Yale University retains prominent attorney to defend FOIA request made by Yale student Sarah Braasch

Sarah Braasch, made unintentionally famous by the “napping while black” incident at Yale University on May 8, 2018, made an FOIA request to the state of Connecticut in hopes that Yale Police Department would release body camera footage of the police interview with Sarah herself only.

Sarah contends that what she said during this interview was not racist in nature, but instead was an attempt to explain the backstory of the situation. She believes the release of the footage will exonerate her of the statements rapidly made by Yale University couching the incident in racist terminology.

The hearing was scheduled for October 3, 2019, but the new attorney had requested a postponement and this postponement has been granted by the State of Connecticut. Braasch had already booked and paid for her travel.

The request for the postponement was made by Aaron Bayer, partner in the law firm Wiggin and Dana. According to Mr. Bayer’s impressive bio, he is “a litigation partner who heads the firm’s Education Practice Group and previously chaired the firm’s Appellate Practice Group.” His complete bio may be found here. https://www.wiggin.com/content/uploads/pdf/aaron-s-bayer.pdf

Mr. Bayer “draws on his experience in positions in higher education and government to advise colleges, universities, private secondary schools, and nonprofit organizations on the complex legal, regulatory, and public relations issues they regularly face.”

What is FOIA? Courtesty United States Government, FOIA.gov

Since 1967, the Freedom of Information Act (FOIA) has provided the public the right to request access to records from any federal agency. It is often described as the law that keeps citizens in the know about their government. Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect interests such as personal privacy, national security, and law enforcement.

The FOIA also requires agencies to proactively post online certain categories of information, including frequently requested records. As Congress, the President, and the Supreme Court have all recognized, the FOIA is a vital part of our democracy.

What is the Presumption of Openness and Who Issues Guidance to Agencies on the FOIA?

The FOIA provides that when processing requests, agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is prohibited by law. Agencies should also consider whether partial disclosure of information is possible whenever they determine that full disclosure is not possible and they should take reasonable steps to segregate and release nonexempt information. The Office of Information Policy at the Department of Justice is responsible for issuing government-wide guidance on the FOIA as part of its responsibilities to encourage all agencies to fully comply with both the letter and the spirit of the FOIA.

Bible Literacy Classes Are Constitutional Under Certain Conditions

Today, President Donald Trump tweeted the following:

My first reaction was this cannot be constitutional. A little research led me to The Bible Literacy Project, which publishes a textbook titled The Bible and Its Influence. (This textbook was launched in 2005, a decade before Trump took office.) According to The Bible Literacy Project, this is the only First Amendment-safe textbook currently on the market.

Justification for Biblical literacy is that understanding the stories and characters of the Bible may contribute to an enhanced understanding of literature, history, music and art.

According to Finding Common Ground: A First Amendment Guide to Religion and Public Schools, teaching about religion  incorporates the following concepts:

  1. The school’s approach to religion is academic, not devotional.
  2. The school may strive for student awareness of religions, but should not press for student acceptance of any one religion.
  3. The school may sponsor study about religion, but may not sponsor the practice of religion.
  4. The school may expose students to a diversity of religious views, but may not impose any
    particular view.
  5. The school may educate about all religions, but may not promote or denigrate any religion.
  6. The school may inform the student about various beliefs, but should not seek to conform him or her to any particular belief.

The Biblical Literacy Project notes that the teaching of the Bible in public schools has been upheld by the Supreme Court as long as the curriculum is objective and part of a secular program.

Report: 9 in 10 American colleges restrict free speech

 

By FIRE December 11, 2018

  • In 11 states, at least half of colleges rated earn FIRE’s worst rating for “clearly and substantially” restricting free speech rights.
  • Almost 800,000 students at top U.S. colleges must find a “free speech zone” to exercise their expressive rights.

PHILADELPHIA, Dec. 11, 2018 — The vast majority of students at America’s top colleges and universities surrender their free speech rights the moment they step onto campus, according to a new report from the Foundation for Individual Rights in Education.

Released today, Spotlight on Speech Codes 2019: The State of Free Speech on Our Nation’s Campuses analyzes the written policies at 466 of America’s top colleges and universities for their protection of free speech. The report finds that 89.7 percent of American colleges maintain policies that restrict — or too easily could restrict — student and faculty expression. All of the analyzed policies are accessible in FIRE’s Spotlight Database. FIRE rates schools as “red light,” “yellow light,” or “green light” based on how much, if any, speech protected by the First Amendment their policies restrict.

“Most colleges impose burdensome conditions on expression by maintaining policies that restrict students’ free speech rights,” said FIRE Senior Program Officer Laura Beltz, lead author of the study. “Colleges should be a place for open debate and intellectual inquiry, but today, almost all colleges silence expression through policies that are often illiberal and, at public institutions, unconstitutional.” 

More than a quarter of institutions in the report (28.5 percent) received FIRE’s poorest, red light rating for maintaining speech codes that both “clearly and substantially” restrict freedom of speech.

Alarmingly, red light schools still make up at least half of FIRE-rated institutions in the District of Columbia and 11 states: Alaska, Delaware, Idaho, Illinois, Louisiana, Massachusetts, New Jersey, South Carolina, Vermont, Washington, and Wyoming.

