Author Archives: Peter Levine

free speech and school discipline

The most interesting case discussed at yesterday’s conference involved an assistant principal at a Texas high school. Some of her students had created a MySpace page that ostensibly belonged to her. They made her seem to be a lesbian and attributed various false and inflammatory opinions to her. She was truly horrified by this experience. She felt violated, and she faced tangible consequences (harassing phone calls, comments at work, etc.).

It seems pretty clear that the assistant principal has standing to sue the students in civil court for defamation. I don’t know the legal standards for defamation, nor the whole truth of the case; but civil courts are competent to decide such matters.

The trickier question is whether the school may make a disciplinary case out of such behavior.

On one hand, the students allegedly defamed a member of the school community. Although they probably made the MySpace page from their home computers, the results can be viewed in the school and may affect working conditions and discipline there. Perhaps the school should be allowed to suspend or otherwise punish the students.

On the other hand, the students exercised speech on their own time. For the school (an arm of the state) to punish speech has First Amendment implications, especially since there would be no due process. The alleged victim in the case would be able to decide that the MySpace page aimed at her was defamatory (not mere satire); and her decision could not be appealed.

I felt very sympathetic to the administrator in this case, but I’m inclined to think that public schools should not be able to punish students for acts of expression undertaken off school property. Some expression is unacceptable and even illegal, but that doesn’t mean that it’s schools’ business.

(By the way, I’m not saying that MySpace and other websites are off limits as sources of evidence of student misbehavior. If a kid posts a comment about breaking school rules, administrators are free to use that information. If you don’t want people to read or see something, don’t post it online.)

free speech online

I’m still in Chicago, now for a meeting on Free Speech in Schools (“a McCormick Tribune Foundation Summit on Youth, the First Amendment, and the Information Age”). Because of the schedule for the day, I don’t expect to be able to write a substantive blog post. But the issues that we’ll discuss include the censorship of school newspapers, restrictions on new media such as MySpace, filtering software in school libraries, and students’ support for the First Amendment.

Meanwhile, another Chicago foundation, MacArthur, today announced its big initiative on Digital Media and Learning. One subtopic in that initiative so far has been censorship and free expression online, but MacArthur is also supporting work on civic engagement, gaming, media literacy, credibility, and identity online. The website is worth a visit.

a production of Lear

(Chicago) Last night, I saw King Lear at the Goodman Theater. Stacy Keach was the King, and the director was Robert Falls. It was a “strong” production, in the sense that the director’s choices were bold and potentially controversial. For example, the setting (stunningly produced) was somewhere in post-Soviet Russia or Eastern Europe.* Lear, Cornwall, and Edmund were either gangsters or Putin-like dictators. The “knights” were riot police.

I thought all of the director’s choices were defensible, and some were brilliant. For example, it was a good idea to make Cordelia a quietly rebellious teenager who detests her family’s vulgarity. The actress, Laura Odeh, is small and young-looking and wears plain jeans, whereas her sisters are gangster molls. Her rebelliousness plausibly explains why she refuses to make a speech in praise of her father.

Likewise, the setting reminds us how unjust is Lear’s original regime. He recognizes the injustice himself, once he loses his knights:

…. A man may see how this world goes

with no eyes. Look with thine ears: see how yond

justice rails upon yond simple thief. Hark, in

thine ear: change places; and, handy-dandy, which

is the justice, which is the thief?

I also liked the violent, urban setting. Regan and Cornwall order Gloucester’s castle “shut up” against Lear. The stage directions tell us that the banished men wander on a “heath”–a natural place. Nature is a major motif in the play, always opposed to artifice. Several characters wrestle with whether nature is just or cruel. But the word “heath” is never spoken on stage, so it is a legitimate idea to make that barren place into nighttime streets, populated by the poor, the naked, and the crazy. When Edgar, Gloucester, and Lear are cast out, they become homeless–just like the homeless men in our cities.

Robert Falls’ bold directorial choices remind me of a general point. Any written text dramatically under-describes what is literally going on. It gives us only partial information about setting, clothing, “blocking,” tone of voice, pacing, facial expressions. Even a staged or filmed production must leave much to the imagination and will be seen differently by different people. But the director and cast fill in some missing details.

