by James A. Bacon

Five years ago, University of Virginia President Jim Ryan took to the social media platform formerly known as Twitter to comment upon the horrific murder of 11 Jews in the Tree of Life synagogue in Pittsburgh by a white nationalist.

“This kind of hate and violence goes against everything this country should stand for, and for which the University of Virginia will always stand,” he tweeted. “It falls to all of us to do everything we can, not just to keep our community safe but to prevent hate and bigotry from taking root in the first place.”

Someone warned him at the time to be careful, Ryan recalled in remarks to the UVa Board of Visitors Friday. Once he started commenting on news headlines, it would be difficult to stop. There is always something happening around the world. If university presidents comment on one story, they are expected to comment on the next. And if they don’t, people read meaning into the silence.

Maybe it’s time to rethink the practice of making public pronouncements on events of the day, Ryan suggested. Maybe it’s time to consider adopting the Kalven principles, a set of principles articulated by the University of Chicago’s Kalven Committee that urged colleges and universities to maintain institutional neutrality on social and political issues.

Ryan proposed appointing a group, similar to the free speech committee he set up two years ago, to devise a set of principles to guide when and how UVa’s president issues pronouncements on current issues.

Ryan’s interest in the Kalven Principles doesn’t occur in a vacuum. Since Hamas’s terrorist attacks on Israel on Oct. 7, he has been barraged by students, faculty, alumni and other members of the UVa community with calls to take one stand or another. He spoke out initially to criticize the Hamas terror attacks. But as a series of pro-Palestinian events roiled the university, he has declined to comment on the ensuing Israeli incursions into Gaza, the relative rightness or wrongness of the Palestinian and Israeli causes, the morality of the Students for Justice in Palestine (SJP) “Palestine will be free from the river to the sea” rhetoric, the overt pro-Palestinian sympathies of many UVa professors, or the expressions of hatred against Jewish students by fellow students. His most notable response has been to create a Task Force on Religious Diversity and Belonging to address concerns of both Jews and Muslims at UVa.

No one pays a political price for speaking out against white nationalists like the murderer of the Tree of Life congregants. The political calculus in university campuses changes, however, if leftist groups are the subjects of criticism. At elite institutions like UVa, leftists have largely gotten a pass from university presidents — until Oct. 7. The presidents of Harvard, MIT and the University of Pennsylvania came under intense criticism for their tone-deaf comments before Congress last week. Liz Magill, the who served as provost of UVa before becoming president of UPenn, was forced to resign.

Ryan’s remarks Friday echoed the language of the Kalven Report, which was composed during the tumultuous era of Civil Rights and Vietnam War protests: “The instrument of dissent and criticism is the individual faculty member or the individual student. The university is the home and sponsor of critics; it is not itself the critic. It is, to go back once again to the classic phrase, a community of scholars.”

During his tenure as UVa president since 2018, Ryan said, he has tried to limit his pronouncements to events that are “truly shocking” — the Tree of Life shooting, the George Floyd killing, the Hamas terror attacks. But sometimes saying nothing seems “like a choice” and a statement in itself. A related issue is whether the university president can speak out as an individual without speaking for the university. “I don’t think that works,” he said, but he would welcome a set of guiding principles.

Board members were supportive of the idea of appointing a committee to articulate those principles.

Bert Ellis opened up the conversation. “I’m all in favor of institutional neutrality,” he said. Institutional neutrality is a necessity for debate to occur, he explained.

“An ad hoc response [to events] doesn’t seem the right way for us to go,” said Rachel Sheridan. “Not everyone cares about we think about every topic.”

“Don’t jump out in front [of an issue] too much,” counseled Paul Manning. “See the temperature before jumping in.”

Former Rector Jim Murray said Ryan’s statement on the events of Oct. 7 were justified because it “spoke about fundamental human values.”

“I think we should go out of the way to avoid making any statement that’s overtly political,” said Doug Wetmore. “In general, we should be reluctant to step out on controversial political topics.”

But, as Sheridan noted, “the devil is in the details.”

