• harassment for free speech?

    From RichD@21:1/5 to All on Tue Dec 12 22:09:20 2023
    I don't understand the authority or rationalization for Congress to harass
    the college bigwigs for an issue of free expression.

    If the arab/nazi students are demonstrating over the Israel war, and
    spewing antisemitic bile, that's first amendment stuff. The schools
    have to permit this, what else can they do? As long as no personal
    threats are made.

    The Congress is a legislative body. Their purview is limited to their constitutional duty. There's no rationale to haul anyone in for
    confessional sessions, to demand that the schools suppress
    unpopular views. What law have they violated?

    What if the university bureaucrats simply refused to comply, for
    these reasons?

    --
    Rich

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to All on Wed Dec 13 14:24:56 2023
    "RichD" wrote in message news:[email protected]...

    I don't understand the authority or rationalization for Congress to harass >the college bigwigs for an issue of free expression.

    If the arab/nazi students are demonstrating over the Israel war, and
    spewing antisemitic bile, that's first amendment stuff. The schools
    have to permit this, what else can they do? As long as no personal
    threats are made.

    The Congress is a legislative body. Their purview is limited to their >constitutional duty. There's no rationale to haul anyone in for
    confessional sessions, to demand that the schools suppress
    unpopular views. What law have they violated?

    What if the university bureaucrats simply refused to comply, for
    these reasons?

    --
    Rich

    Any school that receives federal funding is fair game to be called in to testify about their policies. In this case, the schools were asked why
    speech calling for violence against Jews did not fall under their
    anti-bullying policies. All three presidents spectacularly fumbled their responses and one has now resigned.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From John Levine@21:1/5 to All on Wed Dec 13 14:25:48 2023
    According to RichD <[email protected]>:
    I don't understand the authority or rationalization for Congress to harass >the college bigwigs for an issue of free expression.

    If the arab/nazi students are demonstrating over the Israel war, and
    spewing antisemitic bile, that's first amendment stuff. The schools
    have to permit this, what else can they do? As long as no personal
    threats are made.

    The three schools in question are all private, so the First Amendment
    does not apply. Many people have pointed out that if the events were
    at Bunker Hill Community College, a short subway ride from Harvard or
    MIT, the 1st would indeed apply since it's a state school.

    In case it wasn't obvious, the execrable Ms. Stefanik was cynically
    setting them up for a gotcha sound bite and they walked right into it.
    While their answers were correct, sheesh, for a bunch of people
    with fancy graduate degrees they sure did a terrible job of telling
    their stories.

    --
    Regards,
    John Levine, [email protected], Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From micky@21:1/5 to [email protected] on Wed Dec 13 23:35:08 2023
    In misc.legal.moderated, on Tue, 12 Dec 2023 22:09:20 -0800 (PST), RichD <[email protected]> wrote:

    I don't understand the authority or rationalization for Congress to harass >the college bigwigs for an issue of free expression.

    I was asking myself that too, but the news reminded me about what I had forgotten, that in return for federal money, colleges are bound to ...
    and I don't know the terminology here, but it includes what the
    committee is investigating.

    If the arab/nazi students are demonstrating over the Israel war, and
    spewing antisemitic bile, that's first amendment stuff. The schools
    have to permit this, what else can they do? As long as no personal
    threats are made.

    The Congress is a legislative body. Their purview is limited to their constitutional duty.

    All of this is covered by the need to do investigation in order to write
    the proper laws. Your point is raised occasionally wrt many topics,
    since 19early, especially when somone's own ox is being gored, but I
    don't think it ever succeeds

    In this case I suppose they would say they are trying to decide if the
    strings they put on colleges are correct or if the sanctions possible
    are correct, and if any should be amended.

    There's no rationale to haul anyone in for
    confessional sessions, to demand that the schools suppress
    unpopular views. What law have they violated?

    What if the university bureaucrats simply refused to comply, for
    these reasons?

    Some or all of their own boards of directors, faculty, students, donors
    would not like that. Plus contempt of Congress.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to All on Wed Dec 13 23:34:17 2023
    "John Levine" wrote in message news:uld7gv$2dck$[email protected]...

