University of California considering recognizing a “right” to be “free from … expressions of intoler

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University of California considering recognizing a “right” to be “free from … expressions of intolerance”

The Volokh Conspiracy | opinion

By Eugene Volokh September 11 

Here is a proposed policy that the Regents of the University of California’s Committee on Education Policy will be discussing next Thursday:
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1. The policy specifically condemns the expression of particular viewpoints as “intolerant,” as having “no place at the University of California,” and a violation of others’ rights to be “free from … expressions of intolerance.” For instance, articulating a view that people with various intellectual disabilities are incapable of various intellectual tasks, or people with various physical disabilities are incapable of various physical tasks, would be condemned by the authority of the University. (“University leaders will take all appropriate steps to implement the principles.”)

Articulating a view that there are cultural (or even biological) differences between ethnic and racial groups in various fields — condemned by the authority of the University, without regard to the arguments for or against the particular assertion. It’s just an up-front categorical rule; whatever you want to say along these lines, we don’t want to hear it, we don’t care what your arguments are, we’ll condemn it, and faculty and students have a right not to hear it. Even “depicting” such a view, whatever that means, is “intolerant” and “has no place at the University.”

Saying that illegal aliens (or noncitizens who are legally here) ought not be appointed to be, say, the student member of the Board of Regents — likewise condemned. And this isn’t limited to situations where the speaker is a participant in a selection decision, which the participants are obligated to make in a nondiscriminatory way. It equally applies to, say, a student newspaper that condemns the appointment of noncitizens to leadership positions. (For a recent controversy along these lines in a local city, which could equally arise at a university, see this story about two illegal aliens named as volunteers to city commissions in an L.A.-area town.)

And these are just examples. The policy obviously extends to the other categories traditionally joined to race, ethnicity, and disability, such as sex, sexual orientation, or religion.