Judge delivers a victory for 'the right to tell people what they do not want to hear'

“‘It was a bright cold day in April, and the clocks were striking thirteen.’”

That’s how federal judge Mark Walker began his 2022 injunction blocking enforcement of Ron DeSantis’ “Stop Woke Act” in Florida institutions of higher education.

In case you don’t recognize the quotation, it’s from George Orwell’s “1984:” You know, the novel where the Ministry of Truth rewrites history and forbids free enquiry.

Certain words are banned; wrong thinking is punished. Even hearing about disfavored ideas is considered an attack on decency and order.

As defendant in the case, the State of Florida argued (apparently with a straight face) university professors have the right to free speech, sure, but only if the state approves of that speech.

The law forbade teaching anything that explores racial or gender injustice.

You weren’t allowed to say, given how we still struggle to overcome discrimination against minorities, women, and the disabled, that maybe diversity, equity and inclusion programs helped a lot of people; you must embrace color-blindness in all things (because we all know race doesn’t matter in America!); yet, woe betide you if you ever made a white person feel “guilt, anguish, or other forms of psychological distress because of actions, in which the person played no part, committed in the past by other members of the same race, color, national origin, or sex.”

Like many of us teaching in the state university system, the judge was unimpressed.

DeSantis and the legal team from his Ministry of Truth appealed up the food chain to the 11th Circuit, and what do you know?

They lost again.

‘Breathtaking assertion of power’

The majority opinion, by a Trump appointee, is unsparing.

Judge Britt C. Grant wrote, “If the First Amendment offers any boundary of protection at all for public university classrooms, this statute crosses it.”

She called the Stop Woke law “a breathtaking assertion of power to ban unpopular ideas from public discourse.”

Naturally, the governor pitched a little hissy fit, taking to social media to say, “State universities are funded by taxpayers and directed by elected officials and their appointees. The state has both a right and a responsibility to ensure instruction at these universities is consistent with the underlying mission and to exclude indoctrination and ideological agendas.”

He called the decision “judicial overreach.”

Let’s talk about gubernatorial overreach. Or, to put it another way, what is this guy’s problem with education?

Is he really that frightened of ideas?

If he and his education appointees are so convinced their positions — slavery had an upside, gender is 100% biological, capitalism is divinely ordained, a woman’s highest destiny is to be a mother, vaccines are unnecessary, climate change isn’t real — are valid, surely they’d welcome testing them with historical records, expert reports, and empirical evidence.

Facts, even.

Reading books by and about, say, gay people, teaching the history of Stonewall, or examining central Supreme Court decisions such as Obergefell v. Hodges, do not mean straight people will somehow become gay, any more than studying Shakespeare’s “Julius Caesar” will necessarily inspire you to assassinate any official you think has gotten too big for his britches.

Gender studies will not destroy heterosexuality; it’s simply a way to talk about the ways people understand who they are, how they present themselves, how other people see them.

Snowflakes

Universities are supposed to be where you encounter people who aren’t like you, unfamiliar, maybe upsetting, points of view, tricky topics, and ideas your parents don’t approve of.

Intellectual freedom means we should be able to discuss almost anything.

Yet the DeSantis administration act like snowflakes, hypersensitive, unwilling to contemplate anything outside their very white, very Christian, pathetically nationalist, bubble.

DeSantis is especially nervous America’s racial history, trying to outlaw “The 1619 Project,” a brilliant collection of writings about how the arrival of the first slaves on the Virginia shore has informed and shaped our country, shutting down or crippling African American Studies programs.

I guess white people are so used to considering themselves the “real” Americans who had all the good ideas, invented all the good stuff, and “built this country,” the reality that Africa is as central to our identity as Europe is scary.

The governor and his crew seem especially freaked out by the possibility students might encounter Critical Race Theory. Listening to them, you’d think CRT is to blame for everything from high gas prices to the common cold.

CRT is pretty simple: Race is socially constructed (not biological) and racism is not merely a product of individual bias (though that’s part of it) but embedded in our legal, educational, medical, and financial systems.

