University Utilizing Faulty Irony Detector Censors Flyer Protesting Its Censorship Policy

from the a-nice-warm-glass-of-shut-the-fuck-up dept

Thu, Dec 27th 2012 3:32am — Tim Cushing

It's incredibly odd that institutions of higher learning are so intent on treating their students, who are all adults in the law's eyes, as overly sensitive children who need to be kept in a protective, non-offensive bubble during their stay on campus. Even stranger, one would think that "higher learning" would be a bastion of free speech, as encountering unfamiliar, offensive or otherwise reprehensible viewpoints opens new areas for debate and encourages critical thinking. Instead, free speech is at its most restrained on a majority of campuses out of administrative fear that someone, somewhere might be offended. But this would force the administration to treat those in these circumstances like adults in a free society, one that holds individuals responsible for their words and actions, which is something they are less than inclined to do.

What happens instead is a sanitized "hive mind" atmosphere in which every student is treated as part of a collective "student body," an entity whose tolerance for "offensive" speech is constantly calibrated to the most "sensitive" members of this whole. Once the walk over the eggshells of "free" speech begins, situations loaded with unintentional irony arise.

Blatantly ignoring the First Amendment, administrators at Saginaw Valley State University (SVSU) in Michigan's Tri-Cities area have repeatedly censored a student's posters—ironically, posters that protest a new, unconstitutional SVSU policy that allows the school to censor student postings.

Over the summer, SVSU adopted a new posting policy that requires all flyers to be approved by the Student Life office. The policy states that all postings "[m]ust be in good taste, free from profanity, nudity, or sexually suggestive graphics/phrasing," and "[c]annot include discriminatory or derogatory statements or graphics." The policy did not define "good taste," or what is "discriminatory or derogatory," leaving students to guess what might or might not pass muster with the subjective opinions of SVSU administrators.

The rules may seem sensible at first glance, but as FIRE points out, vague terms like "good taste" or "derogatory" leave the door wide open for inconsistent application of the policy, as well as allowing anything and everything that someone might find "tasteless" or "derogatory" to be censored by the Student Life office. The ambiguity of the policy doesn't end there. The full posting policy also notes that the Student Life office reserves the right to refuse any submission.

An SVSU student correctly concluded that this policy was restricting free speech on campus. And that's where the fun began.

On August 29, student Daniel Chapman, believing the new speech code to be unconstitutional, submitted posters for approval stating "Fuck Censorship, Fuck Oppression, Fuck the Draft. Fight for Free Speech and Political Expression at SVSU and Elsewhere."

On the face of it, Chapman's protest seems almost childish and clearly violates the "no profanity" policy. But Chapman's reckless use of the word "fuck" had a purpose: to draw a parallel to a landmark free speech case.

As Chapman explained in an email to an administrator, he purposely chose this slogan to parallel the seminal 1971 Supreme Court case of Cohen v. California, in which the Court made clear that the First Amendment protects the use of expletives in the communication of core political speech. In Cohen, the Supreme Court overturned the conviction of a Vietnam War protester for wearing a jacket emblazoned with the words "Fuck the Draft" in a county courthouse. The Court held that the message on Cohen's jacket, however offensive to some, was protected speech, writing that "one man's vulgarity is another's lyric."

Student Life and school administrators remained unimpressed. So, Chapman practiced a little self-censorship in order to get his fliers approved.

The next day, Chapman also submitted pre-censored posters for approval reading "F*ck Censorship" and "F!_!ck Censorship."

Still no good. Apparently, the punctuation was still too strong and SVSU refused to approve the pre-censored fliers, opting instead to approve the comparatively toothless "Stand Up for Free Speech" version. At this point, Chapman contacted FIRE (Foundation for Individual Rights in Education) which sent off two letters informing SVSU that its policy violated the First Amendment.

"It is difficult to understand how SVSU administrators, after consulting with a lawyer, could believe they have the right to censor political speech that contains profanity—even censored profanity—when the Supreme Court has made clear that the exact opposite is true," said FIRE Director of Speech Code Research Samantha Harris. "While their apparent dislike for expletives may be sincere, President Gilbertson and his administration must know that their actions violate the First Amendment. They need to understand that, just like Americans' other civil rights, the First Amendment is not optional, and that as public servants, constitutional obligations come first."

