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Coventina

(27,084 posts)
Wed Nov 7, 2018, 05:59 PM Nov 2018

"Feminism is Cancer" Acceptable apparel in a college classroom?

Had a student wear a sweatshirt with that in bold lettering yesterday.

I've since been told by the school's lawyer that it is protected first amendment speech.

I said, "How about "Islam is Cancer"?"

Still protected speech I'm told.

WTF?

I give up.

We can't have nice things, like apparently welcoming classrooms of higher learning.

I'm so effing done with this country.

141 replies = new reply since forum marked as read
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"Feminism is Cancer" Acceptable apparel in a college classroom? (Original Post) Coventina Nov 2018 OP
Yep, protected speech maxsolomon Nov 2018 #1
Yeah, but if I say that, I'll be fired. It won't be protected speech for me. Coventina Nov 2018 #3
You work there maxsolomon Nov 2018 #14
Yeah, I work there, so I have no first amendment rights. Coventina Nov 2018 #17
The first amendment means you will not be dragged out of your house by the government for your Demsrule86 Nov 2018 #36
I'm not going to die for hate speech. YMMV. Coventina Nov 2018 #46
hate speech is opinion...either speech is free or it is not...I am not talking about criminal stuff Demsrule86 Nov 2018 #85
OK, I'm not going to die for racists, misogynists, or any other type of bigot. YMMV. n/t Coventina Nov 2018 #86
Let me try. tazkcmo Nov 2018 #111
I'm not keeping him from owning and wearing the shirt. Coventina Nov 2018 #112
I agree with you. tazkcmo Nov 2018 #116
weird you're getting so much blowback for expressing your opinion on this. LanternWaste Nov 2018 #138
Things are a little more complicated than that when the employer is the government. Hassin Bin Sober Nov 2018 #87
But you do--if it is a public school. nt spooky3 Nov 2018 #61
No, as an employee I can be fired for anything they can construe as interfering with the Coventina Nov 2018 #62
That is not correct. I teach this subject at a university. If you don't believe me, do online spooky3 Nov 2018 #68
Interesting. What I'm telling you is what the school's lawyer is telling me. Coventina Nov 2018 #69
Yes, I saw that you were repeating what the lawyer told you. I believe you. But the spooky3 Nov 2018 #72
Correct - thanks to 5 Repuke justices in Garcetti v. Ceballos Alhena Nov 2018 #60
If I were a young person (I'm 71) vlyons Nov 2018 #2
Denmark is the most nationalist, anti-immigrant (maybe with the exception of Finland) of the 4 main Celerity Nov 2018 #96
Put them on the spot for wearing it... cynatnite Nov 2018 #4
I've been told I'm not allowed to confront him about it. n/t Coventina Nov 2018 #6
You don't have to confront him directly. Caliman73 Nov 2018 #103
Ha! Yes, I'm going to make the rest of the semester about feminism. Coventina Nov 2018 #106
No problem. Caliman73 Nov 2018 #109
How 'bout "Misogyny is a Cancer" whathehell Nov 2018 #5
Not allowed to confront him about it, per the school's lawyer. nt Coventina Nov 2018 #7
Is wearing a t shirt with that slogan "confronting" him? whathehell Nov 2018 #19
I can guarantee you if I "confronted" him like that, I would lose my contract. Coventina Nov 2018 #22
You're a teacher? whathehell Nov 2018 #27
Yes, I am. I try to have a safe space in my classroom for all people. Coventina Nov 2018 #29
I understand whathehell Nov 2018 #39
Arizona n/t Coventina Nov 2018 #43
Uh oh..Red state. whathehell Nov 2018 #49
It's his right to have opinions that are wrong. lunatica Nov 2018 #33
I don't know which subject you teach Silver1 Nov 2018 #55
Unless it is "obscene" his speech is rightly protected. AJT Nov 2018 #8
Obscenity is protected speech. {Edited, per informed sources: no, it ain't. See the replies.} mahatmakanejeeves Nov 2018 #10
Unless you are a professor. We don't get first amendment protections at public institutions. Coventina Nov 2018 #15
Check the analysis. Thanks. NT mahatmakanejeeves Nov 2018 #16
That is coming straight from our lawyer. Coventina Nov 2018 #20
Define "hate speech." Also, does "our lawyer" represent you, or your school? NT mahatmakanejeeves Nov 2018 #25
saying hateful things based on gender, ethnicity, religion, etc. Coventina Nov 2018 #26
All protected speech, every last bit of it. mahatmakanejeeves Nov 2018 #28
"Sorry for the sexism"? Coventina Nov 2018 #32
I edited the post. mahatmakanejeeves Nov 2018 #34
Isn't calling feminism a "cancer" hateful speech? whathehell Nov 2018 #41
Yes, they say it's protected under the first amendment. Coventina Nov 2018 #42
Then the speech of dissenting feminist students, if not teachers, should be as well. whathehell Nov 2018 #48
I call bullshit. Adrahil Nov 2018 #133
You can bet if he used slurs against racial minorities.. whathehell Nov 2018 #37
I used the example "Black People are Cancer" and was told it would be protected speech as well. Coventina Nov 2018 #40
"That's apparently how the US works now. And, apparently many DUers are just fine with it." mahatmakanejeeves Nov 2018 #44
Theoretically, he may be right -- In practice, it is NEVER tolerated whathehell Nov 2018 #45
It seems to me Turbineguy Nov 2018 #51
That lawyer is a gutless moron. NT Adrahil Nov 2018 #134
I think you should investigate further as the school's lawyer MAY be wrong. spooky3 Nov 2018 #57
Obscenity is one of the few forms of speech that is NOT protected. n/t Ms. Toad Nov 2018 #50
Thanks for the correction. mahatmakanejeeves Nov 2018 #100
Not if it exposes childen to sexually explicit material, AJT Nov 2018 #64
Thanks for pointing that out. mahatmakanejeeves Nov 2018 #114
Fine, then so is that of the "feminists". whathehell Nov 2018 #23
Good point violetpastille Nov 2018 #35
Yep gratuitous Nov 2018 #38
Obscenity is protected speech. {Edited, per informed sources: no, it ain't. See the replies.} mahatmakanejeeves Nov 2018 #47
Not all speech is protected. Obscenity can be deemed to be not protected if it meets a threshold. Lanius Nov 2018 #54
As I just said to Ms. Toad, thanks for the correction. mahatmakanejeeves Nov 2018 #105