Vice Rector Carlos Brown brought up some of those details. Students are going to react to world events he said. What rights do they have to express themselves when demonstrating on university property? What rights do they have to use the UVa logo? If a student group speaks out in a way that violates university values, does the president have an obligation to say something?

Rector Hardie elaborated upon the point. UVa needs to think through policies about the use of the university logo, digital communications, and the use of university space. “Where do you draw the line?”

 As the conversation progressed, it drifted increasingly into free-speech issues.

“We have a robust set of policies to protect free speech in the pre-digital era,” said Provost Ian Baucom. But social media has changed the dynamics of free speech. “We don’t have a policy” on speech in the digital domain. “We don’t have a clear policy on the use of our logo at events.” Is there a distinction to be made between an event sponsored by UVa as an institution and an event that takes place at UVa?

“I don’t think we should allow anything that feels menacing or threatening” to members of the university community, Wetmore said. From what he hears from students, many say they are afraid. “It is reasonable for us, as an institution, to say, ‘we don’t do that around here.’”

Ryan closed out the discussion by saying he is looking right now for a set of principles, not a set of detailed prescriptions. “Let’s start with the question, should we be saying?”

James A. Bacon is executive director of The Jefferson Council. This column is reposted with permission from the Jefferson Council blog.


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27 responses to “Kalven Principles for UVa?”

  1. Eric the half a troll Avatar
    Eric the half a troll

    “No one pays a political price for speaking out against white nationalists like the murderer of the Tree of Life congregants. The political calculus in university campuses changes, however, if leftist groups are the subjects of criticism”

    First, as you noted Ryan did not hesitate to speak out against the Hamas atrocities. Second, no “leftist groups” he might speak out against now have murdered anybody. Isn’t that even remotely significant to you? You should stop conflating these issues. When it comes to murder, I don’t think the calculus is difficult at all and I doubt Ryan does either.

    1. No “leftist groups” [Ryan] might speak out against now have murdered anybody.

      But leftist groups at UVa have praised the Oct. 7 attacks that killed more than 1,200 Israelis, called for the extinction of the Israeli state with all of its attendant consequences, and endorsed terrorist tactics to that end by endorsing the goal of destroying Israel “by any means necessary.”

      1. While they are sentiments I disagree with, those expressions are clearly protected speech. So are the many statements supporting Israeli crimes against humanity in recent BR posts and elsewhere.

        It is that protection of profoundly different sentiments that makes speech free.

        Our founders bequeathed us a truly wonderful system guaranteeing free expression for all. It is precisely in times of high emotion and strongly differing beliefs it is in the most danger and that we have the greatest obligation to sustain it.

      2. Eric the half a troll Avatar
        Eric the half a troll

        And, again, you see no difference between the exercise of 1st amendment rights by students (even the misstated version you provided) and murder…? Again, you should stop conflating the two.

      3. Words, after all, are violence

  2. Bob X from Texas Avatar
    Bob X from Texas

    The National Socialist Workers Party was left wing and people that support it’s policy are also left wing. They were only slightly to the right of Leninist Stalin’s Communist party.

  3. With its public funding UVa is clearly obligated to vigorously support the 1st Amendment. Exercising discretion when expressing opinions on political/current events by people like Ryan is also obviously prudent. Making a distinction between speech at UVa versus by UVa is also clearly warranted. It seems Ryan and the Board of Visitors are addressing the right issues.

    Defining the dividing line between protected speech and prohibited speech needs to be very carefully considered. Suppressing speech we do not like today, and I do not like some of what is coming off our campuses, is a slippery slope. Once the precedent is established we could easily be on the short end next time.

    There are prominent dangers to free speech as exemplified by the assault by Stefanik in Congress last week that has resulted in the removal of Penn’s president.

    Here is a conservative post on the issue of free speech and universities:

    https://www.washingtontimes.com/news/2023/dec/9/republicans-and-lack-of-free-speech/

  4. Nancy Naive Avatar
    Nancy Naive

    You can tell a lot about a man by how he answers a simple question, “What does the 19th Amendment do?” Not what it says, what it does.

    Go ahead, take a crack at it, but you might not like what you discover.

  5. It seems those who have shown distain for free speech, are now championing it, at least with respect to students right to support the slaughter of Jews.