Only 9 percent of institutions (42 schools) do not maintain any policies that compromise student expression, earning FIRE’s highest, green light rating. This total is up from only 2 percent in 2009. Meanwhile, the number of institutions earning a yellow light rating is swelling: from 21 percent in 2009 to 61 percent today. While less restrictive than red light policies, yellow light policies still prohibit or have an impermissible chilling effect on constitutionally protected speech.

“Many states have made incredible strides toward eliminating speech codes — whether that’s through collaboration with FIRE, legislative action, or nudging from peer institutions,” said Beltz. “In other states, too many students are left to fend for themselves to protect their rights against policies that — whether explicitly or covertly — erode student expression.”

Neither public nor private colleges have a monopoly on silencing students and faculty members. Just over 90 percent of public colleges maintain policies that don’t live up to their free speech obligations under the First Amendment.

Private institutions are generally not bound by the First Amendment but are responsible for living up to their institutional commitments to free speech. More than 88 percent of private institutions fall short of those promises. Only 6 percent live up to their pledged speech protections, earning a green light rating. Another 6 percent earn a “warning” rating for promoting other principles, such as religious values, over free speech.

Other findings:

  • Almost 800,000 college students attend an institution that maintains a “free speech zone” policy, through which student demonstrations and other expressive activities are quarantined to small or out-of-the-way areas of campus. Free speech zones have repeatedly been struck down by courts or voluntarily revised as part of lawsuit settlements.
  • For the first time, the percentage of private universities earning FIRE’s worst, red light rating dropped below 50 percent, coming in at 47 percent.
  • More than 50 administrations or faculty bodies have adopted statements in support of free speech modeled after the one adopted by the University of Chicago in January 2015. That’s up 15 from one year ago.

Spotlight on Speech Codes 2019: The State of Free Speech on Our Nation’s Campuses can be read in full on FIRE’s website, along with previous speech code reports since 2006.

The Foundation for Individual Rights in Education (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of students and faculty members at America’s colleges and universities. These rights include freedom of speech, freedom of association, due process, legal equality, religious liberty, and sanctity of conscience — the essential qualities of liberty.

 

Serena Williams, Mark Knight & Controversial Art: How to Manage Public Complaints Effectively

Serena Williams as depicted by cartoonist Mark Knight, Herald Sun

The National Coalition Against Censorship has a magnificent publication called “Museum Best Practices for Managing Controversy.” The document is written as a how-to manual for addressing concerns in the visual arts when a work is deemed offensive and garners public complaints.

This guide could easily be reapplied to any situation to thoughtfully and fairly address any complaint lodged against an artist, writer, publisher—you name it.

Of particular interest:

The two core elements in response to a complaint are:

Leave the exhibition exactly as it is while establishing a period for review and discussion.

Establish a learning opportunity by creating possibilities for thoughtful discussion between concerned stakeholders.

Evaluate the complaint(s): Who is complaining? What are their credentials? Is the complaint sincere criticism or an act of political opportunism by a group leveraging controversy to serve other goals?

Here are the best practices in full:

 

Preamble

The Museum Best Practices for Managing Controversy is designed to provide museums and other cultural institutions of any size or scope with guidelines that can help manage controversial content and transform controversy into a learning moment about the nature of diverse opinions and an institution’s ability to address them. This non-binding document of best practices offers guidance to an institution concerned about or confronted with accusations of inappropriate, objectionable, or offensive content. Institutions caught in the frantic environment of controversy can refer to this set of strategies designed to calm the waters, open space for conversation and learning, and prevent or defuse a potentially volatile situation through deliberate steps to create meaningful dialogue.

When these guidelines are regularly used by cultural institutions and referenced as a recommended resource by their respective professional associations, the body of practice across the field becomes stronger and more consistent, building credibility and a positive image of all organizations. The simple ingredient of a nationally recognized protocol creating time and space to open dialogue may prevent an over-cautious, self-punishing reaction by institutions caught up in controversy. It may also encourage the institution to address sensitive issues of civic engagement and help fulfil the museum’s mission as a forum for the exploration of diverse ideas.

Introduction

The guidelines reflect an in-depth analysis of various historical and current sources, among them governance documents produced by arts and culture organizations as well as academic institutions, and statements by individual representatives of exhibiting institutions. The guidelines consist of two components: a free-speech statement that may be adopted in its entirety and a best practices template that may support exhibiting institutions, museums, performance spaces, art schools and others when they draft their own procedures, specific to their particular needs.

There are three strategies museums can use to resist pressure and assure their curatorial autonomy:

  1. Public Statement Affirming Commitment to Artistic and Intellectual Freedom of Speech (“Freedom of Speech Commitment”);
  2. Preparation in Advance of Upcoming Programs and Potential Controversy, through agreement on clear curatorial procedures, feedback mechanisms, and educational plans;
  3. Procedures for Addressing the Press or Complaints from the Public after an Exhibition or Special Program Opens.

Taken together, the Free Speech Commitment and the procedures to anticipate and respond to controversy will help to:

  • Equip an institution with the tools to respond to criticism of controversial content;
  • Improve relationships with the public;
  • Support the right of audience members to access a wide variety of work;
  • Safeguard the exhibiting institution against self-censorship;
  • Introduce transparency;
  • Ensure institutional support of curatorial decision-making; and
  • Provide board member orientation.