I'm not an attorney, but IMO the problem with obscenity is there is no real objective standard Lanius Nov 2018 #139
Lawsplainer: Can A State University Fire a Professor For Being An Ass On Twitter? mahatmakanejeeves Nov 2018 #9
Yeah, the professor can be fired. But the students get a free pass, apparently. n/t Coventina Nov 2018 #11
Depends. The analysis takes some time. mahatmakanejeeves Nov 2018 #13
Students might not get hired for their dumb speech when they are out of school. Coventina Nov 2018 #18
Isn't the problem the former rather than the latter? NeverTrumpDemocrat Nov 2018 #128
No, I'm thirsting for an environment conducive to learning. Coventina Nov 2018 #129
Would it then be OK to have apparel that says "Misogyny equals Male Insecurity"? alwaysinasnit Nov 2018 #12
No, I can guarantee you I would lose my contract if I wore something like that. n/t Coventina Nov 2018 #24
I guess that is the price to be paid to keep a roof over one's head. I'm sorry that you are in a alwaysinasnit Nov 2018 #31
I think the point is that another student in the class could wear it... Baconator Nov 2018 #99
How about grading his papers on a curve made just for him TNLib Nov 2018 #21
Whoever sits next to this student should wear this T-shirt: muntrv Nov 2018 #30
Too bad you can't raise the thermostat to 85 Raven123 Nov 2018 #52
This is why a simple rule to have no writing (lettering, printing) PoindexterOglethorpe Nov 2018 #53
I know men born under Cancer that are not feminine. I wonder if they will survive it. Deb Nov 2018 #56
Let the natural consequences happen. nolabear Nov 2018 #58
Yes. White male. Coventina Nov 2018 #59
Not surprised. nolabear Nov 2018 #65
And a gamer. Coventina Nov 2018 #67
Just be content knowing GulfCoast66 Nov 2018 #123
"Become the change you seek" struggle4progress Nov 2018 #63
I do all of that. I'm not new at this. Coventina Nov 2018 #66
I expect if I handle stuff right, other students will deal with the nitwits better than I could struggle4progress Nov 2018 #76
It doesn't always work that way. I had a student who wore a hijab. Coventina Nov 2018 #84
Of course, you are right that it doesn't always work that way struggle4progress Nov 2018 #137
Sorry your employer (a government entity?) is not allowing you to suppress speech you dislike... tritsofme Nov 2018 #70
I'm sorry you don't understand the importance of a welcoming environment to higher education. n/t Coventina Nov 2018 #71
No, I certainly don't ever accept excuses for government imposed viewpoint censorship. tritsofme Nov 2018 #75
Ooo yeah! The big bad bogeyman who might actually teach you something. Coventina Nov 2018 #80
Sounds like you have quite a bit to learn about free speech and the First Amendment. tritsofme Nov 2018 #121
*yawn* Coventina Nov 2018 #130
Well you sure sound like a nice person Tumbulu Nov 2018 #127
That guy might as well wear a shirt that says "I'm a bitter little Incel." Hekate Nov 2018 #73
When I saw it, I though about asking him, "Hey! Are you Incel? Your shirt seems to say so." Coventina Nov 2018 #83
I'm surprised at all the pushback you're getting from people who deny the reality you must deal with Hekate Nov 2018 #94
Or how about the ones who think I'm evilly trying to suppress his "free speech"? Coventina Nov 2018 #95
No kidding. They sound (I'm sure they don't intend to) as though they'd gleefully... Hekate Nov 2018 #97
Yes. Sounds like a teachable moment if ever I heard one meadowlander Nov 2018 #74
Except I'm not allowed to. n/t Coventina Nov 2018 #81
Find a real constitutional lawyer. Ms. Toad Nov 2018 #136
Probably need to make one that says Separation Nov 2018 #77
This college professor wouldn't stand for it ProudLib72 Nov 2018 #78
Well, I've been shut down by admin. Coventina Nov 2018 #82
Yes, I read the entire thread ProudLib72 Nov 2018 #90
Thanks for the support. Coventina Nov 2018 #93
I find his tee shirt motto pathetic, marybourg Nov 2018 #79
He wants attention. Turn the heat up in your classroom so rwheeler31 Nov 2018 #88
Unfortunately, I don't have access to the climate controls. Coventina Nov 2018 #89
Yeah that's how it works krawhitham Nov 2018 #91
At least you know who the asshole is without him having to open his mouth. FSogol Nov 2018 #92
Yes... Baconator Nov 2018 #98
That slogan is stupid and bigoted. MineralMan Nov 2018 #101
Except that I'm not allowed to express my disapproval. Coventina Nov 2018 #104
I understand, and agree with the frustration. MineralMan Nov 2018 #113
Soooooo....when I had students who were bullying my student for wearing a hijab, I was in the wrong Coventina Nov 2018 #115
Different situation, entirely. MineralMan Nov 2018 #119
How so? Did they not have the right to question how she dressed? Coventina Nov 2018 #120
You're in a post-secondary arena. WillowTree Nov 2018 #140
don't students sign some sort of code of conduct? Mosby Nov 2018 #102
I'm told by our lawyers that it doesn't violate student COC. Coventina Nov 2018 #108
So, smile Corgigal Nov 2018 #107
All the non-nasty students should sit far away and declare loudly, dawg day Nov 2018 #110
My firm represents both a public school and a private university and I have questions. TomSlick Nov 2018 #117
Public college n.t Coventina Nov 2018 #118
Thanks. That helps focus the answer. TomSlick Nov 2018 #122
I had an uncle who had a term to describe men(boys) like that. GulfCoast66 Nov 2018 #124
Student could be trolling for the right-wing Turning Point USA... VOX Nov 2018 #125
The fall line of incel fashion Blue Owl Nov 2018 #126
Grade on a curve n/t BlueSpot Nov 2018 #131
Most colleges have to follow Title IX Meowmee Nov 2018 #132
Cancel your class if he wears it again. Adrahil Nov 2018 #135
It is protected speech, Zing Zing Zingbah Nov 2018 #141

maxsolomon

(33,265 posts)
14. You work there
Wed Nov 7, 2018, 06:08 PM
Nov 2018

The students must respond to this trolling. This white dude (it's a white dude) is trolling every woman (and feminist men) on that campus, looking for a reaction that he can use to whinge about his oppression on AM radio.

