From exparte at lists.powerblogs.com  Sat Apr  1 07:01:32 2006
From: exparte at lists.powerblogs.com (exparte@lists.powerblogs.com)
Date: Sat Apr  1 07:01:35 2006
Subject: [exparte] David Welker: The Parody and Free Speech
Message-ID: <20060401120132.B88B4111109@highsorcery.com>

Posted by David Welker:
The Parody and Free Speech
http://exparte.powerblogs.com/posts/1143892876.shtml


   Dan,
   I think you make some interesting points. I can understand your
   concern about certain forms of expression being censored. On the other
   hand, I think you are making an inadequate effort to understand the
   perspectives of others.
   I would like to comment on a few things you have said.
   "To which I say, it's about time for some of these law students to
   grow up - if they can't take some friendly ribbing from their fellow
   students in a softball show like the Parody, how are they going to
   survive in the real world? Guess what kids, you're going to be made
   fun of all the time, without your consent and without any prior
   notice, and sometimes it's going to upset you. Deal with it."
   Could I say the same thing to you? That people who have a need to make
   fun of others, without regard to the emotional costs this imposes on
   others, need to grow up.
   I do agree with you, that people SHOULD not let these sorts of things
   bother them. But then, people rarely live up to such ideals in
   reality. And anyway, YOU don't know what experiences the particular
   individuals who make these sorts of objections have had, that gives
   them their perspective. It may be more difficult for these people than
   you or I imagine to conform to the ideal of someone who can take a
   good amount of ridicule without hurt feelings.
   All of this is to say, that people are imperfect. And that maybe we
   should take that into account. Ideally, a person who is overweight,
   would not be bothered at all if people decide to mock them for being
   fat. That WOULD be ideal. But I do not think that the majority of
   people meet this ideal. So, how should we adjust our behaviors, to how
   people are, or to how they should be but are not? I do not think their
   is a single answer to this question. Perhaps some amount of challenge
   and discomfort is useful to people for personal growth. But at some
   point, "friendly" mockery surely crosses a line to where it does more
   harm than good. Right?
   Finally, I want to say that I do not consider your concern about
   "censorship" to be legitimate in this particular context. (Which does
   not mean that the concern is not legitimate in other contexts in our
   modern society.) There is nothing wrong with applying social pressure
   in an attempt to create greater civility. I don't see that there is
   anything wrong with those running the Parody voluntarily making
   changes in response to individual concerns. Voluntary change as a
   result of social pressure is not equivalent to "censorship." Their has
   been no coercion by government or the university here. Only
   individuals voluntarily responding to the concerns of other
   individuals.
   Indeed, I would argue that if you want to say something that goes
   against certain social norms, and you cannot overcome ordinary social
   pressure in order to say it, well, maybe you shouldn't say it. I don't
   have that much sympathy for what I view as cowardice. If there was
   something I really wanted to say, I would not allow mere social
   pressure to keep me from saying it. On the other hand, if what I
   wanted to say was unimportant, say an ethnic joke of some kind, maybe
   it would be wise to show a little consideration for the feelings of
   others. After all, there is more to communication than just what I
   intend to say. Another important variable is the impact of what I say
   on others. Communication is a two-way street. You can say that
   listeners should try not to misinterpret. That is definitely true.
   However, speakers should formulate their words so that they are less
   likely to be misinterpreted.
   This kind of reminds me of undergrad. I was in College Republicans.
   Quite a few conservative students said they were too "intimidated" to
   state their views in classes dominated by liberal professors and
   students. But really, isn't this just cowardice? If people have had to
   fight and die for freedom, am I supposed to be that sympathetic to
   these students who do not even have the courage to exercise their
   freedom of speech in the face of ordinary social pressure? As you
   might say about the people you view as unduly sensitive, maybe these
   people need to grow up. Really. Maybe those who equate ordinary social
   pressure with censorship need to grow up. After all, if you truly
   value freedom of speech, I would hope you would exercise it when it
   matters, despite such pressure. You may have rights, but no one said
   that other individuals have a duty to avoid discouraging you when you
   exercise those rights in a manner they find hurtful.