The promotion and use of these strategies by national organizations and leading institutions will help validate them as the best practices in the field, and will help create communities of support when controversy arises in a specific institution.

Freedom of Speech Commitment

Each institution is encouraged to draft a Freedom of Speech Commitment statement.

Sample / suggested template:

Freedom of speech is the foundation of our communities and our nation. The works this institution exhibits may awe, illuminate, challenge, unsettle, confound, provoke, and, at times, offend. We defend the freedom to create content and exhibit such work anywhere in the world, and we recognize the privilege of living in a country where creating, exhibiting, and experiencing such work is a constitutional right.

To exhibit a work of art is not to endorse the work or the vision, ideas, and opinions of the artist. It is to uphold the right of all to experience diverse visions and views. If and when controversies arise from the exhibition of a work of art, we welcome public discussion and debate with the belief that such discussion is integral to the experience of the art. Consistent with our fundamental commitment to freedom of speech, however, we will not censor exhibitions in response to political or ideological pressure.

Preparation in Advance of Upcoming Programs and Potential Controversy

  1. Specify clear curatorial selection procedures. Such procedures help institutions respond to complaints.

Document internal curatorial selection criteria.

Specify who is responsible for selection (gallery director, curatorial department, faculty members, peer panel); specify composition of the panel (e.g., artists, curators, and other arts professionals or arts patrons); and explain how its members are selected.

In the case of open calls and juried exhibitions, specify procedures and deadlines from the initial stage (application forms or submission of proposals) to the final decision.

  1. Create an educational/public engagement schedule and framework for the exhibition before it opens.

Collect materials that identify the artist, the exhibition, and the larger context and history of the work.

After the curatorial process is completed, provide opportunities for community dialogue to help prepare educational programming around an exhibition. The purpose of such discussions is not to limit curatorial decision-making but to help with outreach and engagement of the community.

Qualitative research from focus groups can help museums to strategize on how they might acknowledge particular sensitivities and engender trust through interpretation, programming, partnerships, and communications.

Identify target audiences: It is important to identify audiences who can provide genuine input and not needlessly empower oppositional groups, who are often not interested in dialogue but rather in stirring controversy to promote their specific agendas.

Workshops: In order to promote respectful discussion, an institution should encourage dialogue, prepare for effective responses to criticism, and provide guidance on issues of presentation such as phrasing of text, staff training, and responding to public queries.

  1. Carry out preliminary public relations.

Create a strong communications plan before there is a problem, especially in cases where there is concern about possible controversy.

When appropriate, launch a media campaign to present your position and offer opportunities for dialogue.

When concerned about a potentially difficult project, find supporters among your funders and form coalitions with other arts organizations or community groups. This strategy builds trust, understanding, and more fruitful alliances.

  1. Make use of signage/educational programming.

Written warnings or disclaimers should be informational and not prejudicial.

Produce a variety of educational materials.

  1. Plan communications between the curator, the educators, and the board.

The curator and the museum director work with the board to inform them about upcoming shows and prepare them to answer questions about an exhibition.

Plan conversations and collaborations between curators and educators, from the earliest stages of what might be deemed potentially difficult projects, to develop opportunities for constructive civic engagement.

  1. Review the institution’s crisis plan and consult with your legal counsel.

Procedures for Addressing the Press or Complaints from the Public after an Exhibition or Special Program Opens

A statement of support for freedom of speech works best if accompanied by a policy outlining the appropriate response in a situation where an individual or a group complains about the content of work on display. The policy statement should include procedures to help avoid disputes about content and interpretation.

The two core elements in response to a complaint are:

Leave the exhibition exactly as it is while establishing a period for review and discussion.

Establish a learning opportunity by creating possibilities for thoughtful discussion between concerned stakeholders.

Handling Complaints from the Community

Ensure the work stays on display until the controversy has been reviewed.

Alert the director/those in executive positions, including the PR department and general counsel, of the complaints and any context surrounding them. Complaints should be brought to the attention of the director or staff member responsible for managing such issues.

Notify the artist(s) and funders and prepare them for possible press attention. In some cases it may be better to recommend that the concerned artists do not take press calls.

Evaluate the complaint(s): Who is complaining? What are their credentials? Is the complaint sincere criticism or an act of political opportunism by a group leveraging controversy to serve other goals?

If you do not have one, create a crisis plan. Appoint a “crisis manager” along with an ad hoc team that is best equipped to deal with the situation.

Prepare and disseminate talking points/questions and answers.

Find supporters. Form coalitions with other arts organizations and activate networks. Contact existing arts and free speech groups.

Provide a copy of the exhibition selection procedure or similar document to the complainant.

Develop an official complaint form. If the complainant is not satisfied after discussing the details of the exhibition and artist’s intent, have the complainant formally lodge his/her complaint in writing.

Schedule additional programming to provide a platform for diverse opinions.

Consider contacting legislators or other public officials, if appropriate.

Working with the Press and Media

Establish one spokesperson to discuss the institution’s programming priorities with the public and the media. Ensure that all board members defer to the spokesperson and otherwise refrain from all comments in all public places or circumstances.