We might think that their first task is to figure out what is literally going on, so that we can watch and make up our own minds about general themes. But any intepretation of the literal meaning of the text must be informed by a theory of its general meaning. So, for example, Robert Falls knows from the end of the play that Lear will come to see his own kingdom as deeply unjust, arbitrary, and artificial. Therefore, Falls sets Act 1, Scene 1 in a Russian gangster’s club. If Lear’s regime is brutal, then Kent (his most loyal follower) must be a bit of a thug. That is how Stephen Pickering played him last night.

Likewise, toward the end of the play, Regan suspects a sexual relationship between Oswald and her sister Goneril. (“I know you are of her bosom.” “I, madam?” “I speak in understanding; you are; I know’t.”) Therefore, several scenes earlier, Falls introduces Oswald and Goneril in flagrante delicto. That is an extreme case of using gesture and stage position to illustrate a theme.

That scene underlines the play’s pervasive sexuality, which is often overlooked. Regan and Goneril are sexual rivals for wicked Edmund. Falls also thinks that Lear is sexually jealous of his youngest daughter. In this production, the King is not enraged by her first word — “nothing” — but by her explanation:

They love you all? Haply, when I shall wed,

That lord whose hand must take my plight shall carry

Half my love with him, half my care and duty:

Sure, I shall never marry like my sisters,

To love my father all.

Overall, Fall’s production could be described as nihilistic. He chooses, for example, to have Goneril suffocate Regan and then kill herself, joining a heap of bodies on stage. And Albany literally rapes his wife Goneril while he curses her:

Thou changed and self-cover’d thing, for shame,

Be-monster not thy feature. Were’t my fitness

To let these hands obey my blood,

They are apt enough to dislocate and tear

Thy flesh and bones: howe’er thou art a fiend,

A woman’s shape doth shield thee.

I don’t know if those are good choices, but there is no question that Lear is a bleak play. Since it is set in a pagan world, Shakespeare need not assume divine providence or a morally ordered universe. Post-Soviet Russia seems an ideal metaphor for cosmic disorder and cynicism. “As flies to wanton boys, are we to the gods. / They kill us for their sport.”


*Charles Isherwood, the NY Times reviewer, says that the setting is Yugoslavia. That makes sense: a kingdom divided in parts turns to anarchy.

celebrating Campus Compact

(Chicago) I’m here to celebrate the 20th anniversary of Campus Compact, a network of 1,037 colleges and universities. Campus Compact supports and encourages several crucial trends in higher education: a move from “service” to collaboration; a rediscovery of geographical communities; a reflection on colleges’ power as employers, builders, and consumers; and a turn to sophisticated research that requires learning with and from non-academics.

Institutions that embrace such work are recovering their fundamental purposes and missions, which are too often forgotten amid competition to attract the most qualified students and to generate the maximum number of peer-reviewed articles. Those measures of success are essentially pointless; what matters is whether we help our students–and the broader society–to develop through combinations of teaching, service, and research.

In the Campus Compact network, there is now an impressive array of excellent practice. Rigorous research (of which more is needed) is beginning to show the value of service-learning, community-based research, youth-media production, public deliberation, and other forms of engagement. However, such work will not endure or spread unless we can change policies regarding accreditation, tenure, promotion, and funding. Change cannot be accomplished one campus at a time, because institutions are forced to compete with one another. An important role of a network like Campus Compact is to press for reforms that change incentives for many institutions at once.

The value of Campus Compact’s work extends beyond higher education to American democracy as a whole. The formal political system has become highly efficient at manipulating people to obtain outcomes that professionals (consultants, candidates, and lobbyists) have chosen. Sometimes, the professionals’ goals are idealistic. But, as Joe Klein wrote recently, the public “has been sliced and diced by … pollsters, their prejudices and policy priorities cross-tabbed, their favorite words discovered by carefully targeted focus groups.” People know that they are being manipulated, and they resent it.

In contrast, the work that Campus Compact supports is open-ended. Organizers of community-based research or service-learning do not decide what should be done and then motivate, cajole, or manipulate students and community partners into doing it. Instead, they help students and partners make up their own minds about their goals and tactics. This approach reflects the best spirit of liberal education; it builds citizens’ capacities for self-government; and it introduces Americans to a kind of politics that they should also expect from political parties and government agencies.

In several other respects, the work that Campus Compact supports is a powerful alternative to the mainstream of modern American politics.

