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Free speech rights and democracy vs. Intolerance. Where are the boundaries?

Started by suzifrommd, March 19, 2015, 12:51:55 PM

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Tysilio

Quote from: jeniTeachers are sort of in a weird edge case, since they do have a role as a mouthpiece for the school. But still, if they're capable of keeping their personal beliefs contained while at school, I don't really see the problem.

And when this woman's GLBT students see her comments on Facebook? What then? How do they feel, knowing that their teacher despises them?  It's not realistic to think that they'll be just fine with it because Ms. Jannuzzi doesn't actually spout this garbage in the classroom.

I agree with Eva Marie: Ms. Jannuzzi has every right to express her opinions -- and accept the consequences.

There's a somewhat parallel case in San Francisco right now, in which police officers were found to be sending each other racist and homophobic text messages. The chief of police has made it clear that he intends to fire them; and in this case, the texts came to light only because they were evidence in a court case. I'm sure there are other officers in that department with the same attitudes, but firing these individuals will send a clear message that people who hold these opinions need to change their ways.
Never bring an umbrella to a coyote fight.
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suzifrommd

Quote from: Tysilio on March 20, 2015, 10:23:40 AM
And when this woman's GLBT students see her comments on Facebook? What then? How do they feel, knowing that their teacher despises them?  It's not realistic to think that they'll be just fine with it because Ms. Jannuzzi doesn't actually spout this garbage in the classroom.

No, they won't be fine with it.

But do students have a right to a teacher who never expresses an opinion they disagree with?

To be fair, the teacher never says she despises any individual gay people, just the policies that apply to gay people raising kids. The opinion that families are healthier when there is a mother and father is not one I agree with, but is it hateful?
Have you read my short story The Eve of Triumph?
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jeni

Quote from: Tysilio on March 20, 2015, 10:23:40 AM
And when this woman's GLBT students see her comments on Facebook? What then? How do they feel, knowing that their teacher despises them?  It's not realistic to think that they'll be just fine with it because Ms. Jannuzzi doesn't actually spout this garbage in the classroom.

It is a bad situation for sure. But blacklisting those who express unpopular opinions has been done a lot throughout history, with some pretty awful consequences along the way. In this particular case, to me (and many of us here), that sure seems like a reasonable thing to do in this case. That makes it hard to think about the abstract question, but IMO you have to do that.

So, e.g., should an outspoken (on personal time) atheist who lives in a heavily religous area be fired from teaching because her students are uncomfortable?
-=< Jennifer >=-

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Joelene9

  Campuses can allow their speech codes on their students, faculty and employees. Some of these speech codes are there as not to offend anyone. That is one of the problems with such censorship. A effect of the free speech is that the communication is better, even though the speaker is a bigot. The tight speech codes on some campuses can lead to more personal bias on each of the students and faculty because of the censorship. Case in point: A student worker at Purdue was reading a book outside on a bench on campus. The title of the book was "Notre Dame vs. the Ku Klux Klan". This book was about that university's lawsuit against the Klan that they eventually won. Another student walked by and saw the cover on the book and reported it to campus security. The reader of that book was suspended not for the content of that book, but for what was on the cover. The cover had an illustration of a Klan rally. The student that reported the incident was offended by the image and the student who was reading the book was suspended.
  Judging a book by its cover.

Joelene
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Tysilio

Quote from: JeniSo, e.g., should an outspoken (on personal time) atheist who lives in a heavily religous area be fired from teaching because her students are uncomfortable?

Only if she goes around saying that the goal of religious people is to destroy civilization, or something equally extreme.   I'm being a bit facetious, but I think there's an important distinction to be made here. I'm all for the expression of opinions that make people uncomfortable (challenging their beliefs is in this category, if it takes the form of rational argument), because discomfort can sometimes be the precursor to actual thought; but I'm opposed to expressions of bigotry which strike at people's identities when the speaker has genuine power over some of those people, and they are also vulnerable because they're young. Doing this is unprofessional, and unprofessional conduct should have consequences.

Never bring an umbrella to a coyote fight.
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Dee Marshall

Quote from: suzifrommd on March 20, 2015, 10:31:49 AM
No, they won't be fine with it.

