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+1nc – cyberbullying |
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+No anti-cyberbullying laws in the 1AC b/c they are restrictions on free speech – increases cyberbullying |
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+Hayward 13. John O. Hayward, Senior Lecturer in Law at Bentley Universityds, "Anti-Cyberbullying Laws Are a Threat to Free Speech," Netiquette and Online Ethics, Gale: Opposing Viewpoints in Context, 2013, http://ic.galegroup.com/ic/ovic/ViewpointsDetailsPage/DocumentToolsPortletWindow?displayGroupName=Viewpointsandjsid=86b8d9990680ac70437ab043a7b61192andaction=2andcatId=anddocumentId=GALE7CEJ3010868216andu=nysl_we_bcsdandzid=e5792b8229fbb3d88a51bec521a1e8cf//AD |
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+While forty-three states have anti-bullying statutes, only twenty-one prohibit cyber bullying, which usually is defined as "bullying" conducted by electronic means. Additionally, the laws can be grouped into prohibitions that explicitly include off-campus cyber bullying or implicitly include or exclude it. Typical legislative language is "immediately adjacent to school grounds," "directed at another student or students," "at a school activity," or "at school-sponsored activities or at a school-sanctioned event." The statutes also usually contain language prohibiting cyber bullying if it results in one or more of the following: (1) causes "substantial disruption" of the school environment or orderly operation of the school, (2) creates an "intimidating," "threatening" or "hostile" learning environment, (3) causes actual harm to a student or student's property or places a student in reasonable fear of harm to self or property, (4) interferes with a student's educational performance and benefits, (5) includes as a target school personnel or references "person" rather than "student," and (6) incites third parties to carry out bullying behavior. Five states prohibit cyber bullying if it is motivated by an actual or perceived characteristic or trait of a student. Presumably this protects gay and lesbian students and school personnel from criticism because of their sexual orientation but it could also shield obese, bulimic, short and tall students from disparagement due to their weight or height. While many applaud anti-cyber bullying legislation, some are concerned that it gives school officials unbridled authority that will be used to burnish their image, not protect bullying victims, or that it threatens student free speech. Furthermore, if their authority is unleashed beyond the school yard, it is essentially limitless. Thus no student, even in the privacy of their home, can write about controversial topics of concern to them without worrying that it may be "disruptive" or cause a "hostile environment" at school. In effect, students will be punished for off-campus speech based on the way people react to it at school. Many of the terms are so vague that they offer no guidance to distinguish permissible from impermissible speech. In this sense, they are akin to campus speech codes that courts invalidated in the 1990s for vagueness and overbreadth. Consequently, these laws don't simply "chill" student free speech, they plunge it into deep freeze. This viewpoint argues that for these reasons, some anti-cyber bullying laws violate the First Amendment and should be struck down as unconstitutional. |
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+Anti-cyberbullying laws key to prevent cyberbullying – squo solves and checks off campus behavior |
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+Patchin 10. Justin W. Patchin, Professor of Criminal Justice in the Department of Political Science at the University of Wisconsin-Eau Claire, 09/28/10, "Cyberbullying Laws and School Policy: A Blessing or Curse?," Cyberbullying Research Center, http://cyberbullying.org/cyberbullying-laws-and-school-policy-a-blessing-or-curse//AD |
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+Many schools are now in a difficult position of having to respond to a mandate to have a cyberbullying policy, without much guidance from the state about the circumstances under which they can (or must) respond. When folks ask me if I think there needs to be a “cyberbullying law” I basically respond by saying “perhaps – but not the kind of law most legislators would propose.” I would look for a law to be more “prescriptive” than “proscriptive.” By that, I mean I would like to see specific guidance from states about *how* and *when* schools can take action in cyberbullying incidents. Many states have taken the easy way out by simply passing laws saying effectively “schools need to deal with this.” Not only have they stopped short in terms of providing specific instructions or even a framework from which schools can evaluate their role, but they have not provided any additional resources to address these issues. Some states are now requiring schools to educate students and staff about cyberbullying or online safety more generally, but have provided no funding to carry out such activities. Unfunded mandates have become cliché in education, and this is just another example. Moreover, school administrators are in a precarious position because they see many examples in the media where schools have been sued because they took action against a student when they