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I've found the recent imbroglio with Congress v. the University Presidents pretty interesting due to the somewhat conflicting reactions I've had and just wanted to post some thoughts.
For those not aware, the Presidents of Penn, MIT, and Harvard recently appeared before at a Congressional committee on the subject of antisemitism on campus. Somewhat unexpectedly, the video of the hearing went somewhat viral, especially the questioning of Rep. Elise Stefanik, who repeatedly asked point-blank if calling for the genocide of Jews would be a violation of the campus code of conduct, to which all the Presidents gave evasive answers. The entire hearing is actually worth watching, at least on 2x speed.
Some of my thoughts:
Rep. Stefanik has a trial lawyer's skill for cross-examination. Her questioning was simultaneously obviously loaded and somewhat unfair but also dramatic and effective at making the respondent look bad. However, I wish she would have focused more on the obvious hypocrisy of claiming to only punish speech that effectively is unprotected by the First Amendment, pointing out some of the more obvious cases where they elevated things like misgendering or dog-whistling white supremacy to "abuse" and "harassment" while refusing to do the same for genocide advocacy. In fairness however, other representatives did ask questions along those lines, though not nearly as effectively.
The University presidents were either woefully unskilled or badly coached on how to handle hostile questions like this. They gave repetitive, legalistic non-answers and declined to offer any real explanation of their underlying position or how to reconcile it with other actions taken for apparently viewpoint-related reasons. Stefanik was obviously getting under their skin, and their default response to grin back while answering like Stefanik was a misbehaving child was absolutely the wrong tactic. The Penn President came across so poorly that she felt she had to post a bizarre follow-up video to almost-apologize for not appearing to take it seriously while at the same time implying without really saying that calling for genocide might be harassment.
Their performance was especially frustrating because they were taking a position that I basically support: that the University will not police opinions, even terribly offensive ones, but will police conduct and harassment. It's not that difficult a position to explain or defend on basic Millian principles, but they couldn't or wouldn't do it. Granted, Stefanik would probably have cut them off if they tried, but they didn't try. They didn't use their time during friendly questioning to do so, and they still haven't. I want to support them in an effort to actually stake out that position. But--
It's hard not to think that the reason they haven't is because they don't believe it. Actions speak louder than words, and there have been a number of cases of Universities, even these specific ones, taking action against people for harmful "conduct" or "harassment" when the conduct in question is actually just expounding an offensive opinion. "Safety concern" has also been a ready justification for acquiescing to heckler's vetoes against disfavored speakers. I simply don't believe that they believe their policy requires them to allow hateful speech against Jews. I think they are lying, and that makes me want to not support them.
The episode seems to have especially impacted what I'll call normie Jews, who are reliably blue-tribe but not radically woke. On the one hand, I think they have a legitimate grievance against the hypocrisy of how the code of conduct policies are interpreted for some opinions vs. arguable antisemitism. On the other hand, I think it's bad policy to not be able to make antisemitic arguments ever, even if maintaining civility. I don't actually believe that hate speech is violence, even antisemitism, and I don't support their movement to make antisemitism a per se violation. On the other, other hand, the cause of knocking down the prestige of the Ivies and exposing their rank hypocrisy might be worth allies of convenience. On the other, other, other hand, as a SWM I feel like the prisoner in the gallows in the "First time?" meme. You have a grievance at their hypocrisy, but I have a grievance at your hypocrisy. Most normie Jews have had no complaints at all about woke people saying similar or worse things about "white people." Some of those woke people were themselves Jews, and I suspect that if the universities capitulate, it will be by making Jews a special protected class, which would further from the outcome that I want. I've had a superposition of all these reactions going on.
Drive-by tangent.
Repetitive, legalistic non-answers are also what professional civil-servants give in front of such committees too, even though it's their day job. It's probably the least-worst tactic given the situation, and it prevents you getting actually skewered.
Yes this seems correct. There is no upside and considerable downside risk in answering in any other way. Similarly one should not talk to police beyond the absolute minimum legally required.
I disagree. These hearings play to the public. Having a cogent answer and a cooperative demeanor could be helpful. There is of course increased downside risk as well, but I think someone skilled could sway public opinion in their favor even in the face of hostile questioning, or at least limit the downside risk of public outrage.
Very little on C-Span makes news that people pay attention too. Taking the risk usually pays off.
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Congress could hold someone in contempt right?
That's why you have to show up and play the game. "Go fuck yourself" is not a sufficiently legalistic non-answer.
BTW: A lot has happened since this original thread and it's impressive how badly this tactic went for these people. I state again however: this is the standard way to behave in front of such committees. Or at least it is here in Australia.
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For correctly stating that the answer depends on the context or other actions but this isn't inherently forbidden by school policy? I don't suppose so. I don't think anyone is getting convicted for merely stating legalistic technically true answers.
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Yes but it's toothless unless the DOJ takes up the contempt charge for them.
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Yes, people often wonder how bureaucrats who are otherwise quite charismatic and charming behave like robots at public hearings or with politicians in general, but they’re coached to do so by others in the permanent bureaucracy. The worst thing in that position is for a politician to care, one way or another, a great deal about you personally. It means scrutiny, it means attention from the opposition, it makes your life and that of your coworkers more difficult. So the best thing is to appear as much the gray suit as possible, so they hopefully forget you. If you argue forcefully back then, well, you’ve become a politician.
I deeply regret the Republicans didn’t win the Senate in 2022. Rand Paul would’ve made (justly imo) Fauci’s life a living hell.
How so? He could have just retired slightly sooner, still quite rich and still doing the rounds on news/talk shows answering tough questions like "how does it feel to have saved eleventy-trillion lives with Science(tm)?" Rand Paul constantly grilling him would barely even be reported on, let alone actually affect his life.
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