    If anything goes with respect to speech, up to what is criminally prosecutable, fine. But the same rules should apply to everyone. And if that’s the standard for speech, fire all the DEI staffers. Open support for Hamas and what happened on October 7 certainly doesn’t create an inclusive atmosphere for Jews.

    1. NN–if you are going to alter someone else’s statement to say the opposite, do not show it as a direct quotation or it will be deleted. Take credit for your own falsehoods.

      1. Eric the half a troll Avatar
        Eric the half a troll

        I did not get a chance to read the censored comment but remember there are two reasons to use quotes. One is to directly quote someone verbatim, but they are also often used to convey sarcasm and satire about what is being quoted. Perhaps it would be better to suggest NN use a parenthetic (“air quotes”) when using them in this manner going forward – if that is what happened here. Imo, using quotes this second way is not justification for removal.

    2. Eric the half a troll Avatar
      Eric the half a troll

      “It seems those who have shown distain for free speech, are now championing it…”

      And those who have once championed it now hold it in disdain….

      1. In the hearings, President Gay actually said, with a straight face, that “we embrace a commitment to free expression even of views that are objectionable, offensive, hateful.” This is the president whose university mandates all students attend a Title IX training session where they are told that “fatphobia” and “cisheterosexism” are forms of “violence,” and that “using the wrong pronouns” constitutes “abuse.” This is the same president who engineered the ouster of a law professor, Ronald Sullivan, simply because he represented a client, of whom Gay and students (rightly but irrelevantly) disapproved, Harvey Weinstein.

        This is the same president who watched a brilliant and popular professor, Carole Hooven, be effectively hounded out of her position after a public shaming campaign by one of her department’s DEI enforcers, and a mob of teaching fellows, because Hooven dared to state on television that biological sex is binary. This is the president of a university where a grand total of 1.46 percent of faculty call themselves “conservative” and 82 percent call themselves “liberal” or “very liberal.” This is the president of a university which ranked 248th out of 248 colleges this year on free speech (and Penn was the 247th), according to the Foundation for Individual Rights and Expression. Harvard is a place where free expression goes to die.

        https://andrewsullivan.substack.com/p/the-day-the-empress-clothes-fell-ffa

        1. Eric the half a troll Avatar
          Eric the half a troll

          Again, this sort of thing bothers some here greatly until they disagree with the free speech.

          1. “Again, this sort of thing bothers some here greatly until they disagree with the free speech.”

            Could the same be said for you? Honest question. When I posted examples of students disciplined or expelled for speech, several people agreed with the punishments. I don’t recall if you have done that.

            Can’t say I know exactly where the lines are, or should be. I’m pretty confident you don’t know for sure either, but here’s an article on the topic from Nathan Lewin. I think it’s worth reading in its entirety. (If you can suggest an alternate reading from someone equally qualified, I would welcome seeing that.)

            Nathan Lewin is a Washington, D.C., attorney with a Supreme Court practice who has taught at leading national law schools including Harvard, Columbia, Georgetown and the University of Chicago.

            The presidents claimed in their testimony that anti-Israel and antisemitic “protesters” on their campuses are only exercising their constitutionally protected right to free speech when they call for an “intifada” and chant Hamas’s battle cry “from the river to the sea, Palestine will be free”—both clear calls for violence against Israelis and Jews.

            Harvard’s president Claudine Gay repeatedly declared that her university will act only “when speech crosses into conduct.” She might be surprised to learn that not a single Supreme Court justice agrees with her.

            Indeed, it is unlikely that the three presidents have bothered to read the most recent definition of First Amendment speech guarantees as expressed by all nine Supreme Court Justices, albeit in various opinions. Not one of the justices believes that threats and incitement have blanket constitutional protection and cannot be punished unless they “cross into conduct.”

            https://www.jns.org/explaining-the-first-amendment-to-university-presidents/

          2. Eric the half a troll Avatar
            Eric the half a troll

            “Could the same be said for you? Honest question”

            I don’t think so. I recognize the right to free speech even if I disagree with what is being said (as I do even in these cases). I also firmly believe that exercising one’s right to free speech could lead to open criticism and consequences one is perhaps not too happy with. This reaction is perfectly fine, imo, as long as it is lawful. It gets fuzzy when, for instance, one loses say one’s job for exercising that right but that is what the courts are here for. The government certainly should not take action to punish or suppress that speech no matter how offensive.

