Democracy

A Journal of Literature, Democracy & Dissidence

In the Samizdat Tradition of Writing against the Machine

Democracy in America: Questions and Answers

In an age of political correctness, authoritarianism is where right and left meet. Conservative and liberal censors alike target whatever speech derides or offends their respective constituent groups.

—Wendy Kaminer, Worst Instincts

What characterizes the democracy our presidents seek to export? The nation's universities and colleges have become bastions of ideological thought, while virtual enemies of free thought and vigorous debate, democracy's cornerstone. Most of the following material was obtained thanks to the Foundation for Individual Rights in Education. For other material, consult the case studies on the right-hand column of the main page. For pertinent statements, consult Quotes on Censorship. This page will be growing as more information is obtained and will be incorporated into any English courses I teach as a professor.

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Questions

On Defamation:

1. What is wrong with the following statement made by writer Nancy Hendrickson as published in Writer's Digest (March 2005)?

"Dishing dirt about private citizens can be cause for libel or defamation-of-character charges, regardless of the truth."

On Sexual Harassment:

2. What is wrong with the following sexual harassment policy statements issued by Vanderbilt University?

"Remarks or jokes that denigrate because of gender" and "[i]nappropriate or offensive behavior that is not necessarily threatening, but usually produces feelings of discomfort in the person toward whom it is directed."

3. What is wrong with the following statement made by an anonymous student regarding Vanderbilt University's harassment statement?

Many of my male friends make gender-related comments and jokes all the time. I don't see that as sexual harassment. Neither would Vanderbilt because I am not complaining about it. However, if I did feel uncomfortable, I am glad to know that I can take advantage of my rights by telling someone, and I know that the offender will face consequences. This person should face consequences, according to the Bill of Rights, because my right to the pursuit of happiness would be hindered. Thus, the Student Handbook is merely trying to protect our rights by making sure others do not abuse their right of free speech.

Answers

On Defamation:

1. “A truth statement, no matter how damaging, can’t be libelous.” (Bunnin and Beren, Writer’s Legal Companion)

"The concept of defamation includes both libel (usually, written defamation) and slander (spoken defamation), although the two are frequently confused and lumped together. […] If you are accused of libel, don’t panic. Although defamation is one of the most frequently made claims in law, it is also one of the most frequently dismissed. […] If a statement is true it is not defamatory. […] A statement of opinion, by itself, cannot be defamation. […] In other words, defamation is about objective harm, not about subjective hurt." (Constitutional lawyers French, Lukianoff and Silverglate, FIRE’s guide to Free Speech on Campus)