There is a deliberate campaign to disguise provocations as free speech battles.

College Republicans are scum. Its up to every eligible female his age to tell him he'll never get laid. They can make it happen, too.

Coventina

(27,084 posts)
17. Yeah, I work there, so I have no first amendment rights.
Wed Nov 7, 2018, 06:09 PM
Nov 2018

It's an effing double standard and I'm sick of it.

Demsrule86

(68,539 posts)
36. The first amendment means you will not be dragged out of your house by the government for your
Wed Nov 7, 2018, 06:20 PM
Nov 2018

speech. It does not say your employer can't fire you for said speech...and if we want free speech we have to tolerate speech we don't like as well..."I hate what you say but would die for your right to say it is my mantra for these situations".

Demsrule86

(68,539 posts)
85. hate speech is opinion...either speech is free or it is not...I am not talking about criminal stuff
Wed Nov 7, 2018, 08:02 PM
Nov 2018

obviously.

tazkcmo

(7,300 posts)
111. Let me try.
Wed Nov 7, 2018, 09:13 PM
Nov 2018

I don't like the message on the shirt either. Having said that, when I swore into the armed forces I swore to uphold the Constitution for everyone. Feminists, straights, racists, militia types... everyone. Their rights are just as protected as yours and mine.

As someone else posted, it's up to the students to exercise their 1st Amendment right and give this guy he'll. You can't for the reasons you stated.

Coventina

(27,084 posts)
112. I'm not keeping him from owning and wearing the shirt.
Wed Nov 7, 2018, 09:15 PM
Nov 2018

I just don't feel it belongs in the classroom.

If restaurants are able to require men wear jackets, I think it is reasonable that schools not allow bigoted messages on clothing.

tazkcmo

(7,300 posts)
116. I agree with you.
Wed Nov 7, 2018, 09:19 PM
Nov 2018

I wouldn't like it either and I would warn the young man that his classmates may not like it either and they are free to voice that displeasure in ways he may find offensive and insulting. I would give this warning in the classroom so all understood the rules.

 

LanternWaste

(37,748 posts)
138. weird you're getting so much blowback for expressing your opinion on this.
Thu Nov 8, 2018, 01:31 PM
Nov 2018

Seems weird you're getting so much blowback for expressing your opinion on this.

I kinda thought your point was accurate, succinct and obvious.

But I also kinda get why you have to explain the obvious to people who want to ignore it to better maintain their pretense of an alleged and irrelevant cleverness.

Coventina

(27,084 posts)
62. No, as an employee I can be fired for anything they can construe as interfering with the
Wed Nov 7, 2018, 07:23 PM
Nov 2018

mission of the school.

spooky3

(34,425 posts)
68. That is not correct. I teach this subject at a university. If you don't believe me, do online
Wed Nov 7, 2018, 07:30 PM
Nov 2018

research on employment at will and Constitutional protections on public sector employees' free speech. Search for a USSC decision for which John Paul Stevens wrote the opinion.

There are limits on your free speech rights, but there are also limits on students' free speech rights.

Coventina

(27,084 posts)
69. Interesting. What I'm telling you is what the school's lawyer is telling me.
Wed Nov 7, 2018, 07:31 PM
Nov 2018

I'd love for them to be wrong.

spooky3

(34,425 posts)
72. Yes, I saw that you were repeating what the lawyer told you. I believe you. But the
Wed Nov 7, 2018, 07:36 PM
Nov 2018

situation is complex, so if I were in your position I would research it.

PS Lawyers can be wrong as often as anyone else is--at my university, for example, I encountered a situation where a high level official was completely unaware of the Family and Medical Leave Act provisions and even after consulting with a university attorney, got it wrong.

Celerity

(43,248 posts)
96. Denmark is the most nationalist, anti-immigrant (maybe with the exception of Finland) of the 4 main
Wed Nov 7, 2018, 08:15 PM
Nov 2018

Nordic nations. The majority there look on with trepidation at what Sweden does in terms of immigration.

In Denmark, Harsh New Laws for Immigrant ‘Ghettos’

https://www.nytimes.com/2018/07/01/world/europe/denmark-immigrant-ghettos.html

COPENHAGEN — When Rokhaia Naassan gives birth in the coming days, she and her baby boy will enter a new category in the eyes of Danish law. Because she lives in a low-income immigrant neighborhood described by the government as a “ghetto,” Rokhaia will be what the Danish newspapers call a “ghetto parent” and he will be a “ghetto child.”

Starting at the age of 1, “ghetto children” must be separated from their families for at least 25 hours a week, not including nap time, for mandatory instruction in “Danish values,” including the traditions of Christmas and Easter, and Danish language. Noncompliance could result in a stoppage of welfare payments. Other Danish citizens are free to choose whether to enroll children in preschool up to the age of six.

Denmark’s government is introducing a new set of laws to regulate life in 25 low-income and heavily Muslim enclaves, saying that if families there do not willingly merge into the country’s mainstream, they should be compelled.