            “Can’t say I know exactly where the lines are, or should be. I’m pretty confident you don’t know for sure either…”

            Oh but we do indeed. This question was decided in Brandenburg vs Ohio in which a Jewish lawyer argued successfully for the 1st amendment rights of a klansman. It led to the development of the Brandenburg Test which guides law enforcement and prosecutors to this day.

            “The Court’s decision was unanimous: Ohio’s criminal syndicalism statute, and others like it around the country, was unconstitutional. Advocacy of violence in the abstract is not sufficient grounds for the government to prohibit speech. In order for the First Amendment to be curbed, according to the Brandenburg ruling, advocacy of violence must be “directed to inciting or producing imminent lawless action” and be “likely to incite or produce such action.”

            None of the protests or statements coming out of UVa even approach a failure of that test.

          3. Did you read the linked article? It sure doesn’t look like it.

            Brandenburg vs Ohio was decided in 1969. That’s 4 years prior to Roe v. Wade.

            You do understand that Supreme Court rulings can change over time, correct? I’d be careful about filing a motion based on Roe v. Wade today. Brandenburg vs Ohio also has to be understood in light of more recent rulings.

            Counterman v. Colorado – 2023

            A majority of the Court, speaking through Justice Elena Kagan, said that expressing a threat would be a crime if the speaker uttered it with “reckless disregard” for how it would be understood by a listener. Four justices differed only in part. All the justices agreed that freedom of speech does not protect a speaker who makes a threat with reckless disregard for the listener’s fear of violence.

            The campus protesters in question are obviously guilty of “reckless disregard” for the fears of their Jewish fellow students. Under the most recent Supreme Court rulings, they can be charged with crimes and punished accordingly. That the presidents of Harvard, MIT and Penn are ignorant of this is shocking.

            Holder v. Humanitarian Law Project – 2010

            In 1996, Congress enacted the “Antiterrorism and Effective Death Penalty Act” (18 U.S.C. 2339B), which makes it a criminal offense to provide “material support to foreign terrorist organizations.” Violating this law can be punished with a long prison sentence.

            The Supreme Court, with Chief Justice John Roberts writing for a six-person majority, upheld the law in 2010 and rejected claims that its restriction of “material support” for terrorism violated First Amendment rights of free speech and free association (Holder v. Humanitarian Law Project, 561 U.S. 1 (2010)).

            Advocating for a terrorist organization and supporting its activities, even if they constitute otherwise lawful protest, violates this provision of the Federal Criminal Code. Organized protests supporting Hamas accompanied by costly printed signs, customized uniforms and caps, and Palestinian flags, assuredly qualify as “material support” for Hamas.

            https://www.jns.org/explaining-the-first-amendment-to-university-presidents/

          4. Eric the half a troll Avatar
            Eric the half a troll

            Regarding Counterman v. Colorado, first there has to be an action that would be considered a “true threat” – from the decision: ) “The First Amendment permits restrictions upon the content of speech in a few limited areas. Among these historic and traditional
            categories of unprotected expression is true threats.
            True threats are
            “serious expression[s]” conveying that a speaker means to “commit an
            act of unlawful violence.” Virginia v. Black, 538 U. S. 343, 359.”

            The statements made by UVa do not rise to this level – intention or merely reckless – which is what this case addressed.

            The case you are making is actually more one of incitement. The Counterman decision has this to say in that matter:

            “While this Court’s incitement decisions demand more, the
            reason for that demand—the need to protect from legal sanction the political advocacy a hair’s-breadth away from incitement—is not present here.”

            The UVa student protests and statement are far from a hair’s-breadth away from incitement.

            From the Holder decision:

            “[T]he term ‘material support or resources’ means any property, tangible or intangible, or service, including currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel (1 or more individuals who may be or include oneself), and transportation, except medicine or religious materials.” §2339A(b)(1).”