Focus on the museum’s mission, rather than the details. Contextualize an exhibition within the museum’s exhibition history. Avoid an approach that empowers the opposition and allows him/her to frame the discussion.

Use the dynamics of the media to your advantage and be aware of the difference between the cultural press and hard news, as well as who is writing/producing the story, what section of a paper/type of broadcast it will appear in, and who is editing it.

Involve the board and key staff in refining the communication plan (developed in the preparatory stage).

Use a straightforward, neutral approach.

Consider seeking the assistance of a PR or crisis management firm.

Downloadable PDF:

https://ncac.org/resource/museum-best-practices-for-managing-controversy

Remember, similar strategies have existed for years in libraries where book complaints are constantly being reviewed and where intellectual freedom is fiercely protected. Consider consulting the American Library Association for similar management responses.

Ex-Muslims banned from Houston Hilton Starbucks for Atheist shirts

On Saturday, September 1st, 2018, Ex-Muslims of North America (EXMNA) volunteers were forcibly expelled from a Starbucks within a Hilton hotel in Houston, Texas, after refusing to change out of T-Shirts stating “God Love is Greatest” and “I’m an Ex-Muslim, Ask Me Why”.

The EXMNA volunteers were taking a coffee break at the Starbucks after a day of handing out flyers and speaking with and interviewing attendees at the Islamic Society of North America (ISNA)’s annual conference. Without warning, they were informed by staff that they must leave the establishment.

“I was surprised. I was simply drinking my iced coffee and scrolling through my phone, and they told me I needed to leave, so I asked why”, says Lina an ex-Muslim Syrian woman who had traveled to the conference on behalf of EXMNA. “I was told that they are not allowing protestors at the property, I assured the woman that I was not a protestor. She then asked me if I was part of the event or a guest at the hotel. I was neither. I was then told that even though I was a paying customer, I was not allowed to be on the premise as it was reserved for guests and event members for the weekend and that they will not be allowing anyone else on their private property. However, I noticed the Starbucks was still open to the public and I didn’t see anyone else being asked to leave.”

Upon additional inquiry after leaving the premises, the hotel employees stated on video that the EXMNA group was not welcome due to their T-shirts, and repeatedly claimed the group was “protesting”, a charge which all volunteers explicitly denied multiple times.

“This appears to be a case of discrimination,” says President of Ex-Muslims of North America, Muhammad Syed. “We were asked to leave the premises and informed that we could only enter the premises if we removed the shirts, none of which stated anything inflammatory. The treatment was unjust and especially cruel considering the plight of ex-Muslims. We are killed and abused all over the world for our disbelief. It is unconscionable that companies like Starbucks and Hilton acquiesce to conservative religious sensibilities”.

As of 2018, over a dozen Muslim-majority countries prescribe the death penalty for Muslims who leave the faith. Muslim leaders from across the world, including most recently, Pakistan, have called for international cooperation in penalizing content considered blasphemous in Islam.

“I don’t expect much of the media to cover what happened here. Previously, we have faced discrimination at the hands of employees at other companies due to our apostasy, and the coverage was minimal,”continues Muhammad Syed. In 2016, Wegmans refused to bake Ex-Muslims of North America an anniversary cake, allegedly due to the offense the cake design was causing the bakery’s Muslim employees. The design of the cake rejected as “offensive” by the bakery contained only the statement “Congrats on 3 years” alongside the organization’s name and logo.

“The gay wedding cake issue was gaining a lot of coverage back then, so one would have assumed that our discrimination would be very relevant,” continued Muhammad Syed, “but sadly, people are divided by politics instead of sticking to their principals. Freedom of religion and from religion are non-partisan issues we should all be fighting for. Most ex-Muslims are progressive or broadly on the Left, so it is especially discouraging to see the lack of solidarity from progressives.”

Armin Navabi, an Irani atheist activist, was in Houston on behalf of EXMNA. “Our goal was to see how tolerant Muslims can be, to our delight, we found many Muslims were tolerant”, he stated. “On the other hand, we found that many Westerners were intolerant. It seems that “saviors” of Muslims are more sensitive about anything that could potentially offend Muslims than Muslims are themselves.”

Hazar, another Syrian ex-Muslim who was in Houston for ISNA, states “I expected negative pushback of our presence by ISNA itself but in fact, most Muslims we talked to were welcoming. And so I certainly didn’t expect to be discriminated against on American soil by the Hilton staff for refusing to be closeted about my ex-Muslim identity. It was important for me to represent ex Muslims at ISNA because we are some of the lucky few that are able to do so with minimal consequences in comparison to those of us who aren’t privileged enough to live in a democratic society. And yet today, the treatment we received by the staff at the Hilton felt just as dehumanizing.”

 

It’s not about Alex Jones: National Coalition Against Censorship Weighs In

Simultaneous removals of the alt-right media personality from online platforms raise questions about content regulation, censorship and who chooses what we can see.
This week, Facebook, YouTube, Apple and Spotify removed posts, videos and podcasts from Alex Jones and his platform, Infowars. Many, across the political spectrum, breathed sighs of relief.

The removals shine a harsh light on the challenges tech companies face in applying their own content regulations.

Online platforms have been grappling for years with how to manage speech they–and many of their users–dislike. The New York Timeshas a good primer on how various platforms have approached regulating users’ content.