For decades, integrating immigrants has posed a thorny challenge to the Danish model, intended to serve a small, homogeneous population. Leaders are focusing their ire on urban neighborhoods where immigrants, some of them placed there by the government, live in dense concentrations with high rates of unemployment and gang violence.

snip

cynatnite

(31,011 posts)
4. Put them on the spot for wearing it...
Wed Nov 7, 2018, 06:03 PM
Nov 2018

Do they know what feminism is? It's origin? Why is it a cancer? How has it hurt them? Why does it hurt them?

Look at it as an opportunity to educate and inform not just this student, but the entire classroom.

Caliman73

(11,726 posts)
103. You don't have to confront him directly.
Wed Nov 7, 2018, 09:02 PM
Nov 2018

Start a discussion about feminism in the class. What subject are you teaching? Make it part of the lesson. That way you can get student participation to counteract the position.

Coventina

(27,084 posts)
106. Ha! Yes, I'm going to make the rest of the semester about feminism.
Wed Nov 7, 2018, 09:03 PM
Nov 2018

Thank you.

I don't know why I didn't think of it before.

Caliman73

(11,726 posts)
109. No problem.
Wed Nov 7, 2018, 09:06 PM
Nov 2018

My wife was a history and humanities teacher in an alternative high school. Whenever a student said something racist, sexist, etc... Magically there would be a lesson plan discussing the topic with a healthy debate.

whathehell

(29,050 posts)
19. Is wearing a t shirt with that slogan "confronting" him?
Wed Nov 7, 2018, 06:11 PM
Nov 2018

If so, it would seem that HIS shirt would be deemed just as "confrontational".

Coventina

(27,084 posts)
22. I can guarantee you if I "confronted" him like that, I would lose my contract.
Wed Nov 7, 2018, 06:13 PM
Nov 2018

It's a double standard.

Coventina

(27,084 posts)
29. Yes, I am. I try to have a safe space in my classroom for all people.
Wed Nov 7, 2018, 06:16 PM
Nov 2018

Bigotry tends to curtail honest classroom discussion.

I just found out that bigotry is protected.

What a foolish innocent I was, apparently.

whathehell

(29,050 posts)
39. I understand
Wed Nov 7, 2018, 06:24 PM
Nov 2018

Can I ask what state you teach in?....Misogyny & homophobic speech should NOT be tolerated in a classroom, especially if no "rejoinder" is permitted.

lunatica

(53,410 posts)
33. It's his right to have opinions that are wrong.
Wed Nov 7, 2018, 06:19 PM
Nov 2018

If you get the opportunity to address him about it just say this with a condescending smile on your face. Then say, “isn’t this country great?”

The best thing is to dismiss him as a pathetic young man who finds women scary. Pity him.

Silver1

(721 posts)
55. I don't know which subject you teach
Wed Nov 7, 2018, 07:00 PM
Nov 2018

I don't know which subject you teach, but maybe it's time for a lecture and class discussion on Feminist Ethics. You don't need to address him directly, but address the other students who also are being subjected to this. They certainly deserve that, and are probably as upset as you.

AJT

(5,240 posts)
8. Unless it is "obscene" his speech is rightly protected.
Wed Nov 7, 2018, 06:05 PM
Nov 2018

At least everyone will know what kind of person he is and can avoid him.

mahatmakanejeeves

(57,366 posts)
10. Obscenity is protected speech. {Edited, per informed sources: no, it ain't. See the replies.}
Wed Nov 7, 2018, 06:07 PM
Nov 2018

Last edited Thu Nov 8, 2018, 10:33 AM - Edit history (1)

{Edited: what I should have said is that pornography is protected speech. Not including child pornography.}

Coventina

(27,084 posts)
15. Unless you are a professor. We don't get first amendment protections at public institutions.
Wed Nov 7, 2018, 06:08 PM
Nov 2018

I'm sick of this double standard.

Coventina

(27,084 posts)
20. That is coming straight from our lawyer.
Wed Nov 7, 2018, 06:12 PM
Nov 2018

We don't get first amendment protections because we have to be "unbiased" toward hate speech.

So we're not allowed to speak against it.

That's what I was just told, by our lawyer.

mahatmakanejeeves

(57,366 posts)
28. All protected speech, every last bit of it.
Wed Nov 7, 2018, 06:16 PM
Nov 2018

"Hate speech" is a nebulous concept. "One man's trash is another man's treasure." "Beauty is in the eye of the beholder." And so forth.

mahatmakanejeeves

(57,366 posts)
34. I edited the post.
Wed Nov 7, 2018, 06:19 PM
Nov 2018

ETA: a sweatshirt that says "A woman's place is in the House, and the Senate", one of which I saw on the Metro the other day, can hardly be thought of as confrontational.

It's not taking any sides, is it?

Just my opinion. But, as I said earlier, IANAL.

Coventina

(27,084 posts)
42. Yes, they say it's protected under the first amendment.
Wed Nov 7, 2018, 06:27 PM
Nov 2018

It would have to be a direct threat for them to take action.

 

Adrahil

(13,340 posts)
133. I call bullshit.
Thu Nov 8, 2018, 01:42 AM
Nov 2018

Could the student stand up in the classroom and start making an anti-feminist speech? After all, that is protected speech, right? Of course not. That would be disruptive. If the shirt is disruptive, it has no place in the classroom. If the student wants to wear the shirt outside the classroom, fine. Freedom of speech does not mean you have to say whatever you want, wherever you want.

whathehell

(29,050 posts)
37. You can bet if he used slurs against racial minorities..
Wed Nov 7, 2018, 06:21 PM
Nov 2018

His "rights" would be curtailed, and I wouldn't argue with that, BUT, "hate speech" targets gender & sexual orientation as well, and I'm sick of that NOT being acknowledged.

Coventina

(27,084 posts)
40. I used the example "Black People are Cancer" and was told it would be protected speech as well.
Wed Nov 7, 2018, 06:25 PM
Nov 2018

It's OK to be racist, misogynist, bigoted, and not have to answer to authority figures.

That's apparently how the US works now.

And, apparently many DUers are just fine with it.

Personally, I'm not going to defend a racist's right to speech with my life.