    According to RichD <[email protected]>:
    I don't understand the authority or rationalization for Congress to harass >the college bigwigs for an issue of free expression.

    If the arab/nazi students are demonstrating over the Israel war, and
    spewing antisemitic bile, that's first amendment stuff. The schools
    have to permit this, what else can they do? As long as no personal
    threats are made.

    < The three schools in question are all private, so the First Amendment
    < does not apply. Many people have pointed out that if the events were
    < at Bunker Hill Community College, a short subway ride from Harvard or
    < MIT, the 1st would indeed apply since it's a state school.
    <
    < In case it wasn't obvious, the execrable Ms. Stefanik was cynically
    < setting them up for a gotcha sound bite and they walked right into it.
    < While their answers were correct, sheesh, for a bunch of people
    < with fancy graduate degrees they sure did a terrible job of telling
    < their stories.
    <
    < --
    < Regards,
    < John Levine, [email protected], Primary Perpetrator of "The Internet for Dummies",
    < Please consider the environment before reading this e-mail. https://jl.ly


    Even some private schools receive federal grants and other funding, which is why they all agreed to testify.

    https://wpde.com/news/nation-world/elite-universities-collected-45-billion-in-taxpayer-funds-since-2018-watchdog-says-ivy-league-dartmouth-harvard-stanford-northwestern-academia

    And the issue wasn't simply whether free speech rules apply, but whether the schools were administering their anti-bullying polices consistently.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From micky@21:1/5 to Levine" on Fri Dec 15 09:14:38 2023
    In misc.legal.moderated, on Wed, 13 Dec 2023 14:25:48 -0800 (PST), "John Levine" <[email protected]> wrote:

    According to RichD <[email protected]>:
    I don't understand the authority or rationalization for Congress to harass >>the college bigwigs for an issue of free expression.

    If the arab/nazi students are demonstrating over the Israel war, and >>spewing antisemitic bile, that's first amendment stuff. The schools
    have to permit this, what else can they do? As long as no personal
    threats are made.

    The three schools in question are all private, so the First Amendment
    does not apply. Many people have pointed out that if the events were
    at Bunker Hill Community College, a short subway ride from Harvard or
    MIT, the 1st would indeed apply since it's a state school.

    In case it wasn't obvious, the execrable Ms. Stefanik was cynically
    setting them up for a gotcha sound bite and they walked right into it.
    While their answers were correct,

    I don't think their answers were correct. They spoke as if they were
    the defense attorneys for people calling for genocide, and did not utter
    a syllable of their school's or their own personal condemnation of such
    things.

    They applied the same standard a US judge would apply but the standards
    of a university can be stricter. In fact from what I hear, they had
    been stricter in the fairly recent past when other groups were attacked verbally, but now when it's Jews who feel in actual danger, they chose
    this time to emphasize free speech. Can you say double standard?

    The congressional testimony fallowed months of complaints by Jews and
    and inaction by the colleges.

    Especially McGill, who is a lawyer and on the law faculty, didn't
    remember what her role was now and answered like a lawyer and not like a representative of her school.

    sheesh, for a bunch of people
    with fancy graduate degrees they sure did a terrible job of telling
    their stories.

    True.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to micky on Fri Dec 15 14:09:11 2023
    "micky" wrote in message news:[email protected]...

    In misc.legal.moderated, on Wed, 13 Dec 2023 14:25:48 -0800 (PST), "John >Levine" <[email protected]> wrote:

    According to RichD <[email protected]>:
    I don't understand the authority or rationalization for Congress to >>>harass
    the college bigwigs for an issue of free expression.

    If the arab/nazi students are demonstrating over the Israel war, and >>>spewing antisemitic bile, that's first amendment stuff. The schools
    have to permit this, what else can they do? As long as no personal >>>threats are made.

    The three schools in question are all private, so the First Amendment
    does not apply. Many people have pointed out that if the events were
    at Bunker Hill Community College, a short subway ride from Harvard or
    MIT, the 1st would indeed apply since it's a state school.