But do students have a right to a teacher who never expresses an opinion they disagree with?

To be fair, the teacher never says she despises any individual gay people, just the policies that apply to gay people raising kids. The opinion that families are healthier when there is a mother and father is not one I agree with, but is it hateful?
No, they don't have that right. They do have a right to a teacher who doesn't wish they didn't exist or that their parents weren't together.
April 22, 2015, the day of my first face to face pass in gender neutral clothes and no makeup. It may be months to the next one, but I'm good with that!

Being transgender is just a phase. It hardly ever starts before conception and always ends promptly at death.

They say the light at the end of the tunnel is an oncoming train. I say, climb aboard!
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suzifrommd

Thanks for the lively discussion.

Despite what it sounds like, I am not play devils advocate. I'm really trying to get a handle on where I stand on this, since I'm pulled in several directions. It helps me sometimes to reframe the problem and look at it from the other side.

There seems to be a consensus forming that it matters exactly what is in the post in question. Tysilio, you identify "expressions of bigotry which strike at people's identities" as the speech he sees as problematic and speak of "a responsibility to support them with facts and logical reasoning".

I agree with the first (more about that later), but I'm not sure about the second. I should be fired or suspended from my job if I state something that isn't supported with facts and logical reasoning? How do I know whether my post or speech has enough facts or reasoning to satisfy my management.

The post in question *is* seen as logical reasoning by millions of people. It's something you can hear in many churches and on mainstream news outlets, and is taken as truth by a large segment of our population. Yes, I think it's ignorant and misleading, but that's just my opinion.

And does the post strike at gay identity? A case could be made to the contrary. One could argue that the post doesn't denigrate gay people per se, just the way they want to reengineer civilization. If the poster legitimately believes that the direction of western civilization is wrongheaded and dangerous, doesn't she have a right to express those views?

In fact, we DO want to reengineer civilization. We'd like like to see a world where everyone is accepted for who they are. I think that makes a better world, but not everyone agrees with me. Do we fire or suspend everyone who disagrees from their jobs?

All that is almost beside the point. If we say it's OK to suspend or fire someone for an opinion expressed on an internet post, and then provide fuzzy enough criteria of what does or doesn't merit dismissal, doesn't that have the effect of chill ALL speech, because of the difficulty of determining whether any particular post violates the boundaries of the person making the decision?
Have you read my short story The Eve of Triumph?
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Dee Marshall

Very good points, Suzi. I think the power dynamic between children and teachers is a big part of why I find the teacher's actions so heinous. I find the rallying cry of "it's for the children" to be overused but they really do need protection sometimes. A teacher's job is to mold their minds and the direction they're molded has to be carefully monitored by society at large and by their parents. The proper direction is a difficult question, but self hate, if not bigotry, is a pretty easy "no".
April 22, 2015, the day of my first face to face pass in gender neutral clothes and no makeup. It may be months to the next one, but I'm good with that!

Being transgender is just a phase. It hardly ever starts before conception and always ends promptly at death.

They say the light at the end of the tunnel is an oncoming train. I say, climb aboard!
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Tysilio

Sorry for the long post to follow, but actual reasoning sometimes takes a bit of patience.

Quote from: suzifrommdTysilio, you identify "expressions of bigotry which strike at people's identities" as the speech he sees as problematic and speak of "a responsibility to support them with facts and logical reasoning".

I agree with the first (more about that later), but I'm not sure about the second. I should be fired or suspended from my job if I state something that isn't supported with facts and logical reasoning? How do I know whether my post or speech has enough facts or reasoning to satisfy my management.

The post in question *is* seen as logical reasoning by millions of people. It's something you can hear in many churches and on mainstream news outlets, and is taken as truth by a large segment of our population. Yes, I think it's ignorant and misleading, but that's just my opinion.

