Comments on: Furor continues over federal campus speech code

By: David Schwartz

David Schwartz — Thu, 13 Jun 2013 08:18:37 +0000

Bob: Many legal principles can’t be turned into mechanical tests that can be easily applied ministerially. That’s why we need juries and judges — to exercise judgment.

By: Bob Lipton

Bob Lipton — Thu, 13 Jun 2013 02:24:28 +0000

“Reasonable” and “typical”. There’s a couple of words that should clear up any ambiguity!

Bob

By: David Schwartz

David Schwartz — Thu, 13 Jun 2013 01:59:39 +0000

Bob Lipton: No, you don’t read me right. Please try reading again, particularly the “reasonably expect a typical person to be offended by the term in the context in which it was used” part.

By: Bob Lipton

Bob Lipton — Wed, 12 Jun 2013 13:21:09 +0000

If I read you right, David, then everything is “objectively offensive” since some one is sure to be offended by any sentence.

Bob

By: David Schwartz

David Schwartz — Wed, 12 Jun 2013 00:35:06 +0000

David Veatch: “Objectively” just means that you ignore any unusual characteristics of the particular individuals involved. You may be offended by the word “moist”, but it wouldn’t be considered “objectively offensive” unless we would reasonably expect a typical person to be offended by the term in the context in which it was used. It basically means the test isn’t whether anyone was actually offended but whether a rational observer would have expected anyone to be.

By: Conor McCartney

Conor McCartney — Tue, 11 Jun 2013 16:59:04 +0000

This all springs out of a liberal censorship movement. It was a fringe feminist movement about 30 years ago but it has trickled its way into mainstream liberal consciousness that speech that is deemed ‘offensive’ or ‘hateful’ should be curtailed. The irony is if you read their opinions on the matter they make sure to point out how censoring ‘hate speech’ doesn’t violate the first amendment, although it clearly does.

By: “Goodbye, pretty much every work of literature ever.” - Overlawyered

“Goodbye, pretty much every work of literature ever.” - Overlawyered — Mon, 10 Jun 2013 11:30:05 +0000

[…] Peter Wood/Minding the Campus. Earlier here, here, etc. […]

By: David Veatch

David Veatch — Thu, 30 May 2013 17:17:48 +0000

Maybe someone can explain to me how “objectively” can be used as an adverb modifying “offensive”.

By: theCL Report: Too Crazy To Believe

theCL Report: Too Crazy To Believe — Wed, 29 May 2013 20:39:28 +0000

[…] Furor continues over federal campus speech code […]

By: David Woodbury

David Woodbury — Wed, 29 May 2013 17:44:37 +0000

Reminds me of the socialists’ motto: Your rights end where my feelings begin.