The letters went unanswered and FIRE is now planning to take Chapman's complaint to the next level and inform the governor and Michigan state attorney that SVSU's disregard for its students' rights opens it up to potential liability.

Beyond the legal issues, there's the administration's firm belief that the use of an expletive is somehow offensive to a large enough portion of it's presumably foul-mouthed-as-any-other-budding-adult student body will be offended not only by a printed "Fuck" but also by any variation substituting common punctuation for the evil "u." Is the risk of offense so great that it's willing to defend its actions in court? But I doubt this is actually about some stray F-words and more about a pet policy being openly challenged. Now SVSU is in the unenviable position of ceding ground to someone it desperately wants to shut up or going toe-to-toe with an organization more well-versed in First Amendment rights than it is.

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Filed Under: censorship, free speech, saginaw valley state university

52 Comments

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Anonymous Coward, 27 Dec 2012 @ 3:47am

Where else is public speech strictly controlled, oh I Know in countries with one party totalitarian regimes.
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DrKraze, 27 Dec 2012 @ 3:58am

Treating them like a hive is one step. Next step: Implants to premoderate thoughts.
Third step: Those without the implant die out, leaving U.S. as a single, solid hivemind.
No more crime! GREAT!
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Zakida Paul (profile), 27 Dec 2012 @ 4:14am

It's not just Universities. Look at the justice system in the UK and the number of people who have been taken to court for being offensive on social networks. Anything remotely offensive or controversial can land you in trouble these days and that is bloody ludicrous.

Organisations are so keen to make sure they don't offend anyone that they end up offending everyone by restricting their freedom of speech.
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Beech, 27 Dec 2012 @ 4:24am

The problem is that public universities tend to forget that they are public entities. If your private employer decided that you couldn't put "Fuck the draft" signs up in your cubicle, there would be no issue, besides that private censorship sucks too, but is legally permissible. In the same way, a private university pulling the same thing would be detestable, but legal. I'm sure the board for SVSU saw some case study from some other university got sued because some student got offended by something another student posted, then sued. This case is probably not about "protecting the student body" as much as "trying to avoid a lawsuit."

On another note, isn't the entire concept of the policy in breach of the first amendment? What if jackbooted thugs came to your house and pre-screened everything you said. What if you needed some bureaucrats permission to post something on a telephone pole? "Pre-screened sanitized Government-approved" speech is hardly the same thing as free speech.

Also, who the fuck is offended by curse words anymore? 90 year old grandmas? I can't remember the last time I saw someone go into a swoon because someone said the "D" word, or "S", etc.
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Anonymous Coward, 27 Dec 2012 @ 5:13am

Dear Dark Helmet if you are referring to the image of the 60's ~ 80's that is long gone, for a long time now universities have not been a bastion for anything about civil liberties.

I suspect most of them are in fact populated by pompous managers with huge egos, that believe the sheep should be good and obey anything that is throw at them and don't complain also most of them I believe were born without balls.
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Anonymous Coward, 27 Dec 2012 @ 5:29am

Re:
Well I can tell you the new offensives on the block.

There are the stereotype curses, the gender curses, the ethnic curses, the religious curses, use any of those and you offend someone near you I guarantee.

The "D" word nobody cares but if you say the "G"(gender) word it will be an interesting day, or if you use the "I"(religion) or the "P"(religion) word or the "N"(ethinic).

Those are just examples of the new offensive terms that have supplanted the old cursing words.
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Michael, 27 Dec 2012 @ 5:30am

Re:
First, wrong Tim.

Second:

"for a long time now universities have not been a bastion for anything about civil liberties"

I think that was what the article said.
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Anonymous Coward, 27 Dec 2012 @ 5:32am

Nope is the right Tim I am sure of it.

And you may be right about what the article was saying, and I may or may not be wrong :)
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Michael, 27 Dec 2012 @ 5:37am

Education
"Chapman's reckless use of the word "fuck" had a purpose: to draw a parallel to a landmark free speech case"

A university intent on censoring it's students should take a good hard look at their courses to make sure it isn't teaching them the students about the history of free speech law in this country. It's a bit like they handed him a sandwich and said "you better not eat this".
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out_of_the_blue, 27 Dec 2012 @ 5:54am

Free speech doesn't mean deliberate offending.
Problem is that vulgarism always descends into mere words and not ideas. That seems to be the case here where the whole point is to use certain words while not expressing any ideas except in contrived ploy to connect those to political speech.

