14 | February 7, 2019 | Malibu surfside news NEWS malibusurfsidenews.com The Campus Liberty Tour swings by Pepperdine Law professors opine on state of free speech Barbara Burke Freelance Reporter The right to free speech is a cornerstone of the First Amendment and has been a central tenet of democracy for millennia, with its roots dating back to ancient Greece and the Magna Carta. College campuses traditionally serve as incubatory fora where students and professors can engage in free colloquy and robustly exchange opinions. They provide a venue to develop the thought leaders of future generations, noted Harvard Professor Emeritus Alan Dershowitz, a renowned constitutional scholar, prolific author and media commentator, before he and University of Pennsylvania Law School Professor Amy Wax debated issues and policies at a very well-attended symposia, “Are American College Campuses ‘Free Speech Zones?’” The Jan. 31 event, dubbed The Campus Liberty Tour, was co-sponsored by Pepperdine’s School of Public Policy and The Steamboat Institute. Pepperdine Professor Robert Kaufman, a political scientist and theorist, moderated the event. “History instructs that there have always been threats to free speech and to a free press,” Dershowitz said. “One need only consider President Adam’s actions when he signed the Sedition Act which imperiled free speech. “However, this is the first time in my life that I have felt that there is a serious academic threat against free speech and that efforts in academia to control speech on campuses are being used as patriarchal weapons.” Many perceive Wax as viewing constitutional principles through a very conservative and controversial prism. In 2009, she penned “Race, Wrongs, and Remedies – Group Justice in the 21st Century,” a book that posits that affirmative action programs are misguided and that the black community must address challenges stemming from inequity from within. That work engendered an academic and media maelstrom. Wax essentially agrees with Dershowitz and noted that ignoring efforts by colleges to curb speech in the interest of “political correctness” is perilous to America’s democracy. “Some cultures prepare citizens better than others, and we need to focus on values of our great culture remaining viable, including hard work, great civility, and gratitude and reliability,” she said. “I fear that in the interest of political correctness in academia, these values are being rejected.” Attendees gathered in anticipation as the event began, knowing they were in for quite a ride. “It would be logical to first ask why should we be concerned that free speech on campus is in peril,” said Peter Peterson, dean of the School of Public Policy, in his introductory remarks. “My fear, and the fear of many others, is that when we live on an eggshellsensitive campus, worried about offending people so much, it impinges a free exchange of ideas and, as we train the next generation’s leaders, it will lead to an eggshell-sensitive society. “There are two kinds of people — those who squelch opinions and those who shatter eggshells — and tonight, we are here to discuss what kind of public square campuses should have.” Dershowitz expressed concern that those who run college campuses are too “paternalistic and hegemonic as they focus on political correctness.” Many in the audience applauded heartily. “Students and professors have become more concerned about diversity than they are about free speech,” he said. “Albert Einstein couldn’t get a professorial position now because applicants for those positions are essentially being asked to sign what is the functional equivalent of a ‘loyalty oath.’” Dershowitz feared adhering to such principles of diversity could hinder the development of academic rigor. “There are no legal solutions to achieve real diversity,” Wax said. “We need to ensure that we have a robust debate, and we need to fund more trade schools that provide training in occupations in addition to having elite schools.” Wax bemoaned the existence of “an ominous trend dividing our classes of people,” despite the implementation of affirmative Professors Amy Wax (left) and Alan Dershowitz (middle) talk with former United States Circuit Judge Alex Kozinski during the Jan. 31 event at Pepperdine. Barbara Burke/22nd Century Media action policies and despite many people incessantly focusing on political correctness. “We must eliminate barriers to testing the question of whether a true meritocracy will produce equality, rather than employing artificial barriers to try to achieve equality,” she said. The key to a successful academic experience for students as well as for professors, Dershowitz opined, is ensuring “there is a fair balance in the ideas being discussed and that there is a robust balance addressing all points of view on campuses.” He advocated avoiding “too progressive or too conservative a catechism on campuses.” Wax shared Dershowitz’s concerns that the existence of both academic and societal environments encouraging free debate and exchanges between all types of citizens are in peril. “Our society is becoming more divisive because the classes do not interact,” she said. “Elites should be more focused on the common people as they struggle to get along in society.” Dershowitz honed in on the approach he uses to evaluate any issue. “I am an agnostic regarding all issues presented to me,” he said. “I live in a world of uncertainty and am always rethinking fundamental concepts – indeed, few know that originally, my recent book, ‘The Case Against the Democratic House Impeaching Trump,’ was originally going to be about a case against impeaching Hillary Clinton.” The audience erupted in laughter. During the question and answer session, Malibu Surfside News asked Dershowitz about the status of a free press, both on and off campus. “Do you believe that the press is often too onesided and perhaps event divisive?” Malibu Surfside News asked. “Should the press operate in a state of uncertainty to ensure that it is objective?” Dershowitz nodded affirmatively. Please see tour, 19
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