Say a white person and a Black person commit the same crime. It would make sense if they got the same sentence, right?

But in most cases the Black person will get a longer sentence.

‘The perfect villain’

The Kaiser Family Foundation, a nonpartisan health policy think tank, has repeatedly shown structural racism (conscious or not) in the medical profession means doctors and nurses misdiagnose Black, Latino, and members of other ethnic communities far more often than they do whites, and, unlike with white patients, tend to dismiss their pain.

Infant mortality among people of color is at least twice as high than it is for whites.

There’s nothing sinister or anti-American in acknowledging, as Justice Thurgood Marshall said, the original Constitution was “defective from the start,” given that it upheld slaveholders’ rights in their human property and protected the slave trade.

Slavery was at the heart of our republic since its beginning.

It still reverberates in our culture.

There’s nothing anti-white in pointing this out. The Founders installed in the Constitution ways to amend it, fix social problems, even change American society.

The country is an ongoing project: We’re still striving for that “more perfect union,” and acknowledging the blindingly obvious ways in which our deals don’t match up with our reality is not a heinous assault on patriotism.

CRT was developed by legal scholars, and has long been part of law school curricula. Nobody much noticed it until 2021, when a right-wing activist called Christopher Rufo kicked off a national moral panic.

You might remember Rufo from the 2024 presidential campaign, amplifying J.D. Vance’s lies about Haitians in Ohio eating cats and dogs.

Before that, Rufo had made a name for himself as a warrior against anything he saw as “woke,” especially in higher education.

DeSantis appointed Rufo to New College’s Board of Trustees (he’s since left) to help destroy what once was an admired, creative, and tolerant liberal arts school, labeling any teaching he didn’t like “Critical Race Theory.”

CRT, he said, is “the perfect villain.”

Army of lefties

Having tried to banish CRT along with sociology, the unpleasant parts of American history, the novels of Toni Morrison, and any science that might reveal things are more complicated than they’d like, DeSantis, the various mediocrities running Florida’s Department of Education, and fellow travelers such as Moms for Liberty, have convinced themselves universities are hotbeds of “Marxist indoctrination.”

Apparently, professors — especially in the Humanities and Social Sciences — are not merely “woke,” we’re a bunch of commies, determined to brainwash the Youth of Florida into hollering “Workers of the World Unite!” — assured they have nothing to lose but their chains.

Or something like that.

Alas, all my colleagues and I must be really lousy at indoctrination. I don’t know anybody who’s been successful in producing even one committed Marxist.

But DeSantis et al. are convinced higher education is a plot to produce an army of lefties.

Not that they can produce much evidence of this.

They’re more ideologically rigid than the most committed Trotskyite, and less logical than the American officer who, standing in the ruins of a Vietnamese provincial capital in 1968, told reporter Peter Arnett, “It became necessary to destroy the town to save it.”

Maybe the administration’s idea is to destroy higher ed in order to save it.

Hypotheticals

No doubt DeSantis took some comfort from the dissent in the 11th Circuit’s ruling.

Judge Barbara Lagoa, a former member of the Florida Supreme Court, (indeed, a DeSantis appointee and often mentioned as a potential U.S. Supreme Court justice), argues, what if “a professor who says that Hamas’s October 7th attack on Israel was ‘exhilarating’ and something to be celebrated and encouraged?”

She goes on to say, “Florida acts well within its authority to curb professorial endorsements of that kind within its own classrooms.”

First of all, if someone were stupid enough to say such a thing, that professor could be disciplined for creating a hostile educational environment.

But taking a hypothetical case of poor judgment and concluding somehow professorial speech must always be equivalent to the views of the state violates the First Amendment.

The First Amendment protects offensive speech — even hate speech.

In George Orwell’s essay “Freedom of the Press,” he writes, “If liberty means anything at all it means the right to tell people what they do not want to hear.”

Or to quote again from the majority opinion, the university’s mission is to get students to “puzzle through ideas that are good and bad, easy and hard, ideally getting ever closer to the truth.”

Professors call this “teaching.”