As private companies, these firms are free to take down whatever they want. They also serve as the largest global forums for the exchange of ideas–and presumably want to stay that way. But their guidelines surrounding offensive content remain vague, subjective and confusing. What happens when the gatekeepers dislike speech you agree with? Who decides what is offensive enough to ban? Who draws the line? Do you really trust them to do it well?

As Nadine Strossen writes, “Entrusting these powerful private-sector companies to decide what we can see, hear and discuss online is, simply put, a very bad idea.”

Where do we go from here?
Before we enthusiastically outsource control of the online public sphere to Big Tech, we need to consider the implications. There are other ways to confront the toxic conspiracy theories Infowars peddles in. We stand with our allies working in internet freedom, journalism and government transparency to defend free expression. As we deal with toxic online speech, we must remain true to our commitment to First Amendment principles.

Our democracy demands that we protect free expression. 

 

What do you think?

We need your stories of internet censorship, thoughts on current methods of content regulation and what solutions you’d like to see.
WE WANT TO HEAR FROM YOU!

Statement On Anti-BDS Legislation & Universities from American Assoc of University Professors (AAUP)

Photo: A pro-Palestinian BDS protest in Paris, France August 13, 2015 AFP

Background on the BDS/Anti-BDS Movement

Israel Publishes BDS Blacklist; BDS Explained

Today the AAUP’s Committee A on Academic Freedom and Tenure released the following statement calling on public universities to stop requiring speakers and others to pledge that they do not now, nor will they in the future, endorse a specific a specific political movement known as boycott, divestment, and sanctions (BDS) with regard to Israel

According to the National Coalition Against Censorship, at least seventeen states have passed legislation imposing punitive measures against supporters of boycott, divestment, and sanctions (BDS) with regard to Israel. As a result, some public universities in those states have begun to require that external speakers invited to campus and others who contract with these universities, such as external reviewers of tenure and promotion materials, sign a statement pledging that they do not now, nor will they in the future, endorse BDS.

The American Association of University Professors does not endorse BDS. We take no position on the Israeli-Palestinian conflict nor on calls for divestment or economic sanctions. But we oppose all academic boycotts, including an academic boycott of Israel, on the grounds that such boycotts violate the principles of academic freedom and the free exchange of ideas for which our organization has stood for over one- hundred years. We believe that academic freedom ought not to be subordinated to political exigency; there will always be compelling political causes that will challenge the ideal of free and open scholarly exchange.

It is precisely for this reason that our opposition to BDS is matched as resolutely by our opposition to these pledges, which are nothing short of an attempt to limit freedom of speech and belief. Indeed, they conjure the specter of loyalty and disclaimer oaths, mainstays of McCarthyism. The right of individuals to engage in political boycotts, and to come together collectively to support a boycott, has a long and storied history in American civil protests. At colleges and universities especially, where reasoned disagreement and debate should be the order of the day, demands that faculty and students forswear support for a peaceful protest are repugnant.

At a time when there is widespread interest in making sure that speakers on all points of the political spectrum are able to make themselves heard on American campuses, the contradiction in seeking to ban advocates of this particular position is obvious and unacceptable. We therefore call on all institutions of higher education in the United States to challenge the required renunciation of BDS and uphold freedom of speech and belief for all members of the academic community.

Additionally, AAUP’s Committee A on Academic Freedom and Tenure sent a letter to the Israeli government in regard to the interrogation, subsequent expulsion, and apparent banning from Israel of Columbia Law School Professor Katherine Franke over her supporter of the “Boycott, Divestment, and Sanctions” (BDS) movement in April. The letter urges the government of Israel to “reconsider your immigration officer’s decision and to revoke any further ban on Professor Franke’s entry for purposes of collaborative academic and scholarly work in Israel.”

The letter to the Israeli government can be downloaded here.

Publication Date:

Wednesday, August 8, 2018

Cornel West & Alan Dershowitz Debate BDS Movement’s Call for Boycott Against Israel

 

About this Poem Published in The Nation: Was the Response Proper or was it Censorship to Appease the Mob?

Illustration courtesy National Coalition Against Censorship

The Poet:

Anders Carlson-Wee is the author of The Low Passions (W.W. Norton, 2019). His work has appeared in BuzzFeed, The Nation, Tin House, Kenyon Review, Ploughshares, Poetry Daily, The Sun, and The Best American Nonrequired Reading. His debut chapbook, Dynamite, won the Frost Place Chapbook Prize. He has received fellowships from the National Endowment for the Arts, the McKnight Foundation, Bread Loaf, and the Sewanee Writers’ Conference. He is codirector of the award-winning poetry film Riding the Highline and winner of Ninth Letter’s Poetry Award, Blue Mesa Review’s Poetry Prize, New Delta Review’s Editors’ Choice Prize, and the 2017 Poetry International Prize. He holds an MFA from Vanderbilt University and lives in Minneapolis. http://www.anderscarlsonwee.com 

The Poem:

How-To

If you got hiv, say aids. If you a girl,

say you’re pregnant––nobody gonna lower

themselves to listen for the kick. People

passing fast. Splay your legs, cock a knee

funny. It’s the littlest shames they’re likely

to comprehend. Don’t say homeless, they know

you is. What they don’t know is what opens

a wallet, what stops em from counting

what they drop. If you’re young say younger.