    In case it wasn't obvious, the execrable Ms. Stefanik was cynically
    setting them up for a gotcha sound bite and they walked right into it. >>While their answers were correct,

    I don't think their answers were correct. They spoke as if they were
    the defense attorneys for people calling for genocide, and did not utter
    a syllable of their school's or their own personal condemnation of such >things.

    They applied the same standard a US judge would apply but the standards
    of a university can be stricter. In fact from what I hear, they had
    been stricter in the fairly recent past when other groups were attacked >verbally, but now when it's Jews who feel in actual danger, they chose
    this time to emphasize free speech. Can you say double standard?

    The congressional testimony fallowed months of complaints by Jews and
    and inaction by the colleges.

    Especially McGill, who is a lawyer and on the law faculty, didn't
    remember what her role was now and answered like a lawyer and not like a >representative of her school.



    It's not just that McGill is a lawyer, but that all three were probably over-prepared by lawyers. When going before Congress and, effectively, the American public, they would have been a lot better served if they'd been prepared by PR people. I think when you are questioned by politicians in a public forum, you have to effectively think and speak like a politician.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Mikey@21:1/5 to RichD on Mon Dec 18 22:41:21 2023
    On 2023-12-13, RichD <[email protected]> wrote:
    I don't understand the authority or rationalization for Congress to harass the college bigwigs for an issue of free expression.

    Asking people questions in a Congressional hearing is not
    harassment. These are all private colleges and they can regulate speech
    and all activities on their private property.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to Mikey on Tue Dec 19 12:18:55 2023
    "Mikey" wrote in message news:[email protected]...

    On 2023-12-13, RichD <[email protected]> wrote:
    I don't understand the authority or rationalization for Congress to
    harass
    the college bigwigs for an issue of free expression.

    Asking people questions in a Congressional hearing is not
    harassment. These are all private colleges and they can regulate speech
    and all activities on their private property.


    Absolutely true - but because they receive some federal funding, Congress
    does have a legitimate right to question them about their practices.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From micky@21:1/5 to Rick on Tue Dec 19 21:57:51 2023
    In misc.legal.moderated, on Tue, 19 Dec 2023 12:18:55 -0800 (PST),
    "Rick" <[email protected]> wrote:

    "Mikey" wrote in message news:[email protected]...

    On 2023-12-13, RichD <[email protected]> wrote:
    I don't understand the authority or rationalization for Congress to
    harass
    the college bigwigs for an issue of free expression.

    Asking people questions in a Congressional hearing is not
    harassment. These are all private colleges and they can regulate speech
    and all activities on their private property.


    Absolutely true - but because they receive some federal funding, Congress >does have a legitimate right to question them about their practices.

    I've noticed in Usenet that even when people are agreeing with the
    poster they are responding to, they often sound like they are
    disagreeing.

    Here is a partial example. Partial only because of the first 2
    agreeable words, but the third word is 'but'. A more logical word here
    would be 'and', but I think people on Usenet are in the mood to argue.

    Changing and to but, just a one word change, seems like the most common
    way people appear to show disagreement even when they are agreeing.

    Perhaps it's the combative nature of Usenet, or the times.

    I wonder if courtrooms show the same thing.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From RichD@21:1/5 to Mikey on Tue Dec 19 21:55:41 2023
    On December 18, Mikey wrote:
    I don't understand the authority or rationalization for Congress to harass >> the college bigwigs for an issue of free expression.

    Asking people questions in a Congressional hearing is not
    harassment.

    Hauling them into a Congressional hearing for questioning
    without cause is harassment.

    These are all private colleges and they can regulate speech
    and all activities on their private property.

    Right, and that's the point. No cause.

    Though as mentioned elsewhere, they sold their birthright long
    ago for tax loot - MIT gets $400 million per terrestrial orbit - so
    have to grovel.