shouldn’t have or they failed to take action when they were supposed to. Schools need help determining where the legal line is. Many states already have existing criminal and civil remedies to deal with cyberbullying. Extreme cases would fall under criminal harassment or stalking laws or a target could pursue civil action for intentional infliction of emotional distress or defamation, to name a few. Bullying (whatever the form) that occurs at school is no doubt already subject to an existing bullying policy. To be sure, schools should bring their bullying and harassment policies into the 21st Century by explicitly identifying cyberbullying as a proscribed behavior, but they need to move beyond the behaviors that occur on school grounds or those that utilize school-owned resources. But in order to do this they need guidance from their state legislators and Departments of Education so that they draft a policy and procedure that will be held up in court. School, technology, and privacy lawyers disagree about what should (or must) be in a policy. It’s no wonder many educators are simply throwing their hands up. We really like New Hampshire’s recently passed bullying law, even though like other efforts it demands a lot from schools without a corresponding increase in resources. This section is key: “Bullying or cyberbullying shall occur when an action or communication as defined in RSA 193-F:3: … (b) Occurs off of school property or outside of a school-sponsored activity or event, if the conduct interferes with a pupil’s educational opportunities or substantially disrupts the orderly operations of the school or school-sponsored activity or event.” This puts schools, students, and parents on notice that there are instances when schools can discipline students for their off campus behavior. It will take many years, though, before we will know if this law can be used as a model. Schools will need to pass policies based on the law; a school will then need to discipline a bully based on the new policy; then they will need to be sued; then the case will need to be appealed. Perhaps then the case will get to a significant enough court that it will matter. Hang on and see how it turns out. In the meantime, lobby your legislators to pass meaningful, prescriptive laws instead of laws that simply say “cyberbullying is wrong, now YOU do SOMETHING about it.” It’s election time, so I’m sure your local representative will be all ears… |
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+Cyberbullying is conducive to abuse and kills self worth – impedes the ability to get education, turns case |
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+ETCB 16, End To Cyber Bullying, The End to Cyber Bullying (ETCB) Organization was founded in 2011 to raise global awareness on cyberbullying, and to mobilize youth, educators, parents, and others in taking efforts to end cyberbullying, “A Surprising Long-Term Effect of Cyberbullying, ETCB Organization, 2016, http://www.endcyberbullying.org/a-surprising-long-term-effect-of-cyberbullying///AD |
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+If someone repeatedly tells the victim online that they is are worthless, useless, a waste of space or that they should kill themselves, soon the victim might – at least partially – begin to believe it. According to Psychcentral.com, signs that someone is experience low self-esteem include: • Self-critical or a negative opinion of themselves • Sensitivity to even constructive criticism • Fatigue, insomnia, headaches • Poor performance at school or work due to lack of trying or lethargy It is important for an individual to maintain a healthy self-esteem so that they can achieve in life. A cyberbullying victim may miss out on opportunities because the victim believes they is unworthy of achievement. It’s important to realize that these two effects go well beyond being in a bad mood and not liking something about oneself. Depression, Low Self-Esteem and Dating Abuse Research is inconclusive, but most would agree that people who are victimized in abusive dating relationships often choose those relationships because of their depression or low self-esteem. Findyouthinfo.gov states that past experience with stressful life events – cyberbullying, for example – can put someone at risk for entering an abusive dating relationship. This is especially true if the cyberabuse included abuse directed at a female victim’s sexuality, or lack thereof. Feelings of worthlessness and a negative outlook on life can throw a previously-cyberbullied victim into yet another abusive relationship. However, instead of faceless strangers and bullies dolling out abuse, it would be the victim’s significant other. Dating abuse can encompass many forms of abuse, including cyberabuse. According to Dosomething.com, other forms of abuse in dating relationships include: • Physical abuse – in the form of “hitting, punching, slapping, biting” and anything that causes physical pain. • Mental abuse – in the form of verbal putdowns and belittling. The abuser might call their victim names, “make threats, or accuse the other person of cheating.” • Emotional abuse – in the form of control over the victim’s “behavior, personality, and life.” • Sexual abuse – in the form of unwanted touching, pressuring the victim to have sex, or rape. It’s getting harder to track cyberbullying since most people make their online profiles and social networking pages private. Also, apps like Snapchat would allow cyberbullies to attack their victim and have the evidence wiped away within seconds. According to this tech expert, “Users are drawn to the impermanence of the site’s uploads and the anonymity that impermanence provides.” However impermanent the actual abusive message may be, the lasting effects of the abuse upon the psyche of the victim are anything but impermanent. |