Old say older. If you’re crippled don’t

flaunt it. Let em think they’re good enough

Christians to notice. Don’t say you pray,

say you sin. It’s about who they believe

they is. You hardly even there.

 

–Anders Carlson-Wee

The Mob:

A white, able, straight, cis-male poet appropriates personas that are off limits to him. His poem makes people feel sad, frustrated and angry. Wee is an ableist, misogynist, racist, ageist and white privileged, all around bad person who co-opts the experiences of marginalized people because his life is so uninteresting.

The Nation’s Apology:

Editor’s note: On July 24, 2018, The Nation and its poetry editors, Stephanie Burt and Carmen Giménez Smith, made this statement about the poem …, which contains disparaging and ableist language that has given offense and caused harm to members of several communities.

As poetry editors, we hold ourselves responsible for the ways in which the work we select is received. We made a serious mistake by choosing to publish the poem “How-To.”  We are sorry for the pain we have caused to the many communities affected by this poem. We recognize that we must now earn your trust back.  Some of our readers have asked what we were thinking. When we read the poem we took it as a profane, over-the-top attack on the ways in which members of many groups are asked, or required, to perform the work of marginalization. We can no longer read the poem in that way.

We are currently revising our process for solicited and unsolicited submissions. But more importantly, we are listening, and we are working. We are grateful for the insightful critiques we have heard, but we know that the onus of change is on us, and we take that responsibility seriously. In the end, this decision means that we need to step back and look at not only our editing process, but at ourselves as editors.

* * *

The Poet’s Apology:

“To all who have voiced questions and concerns about my poem in The Nation: I am listening closely and I am reflecting deeply. I am sorry for the pain I have caused, and I take responsibility for that. I intended for this poem to address the invisibility of homelessness, and clearly it doesn’t work. Treading anywhere close to blackface is horrifying to me and I am profoundly regretful. The fact that I did not foresee this reading of the poem and the harm it could cause is humbling and eye-opening. I am beginning a process of talking to people and reevaluating what it means to make art in this world from a place of privilege, and the responsibility and accountability that comes with it. As someone suggested, I will be donating my publication honorarium to Downtown Congregations to End Homelessness. I am grateful to all of you for voicing your thoughts and feelings and I will be thinking hard about this for a long, long time. I continue to listen.”

________

First of all, many just dismissed the poem as bad writing, probably due to their personal offense. In reality, the poem is written in the voice of a streetwise homeless person, giving savvy advice on how to manipulate passersby into handing out a good amount of cash, playing off sympathies, amplifying misfortunes to capitalize on them—how to make these misfortunes work in their favor. It’s a con—a survival tip—a smart way to squeeze the maximum out of unsuspecting strangers.

(Interestingly, Wee and his brother made an award-winning documentary short during which they hopped freight trains, so the likelihood that he did have some lived experience or exposure to homelessness was likely not a valid criticism, but that’s not a prerequisite for a writer to slip into a role.)

So… should The Nation and Wee have issued these groveling apologies in what amounts to –to my mind— little more than censorship?

No, no, and hell no!

How could this have been handled without censoring the author or bending to the mob?

The National Coalition Against Censorship has a magnificent publication called “Museum Best Practices for Managing Controversy.” The document is written as a how-to manual for addressing concerns in the visual arts when a work is deemed offensive and garners public complaints.

This guide could easily be reapplied to any situation to thoughtfully and fairly address any complaint lodged against an artist, writer, publisher—you name it.

Of particular interest:

The two core elements in response to a complaint are:

Leave the exhibition exactly as it is while establishing a period for review and discussion.

Establish a learning opportunity by creating possibilities for thoughtful discussion between concerned stakeholders.

Evaluate the complaint(s): Who is complaining? What are their credentials? Is the complaint sincere criticism or an act of political opportunism by a group leveraging controversy to serve other goals?

Here are the best practices in full:

 

Preamble

The Museum Best Practices for Managing Controversy is designed to provide museums and other cultural institutions of any size or scope with guidelines that can help manage controversial content and transform controversy into a learning moment about the nature of diverse opinions and an institution’s ability to address them. This non-binding document of best practices offers guidance to an institution concerned about or confronted with accusations of inappropriate, objectionable, or offensive content. Institutions caught in the frantic environment of controversy can refer to this set of strategies designed to calm the waters, open space for conversation and learning, and prevent or defuse a potentially volatile situation through deliberate steps to create meaningful dialogue.

When these guidelines are regularly used by cultural institutions and referenced as a recommended resource by their respective professional associations, the body of practice across the field becomes stronger and more consistent, building credibility and a positive image of all organizations. The simple ingredient of a nationally recognized protocol creating time and space to open dialogue may prevent an over-cautious, self-punishing reaction by institutions caught up in controversy. It may also encourage the institution to address sensitive issues of civic engagement and help fulfil the museum’s mission as a forum for the exploration of diverse ideas.

Introduction

The guidelines reflect an in-depth analysis of various historical and current sources, among them governance documents produced by arts and culture organizations as well as academic institutions, and statements by individual representatives of exhibiting institutions. The guidelines consist of two components: a free-speech statement that may be adopted in its entirety and a best practices template that may support exhibiting institutions, museums, performance spaces, art schools and others when they draft their own procedures, specific to their particular needs.