    "Crouch down and lick the hands which feed you. May your chains
    set lightly upon you, and may posterity forget that ye were our countrymen.” - Sam Adams

    --
    Rich

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From RichD@21:1/5 to micky on Tue Dec 19 21:56:23 2023
    On December 15, micky wrote:
    I don't understand the authority or rationalization for Congress to harass >>> the college bigwigs for an issue of free expression.
    If the arab/nazi students are demonstrating over the Israel war, and
    spewing antisemitic bile, that's first amendment stuff. The schools
    have to permit this, what else can they do?

    In case it wasn't obvious, the execrable Ms. Stefanik was cynically
    setting them up for a gotcha sound bite and they walked right into it.

    They applied the same standard a US judge would apply but the standards
    of a university can be stricter. In fact from what I hear, they had
    been stricter in the fairly recent past when other groups were attacked verbally, but now when it's Jews who feel in actual danger, they chose
    this time to emphasize free speech. Can you say double standard?

    "Ms. Prez, how would Harvard handle a case of Euro-American students
    calling for the roundup of Afro-Americans, and shipping them back to Africa,
    in the name of justice, to right a historical wrong?"
    "We would absolutely forbid that. We consider feelings first, much higher
    than facts or opinions, thus we cannot allow anyone to be offended.
    Persons of color, above all. The college experience should be a time of security and self-esteem, not disruption."

    "In Huckleberry Finn, widely considered a classic of literature, 'nigger' appears on every page... nigger nigger nigger, much like today's rap
    music. Does the English Dept. include that on its recommended reading list?" "Of course we deplore that. In case it's studied, we present it in historical racist context, as further proof that Columbus' landing in Cuba was the
    worst disaster that that ever hit Mother Earth. For students suffering
    acute ethnosensitivity, we offer printed editions where 'Afro-American' replaces that obscenity everywhere."

    "And what if a mob were calling for genocide of jews?"
    "At Harvard, we do not suppress free expression of ideas, especially
    if those ideas represent strong sincere feelings. Any censorship
    would stunt the intellectual and emotional growth of the children."

    --
    Rich

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to All on Wed Dec 20 09:24:04 2023
    "RichD" wrote in message news:[email protected]...

    On December 15, micky wrote:
    I don't understand the authority or rationalization for Congress to
    harass
    the college bigwigs for an issue of free expression.
    If the arab/nazi students are demonstrating over the Israel war, and
    spewing antisemitic bile, that's first amendment stuff. The schools
    have to permit this, what else can they do?

    In case it wasn't obvious, the execrable Ms. Stefanik was cynically
    setting them up for a gotcha sound bite and they walked right into it.

    They applied the same standard a US judge would apply but the standards
    of a university can be stricter. In fact from what I hear, they had
    been stricter in the fairly recent past when other groups were attacked
    verbally, but now when it's Jews who feel in actual danger, they chose
    this time to emphasize free speech. Can you say double standard?

    "Ms. Prez, how would Harvard handle a case of Euro-American students
    calling for the roundup of Afro-Americans, and shipping them back to
    Africa,
    in the name of justice, to right a historical wrong?"
    "We would absolutely forbid that. We consider feelings first, much higher >than facts or opinions, thus we cannot allow anyone to be offended.
    Persons of color, above all. The college experience should be a time of >security and self-esteem, not disruption."

    "In Huckleberry Finn, widely considered a classic of literature, 'nigger' >appears on every page... nigger nigger nigger, much like today's rap
    music. Does the English Dept. include that on its recommended reading
    list?"
    "Of course we deplore that. In case it's studied, we present it in >historical
    racist context, as further proof that Columbus' landing in Cuba was the
    worst disaster that that ever hit Mother Earth. For students suffering
    acute ethnosensitivity, we offer printed editions where 'Afro-American' >replaces that obscenity everywhere."

    "And what if a mob were calling for genocide of jews?"
    "At Harvard, we do not suppress free expression of ideas, especially
    if those ideas represent strong sincere feelings. Any censorship
    would stunt the intellectual and emotional growth of the children."