I'm just done.

I'm done with bigots.

I'm done with tolerating intolerance.

mahatmakanejeeves

(57,366 posts)
44. "That's apparently how the US works now. And, apparently many DUers are just fine with it."
Wed Nov 7, 2018, 06:29 PM
Nov 2018

You bet, and I'm one of them.

Do I have to post The Picture again?

Sigh.



Source: https://blog.library.gsu.edu/2012/03/23/secularists-descend-upon-d-c-for-reason-rally/

Full disclosure: I went to George Mason Elementary School.

whathehell

(29,050 posts)
45. Theoretically, he may be right -- In practice, it is NEVER tolerated
Wed Nov 7, 2018, 06:30 PM
Nov 2018

and we get myriad examples of this "lack of tolerance" every day... What a load.

Turbineguy

(37,312 posts)
51. It seems to me
Wed Nov 7, 2018, 06:45 PM
Nov 2018

that this clown is trying to get you to react so that he can make a point. Maybe get you fired. Show off his power. If you got fired and it interrupted the class, the other students would suffer for it. Is this correct? This is college. People are in your class because it's part of the program they are required to take or they want to be there. They pay their tuition to learn and pass the class, not to have it interfered with.

It's your class. If people are there to disrupt it, they can get the boot. The schools where I work have that policy. This has nothing to do with free speech. It has to do with making sure that the students get what they pay for. That's the Deal. You are supposed to present the material, they are supposed to do their part to conform to the requirements.

I had a guy in one of my classes who gave me a hard time for three weeks. Finally toward the end I realized he would not pass the final. I had a quiet word with him. He was a Vet with PTSD. That very morning he started back on his meds (as it turned out). He got a Free Pass on that part. In the end he did pass the final and he apologized to me in front of the class.

The school told me that his employer (who was paying the fare) had doubts he would succeed and they were ready to fire him. By passing my class, he kept his job.

spooky3

(34,425 posts)
57. I think you should investigate further as the school's lawyer MAY be wrong.
Wed Nov 7, 2018, 07:08 PM
Nov 2018

If it is a public school, there are limits to their interfering with YOUR right to free speech too.

Student speech that is unduly disruptive or promotes a hostile environment can also be limited.

You can research some of this on the web--and ideally, another attorney could provide guidance.

Here is one example of info you can find on the web:

https://theeducatorsroom.com/teachers-freedom-of-speech-rights/

mahatmakanejeeves

(57,366 posts)
100. Thanks for the correction.
Wed Nov 7, 2018, 08:55 PM
Nov 2018

I was beginning to have second thoughts about that. Generally, though, I thought that just about anything goes in the good ol' US of A. I can't say that I've ever tried to exercise my "right" to be obscene, so I was working from theory.

Note to self: if you go to the big "don't even think about it, Trump" rally tomorrow, don't do anything obscene, no matter how good an idea it may seem at the time.

"Lanius" wrote back about that as well. I'll get to that post now too.

Thanks again.

AJT

(5,240 posts)
64. Not if it exposes childen to sexually explicit material,
Wed Nov 7, 2018, 07:26 PM
Nov 2018

which I think wearing clothing publicly with sexually explicit pictures, etc. would do.

mahatmakanejeeves

(57,366 posts)
114. Thanks for pointing that out.
Wed Nov 7, 2018, 09:17 PM
Nov 2018

I was beginning to have second thoughts about the protections afforded to obscenity.

Generally, though, I thought that just about anything goes in the good ol' US of A. I can't say that I've ever tried to exercise my "right" to be obscene, so I was working from theory.

Note to self: if you go to the big "don't even think about it, Trump" rally tomorrow, don't do anything obscene, no matter how good an idea it may seem at the time.

"Lanius" and "Ms. Toad" wrote back about my posts as well.

Thanks again.

gratuitous

(82,849 posts)
38. Yep
Wed Nov 7, 2018, 06:21 PM
Nov 2018

I'd consider gifting the wearer (anonymously, so as not to create an atmosphere hostile to free speech) with a shirt saying "I don't plan to get laid ever."

mahatmakanejeeves

(57,366 posts)
47. Obscenity is protected speech. {Edited, per informed sources: no, it ain't. See the replies.}
Wed Nov 7, 2018, 06:31 PM
Nov 2018

Last edited Thu Nov 8, 2018, 10:33 AM - Edit history (1)

{Edited: what I should have said is that pornography is protected speech. Not including child pornography.}

mahatmakanejeeves

(57,366 posts)
105. As I just said to Ms. Toad, thanks for the correction.
Wed Nov 7, 2018, 09:02 PM
Nov 2018

I was beginning to have second thoughts about that. Generally, though, I thought that just about anything goes in the good ol' US of A. I can't say that I've ever tried to exercise my "right" to be obscene, so I was working from theory.

Note to self: if you go to the big "don't even think about it, Trump" rally tomorrow, don't do anything obscene, no matter how good an idea it may seem at the time.

Thanks again.

Lanius

(599 posts)
139. I'm not an attorney, but IMO the problem with obscenity is there is no real objective standard
Thu Nov 8, 2018, 05:20 PM
Nov 2018

that is applied equally in all jurisdictions. The Supreme Court uses the Miller test, which relies on what the "average person" would find obscene according to their "community standards".

The problem is what conservative, rural, small-town folk find obscene is quite different from what a liberal person in Hollywood or South Beach finds obscene.

With that said, there are some things that most people find obscene and believe isn't protected by the First Amendment, especially in the vicinity of minor children.

Also, Freedom of Speech only applies to the government (i.e. law enforcement can't arrest and courts can't prosecute you for your speech or expression unless it is obscene or are fighting words, etc).

And schools, to an extent, can curtail the speech of minor students, but just about all college students are legal adults.

mahatmakanejeeves

(57,366 posts)
9. Lawsplainer: Can A State University Fire a Professor For Being An Ass On Twitter?
Wed Nov 7, 2018, 06:06 PM
Nov 2018
Lawsplainer: Can A State University Fire a Professor For Being An Ass On Twitter?