The reason people see such things as logical reasoning is that they don't understand elementary logic. Here's what she wrote (brackets mine):
QuoteSee this is the agenda...[1]one minute they argue that hey [sic] are born this way and it is not a choice to get 14th amendment rights equal protection....bologna......[2]which was carved for permanent characteristics..unchangeable characteristics such as race and disability... [3]but once they in the 14th amendment they will argue everyone should be able to choose being gay or lesbian lifestyle.....[4] in other words they want to reengineer western civ into a slow extinction  [5] We need healthy families with a mother and father for the sake of the children and humanity!!!!
Let's break down her argument:
[1] is demonstrably true. There's loads of evidence that GLBT people believe that we're born this way and that it's not a choice. However, it's completely irrelevant, because:

[2] is false. This is shown by the way the 14th amendment is actually applied to people with disabilities: a disability doesn't have to be permanent for someone to be protected by the 14th amendment. The ADA, which is basically the implementation of the 14th amendment with regard to disabled people, effectively defines disability as an impairment which lasts more that 6 months. It doesn't have to be permanent. (Sec. 12102, Paragraph 4(D))

[3] is her unsubstantiated opinion about something which might happen, contingent on lesbian and gay people being covered by the 14th amendment (which will be the case if the Supreme Court rules for the plaintiffs in the marriage cases it will be hearing next month). She can't have evidence for something which hasn't happened, nor does it follow logically from her previous premises. (As a matter of fact, [3] is irrelevant to her argument, given that she's wrong about "permanent characteristics" being a prerequisite for protected status under the 14th amendment.)

[4] She concludes, based on the above "premises", that JUST ANYBODY will be able to say they're gay/lesbian and marry someone of the same sex. This is trivially true: the issue before the court is whether people of the same sex can marry; there's no test for anyone to pass to prove their sexual orientation is "real."

[5] She says the only "healthy families" are those in which a mother and a father are present. There's plenty of evidence to refute this claim. The presence of a mother and a father is neither necessary nor sufficient to guarantee a healthy family: many single parents raise their kids just fine, and there are plenty of two-heterosexual-parent families which are hideously abusive and dysfunctional.

So, from all these invalid premises, she "concludes" that western civilization will fall and humanity itself will be imperiled if same-sex marriage is legal.

This is nothing but an emotional rant; it's not even close to a logical argument. Her statement about what we say now vs. what we'll say later is there to show that we're untrustworthy, evil people who are hiding our real agenda; it's not actually relevant to to her argument. She's flat-out wrong about the 14th amendment. There's no reason to think that legalizing same sex marriage will mean that everybody wants one. And there's nothing automatically wonderful about "mum & dad" families.

Conclusion: Western civilization won't fall. If one needs more evidence for this conclusion, consider what a large part gay people have played in forming it, and how central they are to the continued development of Western culture, in the arts, in music, in fashion... LGBT people are actually one of the main pillars of Western civ. (Oh, and... computing, because Alan Turing.)

One might even suggest that a teacher who can't reason any better than this should be fired for utter intellectual incompetence, but unfortunately, we don't live in that universe.

Here endeth the lesson.
----------------

QuoteIf we say it's OK to suspend or fire someone for an opinion expressed on an internet post, and then provide fuzzy enough criteria of what does or doesn't merit dismissal, doesn't that have the effect of chill ALL speech, because of the difficulty of determining whether any particular post violates the boundaries of the person making the decision?

It shouldn't, for at least a couple of reasons. First, many opinions are harmless: I happen to think J.S. Bach was the greatest composer who ever lived, but that's mostly a matter of taste. Even if I were a music teacher, there would be no reason to fire me if I said so: when it comes to taste, people can and do differ, thank goodness.

Second, if I express a controversial opinion but can support it in a logical fashion, then it's a fit subject for discussion, with the proviso that it might not be suitable for all audiences. I have opinions about the treatment of sex offenders,  but I don't discuss them in the presence of five-year-olds; if I were a teacher and did so, I would certainly be sanctioned.  Under some circumstances, hate speech falls into this category; this is why the ACLU has historically defended the right of Nazis to march in Skokie, Illinois.

What Dee wrote above is a vital condition for me: "...the power dynamic between children and teachers."  Hate speech is wrong when the speaker has as much influence as a teacher has over the minds of her students. I hope I've convinced folks that Ms. Jannuzzi's statement comes down to an unsupported statement that LGBT people want to destroy civilization, and if that's not hate speech I don't know what is.