I find it wise to avoid vulgar words, and helpful to euphemize as there are many people who simply don't want to hear those words; they are offensive and distracting. Try using them to your grandmother. It's not a big imposition to NOT spout off like a drunken sailor. The frequent use of those words doesn't show wisdom or experience, just makes it obvious that you're still children delighted saying "naughty" words.

Once upon a time those who went to university began to speak well to show they'd raised their sights. This policy of SVSU has a good goal of civilizing young savages: we all have to observe certain minimums, because we can ALL get down to savagery, that's easy. Set your standards higher than empty vocalizing as any ARF-ING ankle-biter can do.
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John, 27 Dec 2012 @ 6:03am

What Did Our Founding Fathers Use For Profanity
The "F" bomb. What did we do before it became so offensive? Surely our angry ancestors had words to express themselves in an angry and offensive manner.

I believe the "F" bomb serves its purpose well in modifying an idea or expression to deliver more impact and feeling.

I believe in free speech and defend the use of the word fuck or its many combinations and expressions.

Why use another word when the word fuck says it precisely?
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Berenerd (profile), 27 Dec 2012 @ 6:07am

Re:
We are Borg. Resistance is futile.
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Berenerd (profile), 27 Dec 2012 @ 6:10am

Re:
"What if you needed some bureaucrats permission to post something on a telephone pole?"

Its not generally enforced, however, it is indeed illegal to post ANYTHING on a telephone pole. Its considered vandalism.
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Anonymous Coward, 27 Dec 2012 @ 6:16am

http://thefire.org/

Any group that uses the term Individual Liberty can only be good.
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Applesauce, 27 Dec 2012 @ 6:18am

An Alternate Solution
My solution would have been to get together with my friends and fellow students and file a complaint with the administration for EVERY poster on campus. I guarantee I can find someone who can make a claim that ANY given poster, including those by the University itself are offensive in some way. Each and every one.

Don't turn off the tap; open it up all the way.
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Anita Icenhour, 27 Dec 2012 @ 6:26am

Rule Number 21
Which states, AHEM....."You're offended? So what? A willingness to be offended at the smallest slight is not a sign of a superior consciousness---it is a decision to be a whiner and an emotional bully.
This may come as a surprise, but living in a free country does not mean that you are free from annoyance or immune to things that offend you, and it certainly does not give you a license to silence, reeducate, or harass people with whom you disagree. If you want to avoid being offended, you should probably try a Buddhist monastery rather than, say, public transportation or a modern university. Excerpt from the book "50 Rules Kids Won't Learn In School" by Charles J. Sykes
Of course, until the courts stand up and refuse these RIDICULOUS lawsuits brought by these emotional bullies, it's unlikely that institutions of higher learning are going to stop preparing their defenses against them.
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Anonymous Coward, 27 Dec 2012 @ 6:37am

Re: Free speech doesn't mean deliberate offending.
"I find it wise to avoid vulgar words"

"civilizing young savages"

"any ARF-ING ankle-biter"

The latter two directly contradict the former. No surprise. "Hypocrite" a synonym for out_of_the_blue.

"The frequent use of those words doesn't show wisdom or experience, just makes it obvious that you're still children delighted saying "naughty" words."

Oh hey, that is especially ironic coming from you. Blue, try practicing what you preach. Then, and only then, can you wag your finger at others. You fucking ankle biter.
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Anonymous Coward, 27 Dec 2012 @ 6:56am

Re: Free speech doesn't mean deliberate offending.
"Once upon a time those who went to university began to speak well to show they'd raised their sights."

You really don't know the meaning of the word "irony", do you, boy?

The whole point of using the obscenity is to point out that free speech is being abrogated arbitrarily.
Since only someone with average (or higher) intelligence would understand that, it's not surprising that you don't get it.