There are three strategies museums can use to resist pressure and assure their curatorial autonomy:

  1. Public Statement Affirming Commitment to Artistic and Intellectual Freedom of Speech (“Freedom of Speech Commitment”);
  2. Preparation in Advance of Upcoming Programs and Potential Controversy, through agreement on clear curatorial procedures, feedback mechanisms, and educational plans;
  3. Procedures for Addressing the Press or Complaints from the Public after an Exhibition or Special Program Opens.

Taken together, the Free Speech Commitment and the procedures to anticipate and respond to controversy will help to:

  • Equip an institution with the tools to respond to criticism of controversial content;
  • Improve relationships with the public;
  • Support the right of audience members to access a wide variety of work;
  • Safeguard the exhibiting institution against self-censorship;
  • Introduce transparency;
  • Ensure institutional support of curatorial decision-making; and
  • Provide board member orientation.

The promotion and use of these strategies by national organizations and leading institutions will help validate them as the best practices in the field, and will help create communities of support when controversy arises in a specific institution.

Freedom of Speech Commitment

Each institution is encouraged to draft a Freedom of Speech Commitment statement.

Sample / suggested template:

Freedom of speech is the foundation of our communities and our nation. The works this institution exhibits may awe, illuminate, challenge, unsettle, confound, provoke, and, at times, offend. We defend the freedom to create content and exhibit such work anywhere in the world, and we recognize the privilege of living in a country where creating, exhibiting, and experiencing such work is a constitutional right.

To exhibit a work of art is not to endorse the work or the vision, ideas, and opinions of the artist. It is to uphold the right of all to experience diverse visions and views. If and when controversies arise from the exhibition of a work of art, we welcome public discussion and debate with the belief that such discussion is integral to the experience of the art. Consistent with our fundamental commitment to freedom of speech, however, we will not censor exhibitions in response to political or ideological pressure.

Preparation in Advance of Upcoming Programs and Potential Controversy

  1. Specify clear curatorial selection procedures. Such procedures help institutions respond to complaints.

Document internal curatorial selection criteria.

Specify who is responsible for selection (gallery director, curatorial department, faculty members, peer panel); specify composition of the panel (e.g., artists, curators, and other arts professionals or arts patrons); and explain how its members are selected.

In the case of open calls and juried exhibitions, specify procedures and deadlines from the initial stage (application forms or submission of proposals) to the final decision.

  1. Create an educational/public engagement schedule and framework for the exhibition before it opens.

Collect materials that identify the artist, the exhibition, and the larger context and history of the work.

After the curatorial process is completed, provide opportunities for community dialogue to help prepare educational programming around an exhibition. The purpose of such discussions is not to limit curatorial decision-making but to help with outreach and engagement of the community.

Qualitative research from focus groups can help museums to strategize on how they might acknowledge particular sensitivities and engender trust through interpretation, programming, partnerships, and communications.

Identify target audiences: It is important to identify audiences who can provide genuine input and not needlessly empower oppositional groups, who are often not interested in dialogue but rather in stirring controversy to promote their specific agendas.

Workshops: In order to promote respectful discussion, an institution should encourage dialogue, prepare for effective responses to criticism, and provide guidance on issues of presentation such as phrasing of text, staff training, and responding to public queries.

  1. Carry out preliminary public relations.

Create a strong communications plan before there is a problem, especially in cases where there is concern about possible controversy.

When appropriate, launch a media campaign to present your position and offer opportunities for dialogue.

When concerned about a potentially difficult project, find supporters among your funders and form coalitions with other arts organizations or community groups. This strategy builds trust, understanding, and more fruitful alliances.

  1. Make use of signage/educational programming.

Written warnings or disclaimers should be informational and not prejudicial.

Produce a variety of educational materials.

  1. Plan communications between the curator, the educators, and the board.

The curator and the museum director work with the board to inform them about upcoming shows and prepare them to answer questions about an exhibition.

Plan conversations and collaborations between curators and educators, from the earliest stages of what might be deemed potentially difficult projects, to develop opportunities for constructive civic engagement.

  1. Review the institution’s crisis plan and consult with your legal counsel.

Procedures for Addressing the Press or Complaints from the Public after an Exhibition or Special Program Opens

A statement of support for freedom of speech works best if accompanied by a policy outlining the appropriate response in a situation where an individual or a group complains about the content of work on display. The policy statement should include procedures to help avoid disputes about content and interpretation.

The two core elements in response to a complaint are:

Leave the exhibition exactly as it is while establishing a period for review and discussion.

Establish a learning opportunity by creating possibilities for thoughtful discussion between concerned stakeholders.

Handling Complaints from the Community

Ensure the work stays on display until the controversy has been reviewed.

Alert the director/those in executive positions, including the PR department and general counsel, of the complaints and any context surrounding them. Complaints should be brought to the attention of the director or staff member responsible for managing such issues.

Notify the artist(s) and funders and prepare them for possible press attention. In some cases it may be better to recommend that the concerned artists do not take press calls.

Evaluate the complaint(s): Who is complaining? What are their credentials? Is the complaint sincere criticism or an act of political opportunism by a group leveraging controversy to serve other goals?