APRIL 18, 2018 BY KEN WHITE

Yesterday Fresno State Professor Randa Jarrar effusively celebrated the death of former First Lady Barbara Bush on Twitter.

Lots of people are clamoring for her to be fired.

Can she be, legally, consistent with the First Amendment?

Maybe.

I've written plenty of times before about the relevant legal analysis. I also discussed the lead case on the issue, and interviewed its plaintiff, in Episode Three of the "Make No Law" podcast. Here it is again, in shorter form:

Generally, the First Amendment prevents only the government, not your employer, from punishing you for your speech. But what if the government is your employer? Well, then the First Amendment offers you some protection from being punished by your employer for your speech. That protection is governed by a multi-stage analysis.

{snip}

Coventina

(27,084 posts)
18. Students might not get hired for their dumb speech when they are out of school.
Wed Nov 7, 2018, 06:10 PM
Nov 2018

But they are allowed to harass and bully while they are in school.

This is coming from the lawyer.

 
128. Isn't the problem the former rather than the latter?
Thu Nov 8, 2018, 12:18 AM
Nov 2018

You should complain that your speech as a professor has been limited rather than complain that your students' speech has not been (yet.)

Your whole tenor on this thead is breathtakingly ass-backwards. Especially for a professor. You're thirsting for censorship.




alwaysinasnit

(5,063 posts)
31. I guess that is the price to be paid to keep a roof over one's head. I'm sorry that you are in a
Wed Nov 7, 2018, 06:17 PM
Nov 2018

job where you have to bite your tongue.

Baconator

(1,459 posts)
99. I think the point is that another student in the class could wear it...
Wed Nov 7, 2018, 08:48 PM
Nov 2018

... but the teacher as an authority figure, employee (possibly government employee) can't.

TNLib

(1,819 posts)
21. How about grading his papers on a curve made just for him
Wed Nov 7, 2018, 06:12 PM
Nov 2018

But keep it to yourself.

I find losers like this tend to do poorly in life.

Raven123

(4,800 posts)
52. Too bad you can't raise the thermostat to 85
Wed Nov 7, 2018, 06:47 PM
Nov 2018

If it were an appropriate assignment for the class, it would make a good essay topic. Let the students argue for or against the opinion. Suspect he knows little about either.

PoindexterOglethorpe

(25,839 posts)
53. This is why a simple rule to have no writing (lettering, printing)
Wed Nov 7, 2018, 06:51 PM
Nov 2018

on clothing worn at school, other than perhaps an apparel identifier) is a good one.

nolabear

(41,956 posts)
58. Let the natural consequences happen.
Wed Nov 7, 2018, 07:08 PM
Nov 2018

I know it's offensive but trust me, unless it actually disrupts your class it's going to be far more effective to just shake your head, mutter "Children, I swear..." and go on. It's meant to get a rise out of you and the women and it's pitiful. But if it's viewed as a sad little example of immaturity and not worth your time then he can't feel victimized.

Btw I'm assuming the student was male. Is that right?

GulfCoast66

(11,949 posts)
123. Just be content knowing
Wed Nov 7, 2018, 10:33 PM
Nov 2018

That all his knowledge of anything feminine company is what he sees on his computer.

Misogynistic gamer? Not thinking the ladies are lining up to spend time with him.

struggle4progress

(118,268 posts)
63. "Become the change you seek"
Wed Nov 7, 2018, 07:25 PM
Nov 2018

There are many ways to construct welcoming classrooms and to reinforce respectful behavior

Model respect yourself. Learn student names. Tell stereotype breaking anecdotes. Force students to work together and to get to know each other. Make clear that behavior that actually disrupts the learning environment (such as rudeness, shouting, &c) will not be tolerated. Try to keep your own opinions in the background

Coventina

(27,084 posts)
66. I do all of that. I'm not new at this.
Wed Nov 7, 2018, 07:27 PM
Nov 2018

This is the first time I've had offensive language on an article of clothing.

I've always silenced offensive language spoken in my classroom.

I'm angry at not being allowed to address the student about his offensiveness.

Coventina

(27,084 posts)
84. It doesn't always work that way. I had a student who wore a hijab.
Wed Nov 7, 2018, 08:02 PM
Nov 2018

She was being bullied by some students and she came to me for help.

Students aren't always willing to confront other students.

tritsofme

(17,372 posts)
70. Sorry your employer (a government entity?) is not allowing you to suppress speech you dislike...
Wed Nov 7, 2018, 07:32 PM
Nov 2018

I don’t like their restrictions on how you can engage, but you have chosen to work there.

tritsofme

(17,372 posts)
75. No, I certainly don't ever accept excuses for government imposed viewpoint censorship.
Wed Nov 7, 2018, 07:38 PM
Nov 2018

We have the First Amendment to protect from folks like you.

tritsofme

(17,372 posts)
121. Sounds like you have quite a bit to learn about free speech and the First Amendment.
Wed Nov 7, 2018, 09:58 PM
Nov 2018

Maybe you can get a discount on one of their civics courses?

Coventina

(27,084 posts)
130. *yawn*
Thu Nov 8, 2018, 12:47 AM
Nov 2018

Nobody is crushing the little bigot's right to be a bigot.

But in my classroom, I expect my students to respect me, and each other.

By wearing that shirt he is being disrespectful to every woman in the room.

That's not OK.

Coventina

(27,084 posts)
83. When I saw it, I though about asking him, "Hey! Are you Incel? Your shirt seems to say so."
Wed Nov 7, 2018, 08:01 PM
Nov 2018

I'd probably get fired for that, for some dumb reason.

Hekate

(90,616 posts)
94. I'm surprised at all the pushback you're getting from people who deny the reality you must deal with
Wed Nov 7, 2018, 08:13 PM
Nov 2018

I don't know how many ways you can explain that going against the institution's legal counsel means loss of employment. Sad, you know?