Would you consider George Carlin to be stupid?
By your (admittedly-low) standards, he'd be graded as a moron for his "Seven Words You Can't Say on Televison" monologue alone!
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dennis deems (profile), 27 Dec 2012 @ 7:01am

The First Amendment
does not give you the right to hang any poster you wish anywhere you please. Being a student at a university doesn't mean you own its walls. You want to hang a poster there? The university, quite rightly, reserves the right to approve the poster. Why is this even a story?
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Chronno S. Trigger (profile), 27 Dec 2012 @ 7:10am

Re: What Did Our Founding Fathers Use For Profanity
"What did we do before it became so offensive? Surely our angry ancestors had words to express themselves in an angry and offensive manner."

Yes, they were words like Balderdash and Humbug. Words we don't find offensive any more but were considered a high point in lowbrow.
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Chronno S. Trigger (profile), 27 Dec 2012 @ 7:12am

Re: Free speech doesn't mean deliberate offending.
Hay OoTB, FUCK hypocrisy and FUCK hiding bullying and insults behind "inoffensive" words.
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redrum, 27 Dec 2012 @ 7:20am

Re: What Did Our Founding Fathers Use For Profanity
It's such a versatile word that it can literally be every word in a sentence .. Fuck the fucking fuckers .. makes perfectly good sense. How could it possible be bad?

/endsarc
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MonkeyFracasJr (profile), 27 Dec 2012 @ 7:32am

Re: Resistance is Futile
Yes, Resistance IS Futile ...

But Action is Powerful.
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MikeC (profile), 27 Dec 2012 @ 7:43am

Truth about the totalitarian state
�The great strength of the totalitarian state is that it forces those who fear it to imitate it.�
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MikeC (profile), 27 Dec 2012 @ 7:56am

Tolerance -- only goes one way
Ever notice how tolerance only goes one way.... the offended say that someone doesn't tolerate their right to not be offended but in turn because they are complaining so they don't tolerate the right of someone to offend them?

I find many political and personal choices offending in some manner but I don't seek to prevent them from expressing their point of view, acting on their choices, etc..

I "Tolerate" them, but when I express the point of view that I don't agree with them, I am intolerant and must be silenced.

This is an example of the same re-occurring event throughout human interaction, the intolerance of anything someone feels might make them uncomfortable - the need to tell others how to live their life. But then again that is what I am doing right now - except if they choose not to listen to me, I won't try to disallow them from being heard - and I am "in tolerant". Good thing I ignore the noise.

Mike
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Anonymous Coward, 27 Dec 2012 @ 8:08am

Re: The First Amendment
did you even read the article?
cause you sure did not comprehend what was written.
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Anonymous Coward, 27 Dec 2012 @ 8:35am

Re: Re:
I don't quite can put my finger on the why this reminds me of copyrights.
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Yakko Warner (profile), 27 Dec 2012 @ 8:55am

Re: Re: What Did Our Founding Fathers Use For Profanity
Smurf you.
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Anonymous Coward, 27 Dec 2012 @ 8:57am

Apparently, protesting is grounds for a good macing - amirite UC Davis? How'd that end up for you California?

SSDD, those who believe they are entitled will grab more at the expense of others all the while wagging their fingers claiming to be oppressed.
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nasch (profile), 27 Dec 2012 @ 9:27am

Re: Re:
Its not generally enforced, however, it is indeed illegal to post ANYTHING on a telephone pole. Its considered vandalism.

That's probably OK, as long as it's not illegal to post certain things on a telephone pole.
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nasch (profile), 27 Dec 2012 @ 9:28am

Re:
Nope is the right Tim I am sure of it.

Dark Helmet is Tim Geigner; this was written by Tim Cushing.
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Anonymous Coward, 27 Dec 2012 @ 9:46am

Re: Re: What Did Our Founding Fathers Use For Profanity
You had a 'the' in the sentence, so it wasn't every word.
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Will, 27 Dec 2012 @ 9:47am

Re: Free speech doesn't mean deliberate offending.
Fuck you. Fuck your point of view when your point of view includes forcing other people not to do things because it hurts your precious little feeling. There is a difference between teaching people to be polite and trying to force people to fall in line with what a select few deem "appropriate." If you agree with the latter, again FUCK YOU.
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John Fenderson (profile), 27 Dec 2012 @ 10:03am

Re: Re:
The "D" word nobody cares but if you say the "G"(gender) word it will be an interesting day, or if you use the "I"(religion) or the "P"(religion) word or the "N"(ethinic).