    --
    Rich


    It's also kind of funny when educational officials advocate complete free expression of ideas and feelings - even if they involve the most radical political views and revolutionary thoughts - but not if they involves thing likes fat-shaming or improper use of pronouns.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to micky on Wed Dec 20 09:24:28 2023
    "micky" wrote in message news:[email protected]...

    In misc.legal.moderated, on Tue, 19 Dec 2023 12:18:55 -0800 (PST),
    "Rick" <[email protected]> wrote:

    "Mikey" wrote in message news:[email protected]...

    On 2023-12-13, RichD <[email protected]> wrote:
    I don't understand the authority or rationalization for Congress to
    harass
    the college bigwigs for an issue of free expression.

    Asking people questions in a Congressional hearing is not
    harassment. These are all private colleges and they can regulate speech >>>and all activities on their private property.


    Absolutely true - but because they receive some federal funding, Congress >>does have a legitimate right to question them about their practices.

    I've noticed in Usenet that even when people are agreeing with the
    poster they are responding to, they often sound like they are
    disagreeing.

    Here is a partial example. Partial only because of the first 2
    agreeable words, but the third word is 'but'. A more logical word here >would be 'and', but I think people on Usenet are in the mood to argue.

    Changing and to but, just a one word change, seems like the most common
    way people appear to show disagreement even when they are agreeing.

    Perhaps it's the combative nature of Usenet, or the times.

    I wonder if courtrooms show the same thing.


    I disagree that in this case a more logical word would be "and". In this case, the "Absolutely true" indicates I agree with the point that these are private schools and can regulate speech as they wish on private property.
    The "but" is a signal that I am adding an additional point - namely that the schools receive some federal funding - which gives Congress the right to question them about it. Had I used "and" in place of "but" it would have implied that the second part of the post was just a continuation of the
    first and in this case it wasn't.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to Rick on Wed Dec 20 17:03:42 2023
    "Rick" wrote in message news:ulv3vr$kcu0$[email protected]...

    "micky" wrote in message
    news:[email protected]...

    In misc.legal.moderated, on Tue, 19 Dec 2023 12:18:55 -0800 (PST),
    "Rick" <[email protected]> wrote:

    "Mikey" wrote in message news:[email protected]...

    On 2023-12-13, RichD <[email protected]> wrote:
    I don't understand the authority or rationalization for Congress to
    harass
    the college bigwigs for an issue of free expression.

    Asking people questions in a Congressional hearing is not
    harassment. These are all private colleges and they can regulate speech >>>>and all activities on their private property.


    Absolutely true - but because they receive some federal funding, Congress >>>does have a legitimate right to question them about their practices.

    I've noticed in Usenet that even when people are agreeing with the
    poster they are responding to, they often sound like they are
    disagreeing.

    Here is a partial example. Partial only because of the first 2
    agreeable words, but the third word is 'but'. A more logical word here >>would be 'and', but I think people on Usenet are in the mood to argue.

    Changing and to but, just a one word change, seems like the most common
    way people appear to show disagreement even when they are agreeing.

    Perhaps it's the combative nature of Usenet, or the times.

    I wonder if courtrooms show the same thing.


    I disagree that in this case a more logical word would be "and". In this >case, the "Absolutely true" indicates I agree with the point that these are >private schools and can regulate speech as they wish on private property.
    The "but" is a signal that I am adding an additional point - namely that
    the schools receive some federal funding - which gives Congress the right
    to question them about it. Had I used "and" in place of "but" it would
    have implied that the second part of the post was just a continuation of
    the first and in this case it wasn't.

    --
    I should have added that my response above probably supports the notion that Usenet is inherently combative.

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From RichD@21:1/5 to All on Wed Dec 20 17:06:19 2023
    On December 15,  micky wrote:
    I don't think their answers were correct. They spoke as if they were
    the defense attorneys for people calling for genocide,
    The congressional testimony fallowed months of complaints by Jews and
    and inaction by the colleges.

    Sam Goldman faces a mob at Harvard calling for jewish blood.  He feels threatened, he recalls similar nazi mobs in Germany (jews are haunted by that), he's thin skinned about death threats.  He pulls a bat and cracks a few skulls.