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+Harassment DA |
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+Harassment cases persist because of a lack of clarity in requirements – a commitment to accountability is key. Saha 8/22 |
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+MADHUMITA SAHA The writer is an academic-turned journalist. She taught history at Drexel University and New York University before joining WION. Mon, 22 Aug 2016 http://www.dnaindia.com/world/column-academia-s-feet-of-clay-sexual-misconduct-and-gender-discrimination-in-schools-2247826 |
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+In the present context, Tyann Sorrell ’s recourse to legal action seems an obvious choice. But the legal history of sexual harassment shows that the road to public protest had been tough and long. Professor Carrie N. Baker shows in her book, The Women’s Movement against Sexual Harassment, how characterizations of sexual behaviour in workplaces have evolved from being considered a moral problem of a working woman, to a social problem of male lust and seduction, and eventually in the 1970s, such acts came to be interpreted as acts of violence against women and a violation of women’s civil rights.¶ In response to public awakening to the issue, the judges ruled in the William v. Saxbe federal court case of 1976 that sexual harassment is a form of illegal sex discrimination under Title VII. Before this verdict, the US courts were of the opinion that sexual harassment was merely disharmony in a personal relationship, the result of personal urges of individuals, and not part of company policy.¶ We trust in numbers: quantifying sexual harassment in the campus¶ ¶ American universities with the most reports of rape, 2014¶ University campuses are particularly vulnerable to sexual harassment of various types. Different sorts of authorities - formal, informal, achieved as well as ascribed- are exercised over students, assistant professors, and administrative assistants. According to the federal campus safety data, nearly 100 US colleges and universities had at least 10 reports of rape on their main campuses in 2014, with Brown University and the University of Connecticut tied for the highest annual total of 43 each.¶ Recently, Association of American Universities (AAU) conducted a Campus Climate Survey on Sexual Assault and Sexual Misconduct among 150,000 students at 27 schools, including most of the Ivy League. Of the female undergraduate student respondents, 23.1 per cent informed the surveyors that they have experienced sexual misconduct due to physical force, threats of physical force, or incapacitation.¶ 2¶ Per cent of college students reporting sexual assault, 2015¶ One of the most disturbing revelations of the survey indicates that overall rates of reporting to campus officials and law enforcement were rather low.¶ Depending on the specific type of sexual harassment, only five per cent to 28 per cent of respondents claim to have reported their experience of sexual harassment to the appropriate authorities. According to the AAU Climate Survey, the most common reason for not reporting incidents of sexual assault and sexual misconduct was that it was not considered serious enough. Among other reasons, students cited they were “embarrassed, ashamed or that it would be too emotionally difficult,” and because they “did not think anything would be done about it.”¶ Taking it from here to a safer future¶ There is nothing peculiar about sexual harassment and misconduct in the US educational institutions. Embedded in the similar kind of power structure, I am sure, such acts of sexual transgression is common enough occurrence in any university under the sun. So, let’s not point a finger and try to make a case of western sexual promiscuity out of it; we are all living in fragile glass houses.¶ On 14 December 2015, Smriti Irani, the former human resource and development minister of India reported, that as per University Grants Commission (UGC), there have been 295 cases of sexual harassment against women during 2014-15 in various institutes of higher learning in India.¶ As various scholars and activists working on sexual misconduct have already pointed out, we have to be aware that even when a sexual assault has not taken place, a person can experience sexual harassment; a hostile, offensive and intimidating atmosphere - created in academic spaces - does count as sex harassment too.¶ Women belonging to minority groups of different race, caste, and religion are more vulnerable. As are people belonging to the third gender.¶ While acknowledging that women are more vulnerable to sexual conduct, we also need to come up with regulations that look into the harassment suffered by other genders too. Recently, the UGC has taken the right step towards this direction when it introduced the first gender neutral regulation on sexual harassment in India. Under this regulation, both male students and students of the third gender in universities can lodge complaints against sexual harassment faced by them.¶ Tyann Sorrell 's case, and similar other cases reported from academic institutions, should be used to create greater awareness. Sexual harassment is indeed ubiquitous; such heinous crime is not solely committed by blacks, poor and the uneducated, as is widely perceived. Power is deeply entrenched in such actions and, thus, the perpetrators often come from the most privileged section of our societies. |