Coventina

(27,084 posts)
95. Or how about the ones who think I'm evilly trying to suppress his "free speech"?
Wed Nov 7, 2018, 08:15 PM
Nov 2018

This thread is reminding me why I keep vowing to stop spending time here.

Hekate

(90,616 posts)
97. No kidding. They sound (I'm sure they don't intend to) as though they'd gleefully...
Wed Nov 7, 2018, 08:20 PM
Nov 2018

...troll the rest of DU under the banner of "My First Amendment Rights Trump Yours In Every Way." If they were allowed to under the TOS -- and still we have to thrash out the meaning of civility here a couple of times a year.

meadowlander

(4,393 posts)
74. Yes. Sounds like a teachable moment if ever I heard one
Wed Nov 7, 2018, 07:38 PM
Nov 2018

Instead of being the t-shirt police, why not set an example by really calling out and testing the message.

Ms. Toad

(34,055 posts)
136. Find a real constitutional lawyer.
Thu Nov 8, 2018, 01:57 AM
Nov 2018

Your rights are not so limited as you seem to think - especially at the university level. You probably don't have the right to tell him not to wear it - but there's almost certaily a way to work the discussion into a class in a way that makes it safe for everyone else to tell the little jerk exactly how his shirt makes him feel, both women - and cancer survivors.

You can almost certainly find a way, regardless of subject matter, that you can use to force him to back up his offensive slogan with reasoned, supported, arrguments (or, better yet, require each person to adopt the argument that runs counter to their personal opinion)

Separation

(1,975 posts)
77. Probably need to make one that says
Wed Nov 7, 2018, 07:44 PM
Nov 2018

Catholics pay their church to protect child molesters and see how that fart goes over.

ProudLib72

(17,984 posts)
78. This college professor wouldn't stand for it
Wed Nov 7, 2018, 07:47 PM
Nov 2018

If it happened in my classroom, I'd report him to our intervention/student conduct team. I would make sure to state that his behavior is directly affecting the atmosphere of the classroom and causing other students to be anxious and fearful.

Coventina

(27,084 posts)
82. Well, I've been shut down by admin.
Wed Nov 7, 2018, 07:59 PM
Nov 2018

And, we're evil suppressors of free speech, don't ya know?

See above in the thread.

ProudLib72

(17,984 posts)
90. Yes, I read the entire thread
Wed Nov 7, 2018, 08:07 PM
Nov 2018

And it pissed me off to no end.

The college I teach in wouldn't stand for it either. They are hyper vigilant of intolerant behavior. I would say that at least 1/3 of our students are foreigners. I had four students in one class of 12 who were DACA. You get the picture. I am sorry that your college is so evil!

Coventina

(27,084 posts)
93. Thanks for the support.
Wed Nov 7, 2018, 08:12 PM
Nov 2018


If "Free speech" is so G-D Damn sanctified, then everything we say about Trump every day here is hypocritical.

There is a such thing as unacceptable speech in certain contexts, and education ought to be one of them, if education is supposed to mean any damn thing at all.

Sorry, venting.

marybourg

(12,606 posts)
79. I find his tee shirt motto pathetic,
Wed Nov 7, 2018, 07:48 PM
Nov 2018

and would, after an initial snort of derision, ignore and avoid him. He’s wearing his insecurity about his own sexuality on his chest. How is that anything other than pathetic?

rwheeler31

(6,242 posts)
88. He wants attention. Turn the heat up in your classroom so
Wed Nov 7, 2018, 08:05 PM
Nov 2018

that wearing a sweatshirt is uncomfortable see what he does.

MineralMan

(146,281 posts)
101. That slogan is stupid and bigoted.
Wed Nov 7, 2018, 08:58 PM
Nov 2018

It's on a young adult, though, in a public place. It's offensive but not illegal. So, as an employee of that place, you're stuck. Another student could say something about it, but you can't, since you're representing the school.

I think you'll probably have to do your best to ignore it. There are no rules or laws that protect people from being offended by slogans. It's just one of those things we have to put up with, so we can wear shirts that say "Trump Sucks" or "Jesus Died for Nothing."

Coventina

(27,084 posts)
104. Except that I'm not allowed to express my disapproval.
Wed Nov 7, 2018, 09:02 PM
Nov 2018

And, I'm not allowed to address the chilling effect it could have on my classroom.

What about the other students?

They are paying their tuition to get an education, and believe me, they are not getting the best I can give them if I'm distracted by a bigoted student and having to tiptoe around what I say to him.

There are profound reasons why higher education (and K-12 for that matter) needs to be a safe space for everybody, and that means being respectful of others and not GOING OUT OF ONE'S WAY to be offensive, as this student is doing.

MineralMan

(146,281 posts)
113. I understand, and agree with the frustration.
Wed Nov 7, 2018, 09:16 PM
Nov 2018

The expression of ideas that are offensive to some is very annoying, but is permitted by our laws and society. A college is an adult venue. A public college cannot restrict language or ideas that some find insulting, troubling or disturbing. The First Amendment doesn't offer filters that can be used to limit speech or expression.

No doubt, the wearer of that slogan intends to create anger or other emotions in others. That's deplorable, but not actionable by the institution or its representatives.

Adults. Public spaces. Freedom of expression. There it is.

Coventina

(27,084 posts)
115. Soooooo....when I had students who were bullying my student for wearing a hijab, I was in the wrong
Wed Nov 7, 2018, 09:18 PM
Nov 2018

for putting a stop to that?

Weren't they allowed to express their opinions of her dress?

Was I suppressing their free speech?

Coventina

(27,084 posts)
120. How so? Did they not have the right to question how she dressed?
Wed Nov 7, 2018, 09:34 PM
Nov 2018

They didn't THREATEN her, or touch her physically.

It was just free speech.

I was told (as is in my OP) that saying "Islam is cancer" is protected speech.
I did not know that at the time, when I chastised those students.

Silly me, I saw it as offensive, and sought to end it. (which I did)

Now I'm being told offensive is OK.