            The UVa students are not providing any of these. Further, the court limited its decision to just the four types of material support being considered in that case those being: “training,” “expert advice or assistance,” “service,” and “personnel.”

            UVa students are not providing material support at all to Hamas and certainly not any of those 4.

          5. “The case you are making is…”

            I’m not making the case. Nathan Lewin wrote the article. My views should have been clear when I said “Can’t say I know exactly where the lines are, or should be.”

            I replied back with more information from the article because you presented it as clear cut, based on a 1969 decision, with no mention whatsoever of the contents of the article.

            What is clearly not right to me is the idea that conservative students should walk on eggshells to avoid the slightest bit of discomfort to those who may disagree, while Palestinian/Hamas supporters voice support for October 7 mass murder, intifada, “from the river to the sea,” “any means necessary,” etc.

  6. Students at UVA want Nazis condemned, but seem to be just fine with their thoughts on Jews. That’s interesting.

    Parallels between Nazi and Islamist Anti-Semitism
    (some highlights)

    The first half of the 20th century witnessed the emergence of two distinct strains of especially virulent hatred for Jews, the “scientific,” pseudo-Darwinian racism of Adolf Hitler and the Nazis, and the theological anti-Semitism of the nascent Islamic revival, represented by such groups as the Muslim Brotherhood. These two groups had much in common ideologically and made natural allies during the Second World War.1 There is one especially striking and important belief that they had in common and that deserves attention because of its relevance to current events in the Middle East, namely, the view of global Jewry as an enemy conspiring to subjugate and ultimately destroy non-Jews.

    A brief description of Nazi Jew-hatred in the first section will prepare the ground for comparison with Jew-hatred in both Sunni and Shiite strains of Islamism in the second one. This article will demonstrate that both Nazism and Islamism posit a Jewish enemy with genocidal intentions vis-à-vis non-Jews and meriting a genocidal response in return.

    The Muslim Brotherhood: Hamas

    The worldview of Hajj Amin al-Husseini and Sayyid Qutb lives on, for it is the worldview of the Muslim Brotherhood and its Palestinian branch, which adopted the name of Hamas in 1987-88.48 As German political scientist Matthias Küntzel has pointed out, Hamas is the true ideological heir to Hajj Amin al-Husseini in the Palestinian community.

    Here we find a virtual carbon copy of Hitler’s paranoid conviction that a Jewish conspiracy aimed to destroy the German people, transposed into an Islamic context with the aim now being the annihilation of Islam. Like the Mufti before it, Hamas concludes from the gravity of the threat to Islam that no peace with the Zionist/Jewish enemy is possible. Article 13 of the Hamas Covenant states: “There is no solution to the Palestinian problem except by jihad. Initiatives, proposals, and international conferences are a waste of time and a farce.

    https://jcpa.org/article/parallels-between-nazi-and-islamist-anti-semitism/

    1. This same journal article examines the assertion that Hamas opposes Zionism but not Jews. This is clearly a lie.

      In May 2017, Hamas released “A Document of General Principles and Policies” in which it made the following statement: “Hamas affirms that its conflict is with the Zionist project not with the Jews because of their religion. Hamas does not wage a struggle against the Jews because they are Jewish but wages a struggle against the Zionists who occupy Palestine.”56 There are at least six reasons for not taking this claim seriously.

      First, anti-Semitism is central to Hamas propaganda, as documented copiously below, and Hamas has not renounced or ceased producing such propaganda. For example, in April 2017, just as Hamas was about to release its May 2017 “Document,” Hamas member of the Palestinian legislature Marwan Abu Ras gave a Friday sermon at a mosque in the Gaza Strip in which he said, “History attests that in every era, the Jews were the most abhorred of people. Throughout history, the most hated race was the Jewish race…. Why did [Hitler] hate the Jews? Because they are a people of treachery and betrayal…. Therefore, we can never accept the Jews….”57 Bear in mind that the speaker was a Hamas elected official and that sermons at Gaza Strip mosques are strictly monitored and controlled by Hamas and staffed by Hamas appointees.

      Remaining points may be found at the link below.

      https://jcpa.org/article/parallels-between-nazi-and-islamist-anti-semitism/

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