    This being Massachusetts, not Texas, he's arrested.  He naturally claims self defense.  How does that go?   Maybe he wins, maybe not, depending on the jury?  Does the judge matter?

    --
    Rich

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to RichD on Tue Dec 26 10:10:44 2023
    On 12/19/2023 9:55 PM, RichD wrote:
    On December 18, Mikey wrote:
    I don't understand the authority or rationalization for Congress to harass >>> the college bigwigs for an issue of free expression.
    Asking people questions in a Congressional hearing is not
    harassment.
    Hauling them into a Congressional hearing for questioning
    without cause is harassment.

    It is not "without cause". These universities (which receive significant amounts of federal funds) forbid the use of words like "n----r" or the
    use of the wrong pronoun when dealing with a trans student, but
    apparently have no problem with "k-ke" or with groups of students
    calling for mass murder of Jews.

    Even if they weren't accepting federal money, Congress would have the
    right to summon them and ask them questions. They could refuse to
    answer, of course. "Mr. Senator, I respectfully refuse to answer on the
    grounds that it might incriminate me." Or just "Fifth Amendment, Mr.
    Senator" (Or Ms. Senator)

    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Stan Brown@21:1/5 to Barry Gold on Wed Dec 27 13:22:20 2023
    On Tue, 26 Dec 2023 10:10:44 -0800 (PST), Barry Gold wrote:
    It is not "without cause". These universities (which receive significant amounts of federal funds) forbid the use of words like "n----r" or the
    use of the wrong pronoun when dealing with a trans student, but
    apparently have no problem with "k-ke" or with groups of students
    calling for mass murder of Jews.

    Even if they weren't accepting federal money, Congress would have the
    right to summon them and ask them questions. They could refuse to
    answer, of course. "Mr. Senator, I respectfully refuse to answer on the grounds that it might incriminate me." Or just "Fifth Amendment, Mr.
    Senator" (Or Ms. Senator)

    What would the Fifth Amendment have to do with anything? The
    protection against self-incrimination applies to criminal
    proceedings. What crime could those university presidents possibly
    have been indicted for? As far as I'm aware, poor judgment is not a
    crime -- if it were, the jails would be bulging.

    If the universities weren't accepting Federal money, they wouldn't
    need to take the Fifth because Congress would have had no grounds to investigate them; they would have refused through their lawyers to
    answer any questions based on lack of jurisdiction. But since they
    were accepting the money, the Fifth Amendment couldn't help them
    because they weren't accused of a crime and, I think, couldn't be.

    --
    Stan Brown, Tehachapi, California, USA https://BrownMath.com/
    Shikata ga nai...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to Stan Brown on Wed Dec 27 15:13:01 2023
    On 12/27/2023 1:22 PM, Stan Brown wrote:
    What would the Fifth Amendment have to do with anything? The
    protection against self-incrimination applies to criminal
    proceedings. What crime could those university presidents possibly
    have been indicted for? As far as I'm aware, poor judgment is not a
    crime -- if it were, the jails would be bulging.

    *Anybody* can take the Fifth Amendment. They don't need to try to figure
    out what crime they could have been indicted for. That's a job for the
    lawyers. It's the same situation as when the cops show up at your door
    (or stop you on the road) and start asking questions. If you're smart,
    you won't answer, just "take the fifth".

    *Everybody* has the right not to answer questions asked by a
    representative of the government. THere are a few exceptions: when Tax
    Time comes around you have to fill out your 1040 (or whatever)
    truthfully. But the tax law says that what you say there can't be used
    in any other proceeding.

    In theory, you could write, "cocaine dealer" on Schedule C and
    accurately say how much you paid for your coke and how much you sold it
    for, any other expenses (e.g., mileage driven). I don't know if anybody actually does this -- maybe they figure the info will somehow "leak" to
    the DEA. But that's the legal theory anyway.

