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Eric Rasmusen's avatar

Indeed, "pervasive and severe" is a term of art in discrimination law. But it isn't obvious it's a term of art, so her audience would think she meant the words in their everyday sense.

Chants at rallies are obvious speech, and OK. Your second example is an easy one, because non-compliance with cease-and-desist is contempt of court (or otehrwise criminal) and MIT rules wouldn't even be needed to put the person in jail. The problem comes with things like having a rally at a place MIT says is OK by the rules, and a large group chanting, "All Jews should be dead" and then asking a passerby if he was Jewish. That is a realistic enough threat to be against university rules, tho I don't know if it could get a *criminal conviction* past a jury beyond a reasonable doubt.

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Peter R. McCullough's avatar

Good essay. One place I part company with the author is at, "The only problem with her answers is that she weakened a little at the end and said that possibly this kind of political speech might be investigated if it was 'pervasive and severe.' " Pardon me, but that's the US law. And by your own copy of what she said, she said "would be investigated" not "might be investigated." I expect you know all that and will agree with me, albeit with a sense perhaps that I am nit picking. But if so, then let me give a couple hypothetical examples. A) a chant at a rally, or B) a student knocking on another student's dorm room door each morning and greeting them with a smirk and saying, "river to the sea" even after the student has filed a cease and desist order against that harassment. As the three presidents expressed, context matters, except to performative ninnies like Representative Stefanik. The only thing better than her chastising the presidents would have been her hero George Santos doing so, because he's self-described as Jew---ish. https://www.adirondackdailyenterprise.com/opinion/editorials/2023/12/stefaniks-vote-to-keep-santos-was-a-big-misfire/

The SNL opening last weekend was funny. https://www.youtube.com/watch?v=Ep-OnsDieFQ

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