If you do not have one, create a crisis plan. Appoint a “crisis manager” along with an ad hoc team that is best equipped to deal with the situation.

Prepare and disseminate talking points/questions and answers.

Find supporters. Form coalitions with other arts organizations and activate networks. Contact existing arts and free speech groups.

Provide a copy of the exhibition selection procedure or similar document to the complainant.

Develop an official complaint form. If the complainant is not satisfied after discussing the details of the exhibition and artist’s intent, have the complainant formally lodge his/her complaint in writing.

Schedule additional programming to provide a platform for diverse opinions.

Consider contacting legislators or other public officials, if appropriate.

Working with the Press and Media

Establish one spokesperson to discuss the institution’s programming priorities with the public and the media. Ensure that all board members defer to the spokesperson and otherwise refrain from all comments in all public places or circumstances.

Focus on the museum’s mission, rather than the details. Contextualize an exhibition within the museum’s exhibition history. Avoid an approach that empowers the opposition and allows him/her to frame the discussion.

Use the dynamics of the media to your advantage and be aware of the difference between the cultural press and hard news, as well as who is writing/producing the story, what section of a paper/type of broadcast it will appear in, and who is editing it.

Involve the board and key staff in refining the communication plan (developed in the preparatory stage).

Use a straightforward, neutral approach.

Consider seeking the assistance of a PR or crisis management firm.

Downloadable PDF:

https://ncac.org/resource/museum-best-practices-for-managing-controversy

Remember, similar strategies have existed for years in libraries where book complaints are constantly being reviewed and where intellectual freedom is fiercely protected. Consider consulting the American Library Association for similar management responses.

Net Neutrality Action Plan: ACLU Quick Link to Contact Representative Here

Message from the ACLU:

The Senate just voted to protect net neutrality and reverse the FCC’s decision to cede control of the internet to Big Telecom. This is a truly stunning victory – and one that was only possible because we fought together. Since the FCC voted to dismantle net neutrality in December, hundreds of thousands of activists like you signed the petition, sent messages to their senators, and kept those Senate phones ringing off the hook.

Even a Senate whose leadership is in the pocket of Big Telecom was no match for us. You never gave up, and that made us victorious today.

 

Next step for net neutrality: win the House vote

The House will now face the same choice: listen to their constituents or allow a misguided, illogical decision to threaten access to content online. With the net neutrality rollback set to happen on June 11, we need the House to act swiftly – which means we need to start targeting them now.

Send a message to your representative demanding that they vote to save net neutrality. The vast majority of people in this country – regardless of political party – support net neutrality. And with the Senate now definitively voting to reverse the FCC’s ruling, the pressure on the House is real.

Ronald Newman

Ronald Newman
ACLU Director of Strategic Initiatives, fighting for the open internet

Spotify Announces Hate Content & Hateful Conduct Public Policy; SPLC, ADL & Others to Consult

We have tens of millions of tracks on Spotify, growing by approximately 20,000 recordings a day. Nothing makes us more excited than discovering and sharing that music. One of the most amazing things about all that music is the range of genres, cultures, experiences, and stories embodied in it. We love that our platform is home to so much diversity because we believe in openness, tolerance, respect, and freedom of expression, and we want to promote those values through music on our platform.

However, we do not tolerate hate content on Spotify – content that expressly and principally promotes, advocates, or incites hatred or violence against a group or individual based on characteristics, including, race, religion, gender identity, sex, ethnicity, nationality, sexual orientation, veteran status, or disability.

Today, we are announcing our policy on Hate Content and Hateful Conduct. You can read the whole policy here, but here are the basics:

When we are alerted to content that violates our policy, we may remove it (in consultation with rights holders) or refrain from promoting or playlisting it on our service. It’s important to us that our values are reflected in all the work that we do, whether it’s distribution, promotion, or content creation.

At the same time, however, it’s important to remember that cultural standards and sensitivities vary widely. There will always be content that is acceptable in some circumstances, but is offensive in others, and we will always look at the entire context.

To help us identify hate content, we have partnered with rights advocacy groups, including The Southern Poverty Law Center, The Anti-Defamation League, Color Of Change, Showing Up for Racial Justice (SURJ), GLAAD, Muslim Advocates, and the International Network Against Cyber Hate. We also built an internal content monitoring tool, Spotify AudioWatch, which identifies content on our platform that has been flagged as hate content on specific international registers. And we listen to our users – if you think something is hate content, please let us know and we will review it carefully against our policy.

We’ve also thought long and hard about how to handle content that is nothate content itself, but is principally made by artists or other creators who have demonstrated hateful conduct personally. We work with and support artists in different ways – we make their music available on Spotify and help connect them to new and existing fans, we program and promote their music, and we collaborate with them to create content. While we don’t believe in censoring content because of an artist’s or creator’s behavior, we want our editorial decisions – what we choose to program – to reflect our values. So, in some circumstances, when an artist or creator does something that is especially harmful or hateful (for example, violence against children and sexual violence), it may affect the ways we work with or support that artist or creator.

This is our first iteration of this new policy. These are complicated issues, and we’re going to continue to revise our Policy on Hate Content and Hateful Conduct. We’ll make some mistakes, we’ll learn from them, and we’ll always listen to you as we work to keep building the Spotify platform.