    If the universities weren't accepting Federal money, they wouldn't
    need to take the Fifth because Congress would have had no grounds to investigate them; they would have refused through their lawyers to
    answer any questions based on lack of jurisdiction. But since they
    were accepting the money, the Fifth Amendment couldn't help them
    because they weren't accused of a crime and, I think, couldn't be.

    Congress has the power to investigate anything they think necessary or advisable. You never know what might result in a new law, or narrowing
    an existing law, or a change in the tax code or the labor law or
    whatever. "Should we be spending money sending rockets to land on
    meteors or comets? Let's call a couple of experts and find out. And
    unlike someone called as an expert witness in court, Congress doesn't
    even have to pay them. (Maybe they get something for travel expenses, I
    haven't investigated.)

    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Jethro_uk@21:1/5 to Barry Gold on Thu Dec 28 08:25:31 2023
    On Wed, 27 Dec 2023 15:13:01 -0800, Barry Gold wrote:

    And unlike someone called as an expert witness in court, Congress
    doesn't even have to pay them.

    Why is that not slavery ?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to All on Thu Dec 28 10:06:23 2023
    On 12/28/2023 8:25 AM, Jethro_uk wrote:
    On Wed, 27 Dec 2023 15:13:01 -0800, Barry Gold wrote:

    And unlike someone called as an expert witness in court, Congress
    doesn't even have to pay them.

    Why is that not slavery ?

    For the same reason that being called as a witness in a court trial
    isn't slavery. And that taxation isn't slavery. (If you are a
    libertarian purist, then taxation _is_ slavery, but that's a different
    story.)


    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From RichD@21:1/5 to All on Sat Dec 30 16:12:19 2023
    On December 27,  Barry Gold wrote:
    What would the Fifth Amendment have to do with anything? The
    protection against self-incrimination applies to criminal
    proceedings. What crime could those university presidents possibly
    have been indicted for?

    *Anybody* can take the Fifth Amendment. They don't need to try to figure
    out what crime they could have been indicted for.

    Wrong, in this case.

    Think about it:
    Congress subpoenas a witness.
    Witness appears.
    Questions.
    Silence.
    Committee adjourns.
    Witness goes home.

    Absurd.  The witness will be charged with contempt.  There may be
    borderline cases, where he answers a subset of the questions.

    If he faces criminal jeopardy, he might take the 5th.  In that case, he'll have a lawyer at his side, whispering instructions.

    It's the same situation as when the cops show up at your door
    and start asking questions. If you're smart, you won't answer, just "take the fifth".

    Not at all the same.  Police need probable cause to contact someone.
    The detainee can rightly to refuse to speak, but if the cop has good cause
    for the contact, non-cooperation will motivate him to look harder for
    evidence to arrest.

    A simple example would be trespassing; if you refuse to defend your
    actions, you'll be quickly cuffed.  But not charged with contempt of badge.

    If the universities weren't accepting Federal money, they wouldn't
    need to take the Fifth because Congress would have had no grounds to
    investigate them; they would have refused through their lawyers to
    answer any questions based on lack of jurisdiction.

    Jurisdiction?

    But since they were accepting the money, the Fifth Amendment couldn't help them
    because they weren't accused of a crime

    Congress has the power to investigate anything they think necessary or advisable.

    Agreed.  I don't accept this "they accept federal money" explanation; Congress investigates lots of things, lacking such rationalization.

    So, the original question:  what's the putative reason for banging
    the college bureaucrats?
    "Too much free expression going on, and not the type we approve of!"


    --
    Rich

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Barry Gold@21:1/5 to RichD on Sat Dec 30 20:24:26 2023
    On 12/30/2023 4:12 PM, RichD wrote:
    On December 27,  Barry Gold wrote:
    What would the Fifth Amendment have to do with anything? The
    protection against self-incrimination applies to criminal
    proceedings. What crime could those university presidents possibly
    have been indicted for?
    *Anybody* can take the Fifth Amendment. They don't need to try to figure
    out what crime they could have been indicted for.
    Wrong, in this case.