Except for that last one, I honestly have no idea what words those are supposed to be.
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John Fenderson (profile), 27 Dec 2012 @ 10:05am

Re: Re:
Its not generally enforced, however, it is indeed illegal to post ANYTHING on a telephone pole. Its considered vandalism.

In a college town I lived in, this is strictly enforced. As I discovered when the cops called me up to tell me to go and remove my posters.
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John Fenderson (profile), 27 Dec 2012 @ 10:07am

Re: Free speech doesn't mean deliberate offending.
Try using them to your grandmother

Who do you think taught them to me in the first place?
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John Fenderson (profile), 27 Dec 2012 @ 10:12am

Re: Tolerance -- only goes one way
the offended say that someone doesn't tolerate their right to not be offended

Yes, and this is where it all goes wrong. Not only is there no such thing as a "right not to be offended," being exposed to things that you find offensive is a natural and inevitable consequence of having the right to free speech. Every time I see or hear something offensive, a part of me celebrates it as a healthy sign.
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Jesse (profile), 27 Dec 2012 @ 10:23am

Re: Re:
Resistance isn't always futile. The borg were apparently no match for any starship with a prime time spot on evening television.
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btr1701 (profile), 27 Dec 2012 @ 11:13am

Re: Free speech doesn't mean deliberate offending.
> Free speech doesn't mean deliberate offending.

Actually, yes, it often does. See American Nazi Party vs. City of Skokie, Illinois.
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btr1701 (profile), 27 Dec 2012 @ 11:17am

Re: The First Amendment
> Being a student at a university doesn't mean
> you own its walls.

If a *public* university is going to allow students to hang posters, it cannot decide which posters are allowed and which are not based on their content or viewpoint.

Basic 1st Amendment law. This isn't even complicated.
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Rikuo (profile), 27 Dec 2012 @ 11:49am

Re: Re: Free speech doesn't mean deliberate offending.
Blue's posts offend me. By his "logic", his right to speech should be curtailed.
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Anonymous Coward, 27 Dec 2012 @ 12:40pm

Re: Re:
That's a safety issue for the people that have to work on those poles. Posting materials often pose a hazard to the integrity of the insulating gloves that protect from electric shock. So it isn't about aesthetics, at least.
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Anonymous Coward, 28 Dec 2012 @ 12:03pm

so the f-bomb is perfectly acceptable in a pg-13 movie, but these clowns have a problem with it in an environment full of adults?
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Rob, 28 Dec 2012 @ 12:35pm

Re: Re:
The "D" word nobody cares but if you say the "G"(gender) word it will be an interesting day, or if you use the "I"(religion) or the "P"(religion) word or the "N"(ethinic).

I have no idea 'W' 'T' 'F' 80% of those words are.
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Anonymous Coward, 28 Dec 2012 @ 12:39pm

Re: Re:
are u not allowed to say
gay, Islam, pagin, or nigger on this site?
What about fag, homo, spick, perv?
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Anonymous Coward, 30 Dec 2012 @ 3:23am

Re: An Alternate Solution
The problem is that they won't ban them once they get your intent.
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Anonymous Coward, 30 Dec 2012 @ 12:11pm

Re: Free speech doesn't mean deliberate offending.
You are my favorite troll :) So well worded and righteous, I love it.
Here's your meal.
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Anonymous Coward, 30 Dec 2012 @ 12:14pm

Re:
No, you're missing the point here I think. They don't like the fact that they were challenged.
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Anonymous Coward, 10 Jan 2013 @ 8:20am

Peter, Peter, pumpkin eater whacked off in the movie theater.Sprayed his load across the screen and ruined Titanic's final scene
-ADC

Oh noes! This comment will most likely be censored lol.. It's all for the "grown" children of course.
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Sheogorath (profile), 17 Jan 2013 @ 1:42am

Re:
"Where else is public speech strictly controlled? Oh, I Know. In countries with one party totalitarian regimes."
Not just there. In England, I can get fined �1000 pounds just for telling a copper to fuck off. That doesn't stop me calling them an Andrex while telling them they should stop being a urine catheter and talking from where they should be passing waste, of course. I guess UK law enforcement is spectacularly thick, because members of another forum got what I said all right.
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