One more thing (I hear people sighing... ) -- we've framed this debate as a question of whether Ms. Jannuzzi should be fired, which she hasn't been, as far as I know, and I don't necessarily think she should be. Punished by an unpaid suspension... for sure.
Never bring an umbrella to a coyote fight.
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Amy1988

Quote from: suzifrommd on March 19, 2015, 12:51:55 PM
There's a story on the internet involving a teacher who was suspended for posting anti-gay opinions on her facebook page (that wasn't associated with her job).

I'm torn about this.

As a LGBT activist, I don't like seeing anti-gay opinions.

But as a free-speech advocate, I believe that the right to express unpopular opinions must be protected (providing it's not hate speech) or democracy is threatened.

And as a teacher, I don't like the idea that our jobs should be in jeopardy based on exercising our free-speech rights outside of the workplace. If someone should stumble across some of the sexuality advice (for example) I've given on these forums to distressed members, could they claim that posting details of my sex life where my students can see them violates they trust they put on me as a teacher.

What do people think? Is it OK for a school (or other employer) to take action against an employee who posts something that the employer disapproves of, even if it's in a non-work account and not during work hours?

For reference, here are the comments in question, as posted by CentralJersey.com:



The right to free speech only protects the right to speech but not from the consequences of speech.  An employer can't stop you from speeking but it can fire you for it.
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rachel89

Free speech ends at actionable threats of violence and "yelling fire in a crowded theater, false advertising/fraud, slander and libel (only civil law applies to the last two).  The only way to deal with people like this in a truly free society is more speech, and lots of it, and it should be very loud and very rude. If she acts on her vile opinions about LGBT persons in the classroom she should be fired on the spot. I really hope she doesn't teach English though, or problems like a "hostile learning environment" might not apply because the "learning environment" piece would be missing in her classroom.


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Jayne

Stan Lee sums my view up well with the famous phrase "with great power comes great responsibility"

Words contain great power, the power to heal and the power to hurt so when putting your words out there for the world to view we each need to consider who our words will help and who our words will hurt.
If you have a position of responsibility, especially over minors or those who are vulnerable then you need to consider the implications your words will have to those under your care, what I type next may seem like a double standard to some but certain people have to be held to a higher standard.
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VeryGnawty

Yeah.  I really don't care what I say on the internet, or who knows.  If someone is going to fire me for something that I said in all honesty, then I wouldn't want to contribute to their company in the first place.  Principles cannot be sacrificed, even for money.
"The cake is a lie."
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Asche

When people start saying we should base our behavior on "principles", I get nervous.  I've seen too many atrocities committed or excused in the name of "principles."

My concern here is: how is a gay or lesbian kid in this teacher's class going to feel, knowing what this teacher thinks of people like him/her?  (Just based on percentages, it's almost certain she has at least one.)  As anyone who remembers their school years knows, teachers have a lot of power and have all kinds of ways of bullying children and getting away with it, and that's true even if the school actually wants to prevent bullying (as opposed to saying the do), which most don't.  It doesn't matter that the teacher hasn't actually publically said that she doesn't respect LGBT people as people, it's reasonable to infer that she does, and if you're a student, do you really want to risk finding out for sure?

The problem with saying "it's just free speech" is that her speech reveals something about her attitudes, and specifically things that one could reasonably assume would affect how she would treat the children who are in her power.

In my part of the world (Northern suburbs of NYC), we've had a couple of cases of local police officers posting racist stuff in social media or sending racist E-mails.  Given the recent incidents of blatantly racist police behavior in our part of the world, I think people are justified in fearing that the attitudes revealed by their "free speech" would be reflected in their on-the-job behavior.
"...  I think I'm great just the way I am, and so are you." -- Jazz Jennings



CPTSD
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VeryGnawty

Quote from: Asche on May 09, 2015, 01:19:42 PM
When people start saying we should base our behavior on "principles", I get nervous.  I've seen too many atrocities committed or excused in the name of "principles."

Everyone has principles, even you.  To have no principles is to have no standards.
"The cake is a lie."
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