WillowTree

(5,325 posts)
140. You're in a post-secondary arena.
Thu Nov 8, 2018, 05:32 PM
Nov 2018

Time for any of the "other students" who have not done so yet to get accustomed to the fact that there are other people who have thoughts and ideas that they will find offensive but, unfortunately, there is no constitutional (or any other that I know of) right not to be offended.

You're giving this kid too much power over you. If he's just airing his unfortunate opinion and not personally attacking someone else, he's free to do so. If you let him see that it's getting to you, he will have accomplished his purpose, at least as far as getting into your head is concerned. Just be the bigger person.

Mosby

(16,295 posts)
102. don't students sign some sort of code of conduct?
Wed Nov 7, 2018, 09:01 PM
Nov 2018

Maybe his shirt violates that.

And if a couple students want to admin amd said they felt threatened by the shirt they would probably have to do something.

Coventina

(27,084 posts)
108. I'm told by our lawyers that it doesn't violate student COC.
Wed Nov 7, 2018, 09:05 PM
Nov 2018

It violates a statement I have in my syllabus about intolerance.

I'm thinking about putting something in about clothing going forward.

dawg day

(7,947 posts)
110. All the non-nasty students should sit far away and declare loudly,
Wed Nov 7, 2018, 09:11 PM
Nov 2018

"This is why you never get a date. No one will ever fall in love with you. Poor loser."

Only you have to worry he's a fan of Eliot Rodgers.

TomSlick

(11,096 posts)
117. My firm represents both a public school and a private university and I have questions.
Wed Nov 7, 2018, 09:21 PM
Nov 2018

At what type of school do you teach? Grade school, high school, college? Is the school public or private?

TomSlick

(11,096 posts)
122. Thanks. That helps focus the answer.
Wed Nov 7, 2018, 10:11 PM
Nov 2018

A student at a public (but not private) institution has a First Amendment right of free speech that the State - through the agency of the public college - may not infringe. The classic statement of the law is that a student does not loose his or her free speech rights "at the school house door." Tinker v. Des Moines School Dist., 393 U.S. 503 (1969).

However, the First Amendment right is not unlimited. (Think shouting "fire" in a crowded theater.) A public institution can prohibit student expression that is "disruptive." For example, if the student's offensive shirt caused a disturbance in class, the institution may forbid its wear. The level of offensiveness that must be allowed is higher in college than it would be in a high school. I think (without any authority with which I am familiar) that what would be disruptive would also vary from institution to institution and area to area.

A reasonable question is whether there was an actual disturbance. If the other students reacted in a fashion that was disruptive, that would be a important. (Yes I know, that is a heckler's veto but I nevertheless think it important.) If there was no reaction in the class other than silent opprobrium, the institution probably cannot forbid the student from wearing the shirt. However, if the student caused a disruption by wearing the shirt to class, you need to ensure college counsel is aware of that fact. If college counsel is a member of National Association of College and University Attorneys (NACUA), s/he should consider posting a question on the Association website.

Similarly, faculty at a public institution also have a First Amendment right. However, my advice would be not to confront the student in class or in public. First, it's just not fair - your superior position is not a good start for a fair debate. More importantly, that type of confrontation is probably what the student is wanting. One of my personal rules to live by is apropos: "Never argue with stupid people. They will drag you down to their level and then beat you with experience." (Mark Twain)

It has been my observation through the years that college professors are often called upon to make judgment calls about students, e.g. the student who is on the cusp for the next higher grade at the end of the term and may or may not deserve a break, or a student looking for a recommendation for a job, etc. Your student is making a poor choice in convincing the professor he is unintelligent. It is, after all, a round world.

Good luck.

GulfCoast66

(11,949 posts)
124. I had an uncle who had a term to describe men(boys) like that.
Wed Nov 7, 2018, 10:43 PM
Nov 2018

‘There’s a man that never had his ass kicked’.

Sorry, I grew up in a more rough and tumble time and place.

That shirt would not have been worn when and where I went to college and the professors would not have had to concern themselves with it. But I know kids are raised to be less violent than my generation was and overall see that as a good thing. But occasionally...

VOX

(22,976 posts)
125. Student could be trolling for the right-wing Turning Point USA...
Wed Nov 7, 2018, 11:03 PM
Nov 2018

Or a similar organization. Indoctrinated students will troll profs in order to “out” them as having the ever-elusive “liberal bias.”
https://en.m.wikipedia.org/wiki/Turning_Point_USA
<snip>
Since 2016, Turning Point USA has maintained a Professor Watchlist that lists college professors it alleges "discriminate against conservative students and advance leftist propaganda in the classroom.” The organization has also secretly attempted to influence student government elections in an effort to "combat liberalism on college and university campuses.”
<snip>

And which right-wingers serve on Turning Point’s advisory board? Ginny (Mrs. Clarence) Thomas, for one. Finders include the Richard and Helen DeVos Foundation, named after the in-laws of Secretary of Education Betsy DeVos. So many branches and roots leading to the same rotten tree.

Blue Owl

(50,325 posts)
126. The fall line of incel fashion
Wed Nov 7, 2018, 11:23 PM
Nov 2018

This polyester-blend pullover is great for MAGA rallies, or just hanging out in mom's basement...

 

Adrahil

(13,340 posts)
135. Cancel your class if he wears it again.
Thu Nov 8, 2018, 01:45 AM
Nov 2018

Say that shirt makes you feel unsafe and threatened. Threaten to sue for creating a hostile work environment if they attempt to retaliate. Let them ponder a lawsuit from YOU.

Zing Zing Zingbah

(6,496 posts)
141. It is protected speech,
Thu Nov 8, 2018, 05:51 PM
Nov 2018

but wearing a shirt like that says more about the person wearing it than anything. Most people will think the person wearing that shirt is an asshole. I don't have a problem with the assholes publicly outing themselves. Guys wearing shirts like that will have a major hard time getting dates with women. A woman wearing that shirt is just going to seem crazy and self loathing, also not attractive.

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