    Think about it:
    Congress subpoenas a witness.
    Witness appears.
    Questions.
    Silence.
    Committee adjourns.
    Witness goes home.

    Absurd.  The witness will be charged with contempt.  There may be borderline cases, where he answers a subset of the questions.

    If he faces criminal jeopardy, he might take the 5th.  In that case, he'll have a lawyer at his side, whispering instructions.

    There was at least one case this past year. A congressional committee subpoenaed somebody. He showed up.

    A senator asked a question. The witness said, "I respectfully refuse to
    answer on the grounds that it might incriminate me."

    The Senator asked another question. The witness said the same thing.

    After the first few, the witness just said, "Fifth Amendment."

    When the Senator(s) had finished making whatever points he wanted to
    make, the witness was told there were no more questions and left.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From micky@21:1/5 to [email protected] on Sat Feb 24 13:22:10 2024
    In misc.legal.moderated, on Wed, 20 Dec 2023 17:06:19 -0800 (PST), RichD <[email protected]> wrote:

    On December 15, �micky wrote:
    I don't think their answers were correct. They spoke as if they were
    the defense attorneys for people calling for genocide,
    The congressional testimony fallowed months of complaints by Jews and
    and inaction by the colleges.

    Sam Goldman faces a mob at Harvard calling for jewish blood. �He feels >threatened, he recalls similar nazi mobs in Germany (jews are haunted by that),
    he's thin skinned about death threats. �He pulls a bat and cracks a few skulls.

    This is your hypothetical scenario, is it not? Nothing like this
    happened and you should mark it that way. You have nothing in this post
    to indicate it's your imagination. Are you trying to spread a false
    story about a violent Jew?

    I didn't see this post until today.

    This being Massachusetts, not Texas, he's arrested. �He naturally claims self >defense. �How does that go? � Maybe he wins, maybe not, depending on the >jury? �Does the judge matter?

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From micky@21:1/5 to Gold on Sat Feb 24 21:11:35 2024
    In misc.legal.moderated, on Thu, 28 Dec 2023 10:06:23 -0800 (PST), Barry
    Gold <[email protected]> wrote:

    On 12/28/2023 8:25 AM, Jethro_uk wrote:
    On Wed, 27 Dec 2023 15:13:01 -0800, Barry Gold wrote:

    And unlike someone called as an expert witness in court, Congress
    doesn't even have to pay them.

    Why is that not slavery ?

    For the same reason that being called as a witness in a court trial
    isn't slavery. And that taxation isn't slavery. (If you are a

    What about "community service" which is sometimes demanded of public
    school children (and maybe other schools too for all I know)? How is
    that not slavery?


    libertarian purist, then taxation _is_ slavery, but that's a different >story.)

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Rick@21:1/5 to micky on Sun Feb 25 10:10:31 2024
    "micky" wrote in message news:[email protected]...

    In misc.legal.moderated, on Thu, 28 Dec 2023 10:06:23 -0800 (PST), Barry
    Gold <[email protected]> wrote:

    On 12/28/2023 8:25 AM, Jethro_uk wrote:
    On Wed, 27 Dec 2023 15:13:01 -0800, Barry Gold wrote:

    And unlike someone called as an expert witness in court, Congress
    doesn't even have to pay them.

    Why is that not slavery ?

    For the same reason that being called as a witness in a court trial
    isn't slavery. And that taxation isn't slavery. (If you are a

    What about "community service" which is sometimes demanded of public
    school children (and maybe other schools too for all I know)? How is
    that not slavery?



    I'm not sure what the actual legal definition of slavery is, but I don't
    think it extends to children being forced to attend school and participate
    in whatever assignments (including occasional community service) are given
    by teachers. Children are - in a sense - slaves, by virtue of the fact that they are forced by law to live under their parents' control, do what their parents tell them to do (within certain legal limits, of course - e.g.,
    parents can't physically abuse them) and are not legally allowed to live on their own and do what they want. I would think laws that define slavery
    would have an exception defining the inherent lack of freedom that
    accompanies being a minor).

    --

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)