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The Hempstead 15: A Case Study in Free Speech


Submitted by Adria on October 20, 2008 - 1:42pm


I'm currently at work on my prospectus for my dissertation. A few of my research questions thus far (in rough draft stage, I know):
•How has the ideological terrain of free speech changed since nine-eleven? Why?
•How have the changes in free speech impacted political agency/political practice?
•How have the changes in free speech restrained or opened up new sites of struggle/political agency?
•How are the norms of free speech located in power? Under what conditions is free speech oppressive? Who has free speech? Who gets to decide who has free speech?

Of course, embedded in this discussion are questions of what constitutes speech, and, as I hope to explore in case studies like the Danish Cartoon Controversy or David Horowitz's "Academic Freedom Campaign," notions of speech as violence.

Yet something that has developed into a case study chapter for the dissertation are protests outside of political conventions this year (i.e., the arrest of Amy Goodman at the RNC). In particular, I wonder how many know about the Hempstead 15. Does this seem like a new violation of norms? A pushing back? Something I need to explore...

Submitted by Jim Aune on October 21, 2008 - 6:05pm.

This is very important work, Adria, and you are totally on the right track. A few questions:

1. What does "ideological terrain" mean? Do you need to disaggregate this concept into, say, legal scholarship, judicial opinions, politicians, academe? I am still puzzled at the skepticism about free speech that has sunk into far-left (I don't know what the right word is) circles since the 1980's--partially MacKinnon/Dworkin, CLS, the legacy of Marcuse's "Repressive Tolerance, but perhaps also a reflection of political impotence, making it easier to police speech rather than change laws/social policy. We also like a clear understanding of free speech in relation to academic freedom. It is unclear what my free speech rights in the classroom are, for instance.
2. The central philosophical problem is the speech/conduct distinction. But related is the unstable relationship between the religion clauses and the free speech clause (see Rosenberger v. UVA, which conflated public university refusal to subsidize an evangelical student publication with violation of free speech). Hugo Black (I know I'm the only Black devotee left, probably) saw some of these problems in Cohen v. California and elsewhere, when he wanted to draw a bright line between speech and conduct, lest the average citizen get confused about what free speech was. I think the change from speech to "expression" was disastrous in this regard. I deeply dislike Judith Butler's Excitable Speech for a number of reasons but her appropriation of J.L. Austin on performatives is an essential starting point for this discussion.
3. How that relates to your case studies, especially Hempstead, is that not only are we confused still about speech/conduct, but also about reasonable "time, place, and manner" restrictions.
4. Do new media make a difference? The ability of the 'Net to circumvent censorship seems relevant.
5. How "doctrinal" do you want to be in this dissertation--most of the research questions are descriptive rather than normative. I don't know what the right answer is here.

I'm sure I'll have more thoughts, later. Hope this helps.

Submitted by Anonymous on October 21, 2008 - 7:43pm.

sounds a lot -- structurally -- to make the sentences -- like how i used "discursive stage" in citizen critics. "disaggregate" isn't a word my reviewers -- mailloux and leff -- used, though they didn't like how much weight the term carried. adria might need the term, however unpacked, to get to the more important case studies. my two crowns.

terrain - topoi -- bioregions of discourse/ideology.

Submitted by Jim Aune on October 21, 2008 - 8:53pm.

where DID I pick up that ugly word "disaggregate." My advisor used to say "unpack." But I don't like that either.

Submitted by Adria on October 22, 2008 - 9:33pm.

Let me "disaggregate" and "upack," and I'll post some thoughts soon. As I go through this process, I'll post my work-in-progress. :) I am eternally grateful for the thoughts and feedback, and hope that continued discussion can help not just my research, but other grads going through this process.