  • In general, we invest far too little in the civic education (broadly defined) of young people, even though research finds that early civic experiences have lasting effects. But Campus Compact advocates and encourages effective youth civic development.
  • In general, our politics is constrained by the fact that investments can quickly be moved away from communities that decide to impose regulations (or cultural norms) that businesses don’t like. But Campus Compact is a network of 1,000 important economic institutions–colleges and universities–that are rooted in their communities and that increasingly see their own interests as tied to their localities.
  • In general, we treat young people as baskets of problems or potential problems and rely upon surveillance, assessment, diagnosis, discipline, and treatment to stop them from acting in damaging ways. But Campus Compact embodies the alternative approach of “positive youth development,” which recognizes that young people have special assets to contribute to their communities–creativity, energy, idealism, and a fresh outlook. If they are given opportunities to contribute, they develop in healthy ways. While major recent policies (such as the No Child Left Behind Act) have very little to say about providing positive opportunities for youth, Campus Compact and its members take that responsibility on themselves.
  • In general, our politics is state-centered. Liberals want the government to accept new tasks, such as health insurance; whereas conservatives believe that problems would be mitigated if the state were shrunk. Governments are important, but they are not the only institutions that matter. Furthermore, a state-centered view of politics leaves citizens little to do but inform themselves and vote. Campus Compact epitomizes a citizen-centered politics in which people form relationships with peers, deliberate about their common interests, and then use a range of strategies, some having little to do with the state.
  • I do not believe that we should turn our current political system upside-down so that it is completely open-ended, citizen-centered, local, and oriented toward youth development. But the overall balance today is wrong, and Campus Compact is helping to restore it.

    single-payer and democracy

    (On my way to Chicago for Campus Compact’s 20th Anniversary.) On Friday, I heard a good paper by David DeGrazia, who argued for a single-payer health insurance system. Everyone would be insured by the federal government. Healthcare providers would be private companies, but the government would be the only “payer.”

    I generally favor this approach, but I asked a devil’s advocate question–just to provoke discussion–and ended by convincing myself that single-payer would pose serious risks.

    What would the government pay for, and how would it set prices? If it paid too much, it would waste taxpayers’ money. If it paid too little, services would be inadequate. And if it paid for the wrong things, it would waste money and provide bad services.

    The procedural answer is that the government would negotiate with representatives of physicians, nurses, hospitals, and pharmaceutical companies to set prices. In principle, the government would represent us, the people, and would set prices in the public interest. But no government represents “the people” in an unproblematic way. Campaign contributions, professional lobbying efforts, differences in seniority among legislators, gaps in voter participation by class, asymmetries in information, differences between swing districts and safe seats, clashes between local and national interests, incumbents’ advantages, organized interests versus general interests, threats to withdraw capital, human ties between lobbyists and officials, prospects of corporate jobs for former public servants–all these factors distort decisions by democratic governments.

    Thus I can easily imagine that negotiations between Big Government and Big Medicine would produce excessive payments and bad priorities. Huge hospitals would be built in favored congressional districts, but there would be inadequate preventive care for weak political constituencies, such as the urban poor. Health care would be like defense–lavishly funded, but with striking gaps. Just as we have stealth bombers but not enough body-armor, so we’d have sweetheart deals for Eli Lilly and Co but not enough pediatricians in poor neighborhoods.

    This nightmare scenario has not beset Medicare, which is a single-payer system for those over 65. But Medicare sets prices based on market signals. If there were one “payer” for all medicine, there would be no market. Besides, the new Medicare drug benefit is a nightmare.

    Probably single-payer wouldn’t be worse than the status quo. We spend more in taxes on health care than the Germans or the French do, yet we must also buy private insurance; and so many people are left uncovered that our health outcomes are poor. All that is true, yet I can easily imagine single-payer evolving into a giant duopoly (government plus medicine) that worked only for those interests. Any advantages over the status quo would be modest, at best.

    Since “civic engagement” is my hobby-horse, I’m tempted to say that we need single-payer health care along with a more participatory democracy. Higher turnout, more competitive districts, better informed voters, a revived watchdog press, and procedural innovations such as Citizen’s Juries or Deliberative Polls would help. (Citizens would be randomly selected to set priorities after deliberating.) Maybe community groups could build clinics and hospitals that would enter the negotiations representing genuine grassroots interests.

    But civic engagement is quite weak in the United States, and strengthening it is a hard struggle. We democrats can’t “assume” better public participation any more than economists can assume perfect information or efficient markets. Assigning a huge new responsibility to the public sector might stimulate democratic participation. Or it might overwhelm the public’s capacity for self-government, given the civic institutions and habits we have today.