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+Successful lawsuits force school accountability to fight harassment. Silbaugh 15 |
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+Silbaugh, Katharine Law Alumni Scholar¶ BA magna cum laude, Amherst College¶ JD with high honors and Order of the Coif, University of Chicago¶ . "Reactive to Proactive: Title IX's Unrealized Capacity to Prevent Campus Sexual Assault." BUL Rev. 95 (2015): 1049. |
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+In March of 2013, President Obama signed a re-authorization of the¶ Violence Against Women Act.97 Within the re-authorization were amendments¶ to the Clery Act, which requires educational institutions to disclose statistics¶ about the number of sexual assaults on campus in an annual report that must be¶ distributed to students and prospective students, engaging market pressures to¶ press universities into addressing sexual assault.98 The amendments to the¶ Clery Act (entitled the Campus Sexual Violence Elimination Act, or SaVE¶ Act)99 strengthen reporting requirements and go beyond DOE’s¶ “recommendation” that colleges educate staff and students to require¶ educational institutions to educate staff and students about campus sexual assault, including statements that sexual assault is prohibited, definitions of¶ sexual assault and consent, bystander tools, and awareness programs for new¶ students.100 The Clery Act is enforced by the DOE primarily through fines, but¶ it is not a part of Title IX. While the focus of the Clery Act remains the¶ accurate reporting of crimes, it will serve as a limited and defined mechanism¶ for getting colleges to introduce education and prevention strategies to¶ students. However, the Clery Act, unlike Title IX, does not mandate equality in¶ the provision of education; a school can check off requirements under the new¶ Clery Amendments without evaluating their efficacy or revising them toward¶ the particular goal of equal educational opportunity. Title IX has a far greater¶ capacity to address sexual assault prevention because colleges could be¶ compelled to take whatever reasonable steps can be shown to reduce assaults,¶ or combination of steps as research about efficacy continues to develop. The¶ DOE has the ability to develop a far more comprehensive approach to assault¶ prevention under Title IX than the specific prescriptions the Clery¶ Amendments mandate.¶ Does the Gebser framework constrain Title IX from doing prevention work?¶ Not for the DOE. To the contrary, the DOE has effectively used Title IX to¶ change campus culture more broadly already. Consider Title IX as the rest of¶ the world has: as sports law. Title IX applied pressure on institutions to offer¶ equality in programming and in the educational experience. Differences in¶ interest in participation couldn’t be offered as an excuse for noncompliance¶ with Title IX: if there was not a culture of sports for girls and women, schools¶ needed to create that culture to ensure equality.101 While it was not smooth¶ sailing throughout, schools largely achieved that cultural shift. This may have¶ been possible because relative to other institutions, schools are good creators¶ of culture. When schools first tried to say that they simply found the world as¶ is, with girls not wanting to participate in sports at the rate boys did, the DOE¶ pushed back. In response, schools became creative at expanding and¶ cultivating interest in sports among girls and women. The social change around¶ girls in sports resulted in large part from a charge to schools to cultivate that¶ change, taking concrete steps that would have the effect of changing cultural¶ dynamics. The colleges faced cultural resistance to change and allegations that¶ they were going too far in redesigning athletic programs and opportunities,102 much as colleges do today as they deliberate over the right sexual assault¶ prevention measures.103 But they demonstrated a powerful ability to transform¶ the culture and expectations of equality in sports participation.¶ Title IX operates primarily as a spending clause regulation overseen by the¶ DOE. The DOE should not have felt constrained by the doctrine developed to¶ address the individual cause of action. If poor reaction in response to an actual,¶ individual sexual assault can give rise to an individual cause of action, why¶ can’t high rates of sexual assault in a school’s population amount to sex¶ discrimination for purposes of DOE enforcement? If higher rates of assault¶ overall result when a school fails to take evidence-based steps to reduce the¶ overall rate of sexual assault, why wouldn’t the DOE nudge schools to be¶ proactive? What if schools have concrete tools at their disposal to reduce the¶ overall rate of assault? Isn’t that within the DOE’s enforcement purview?¶ Consider, by comparison, the legislative approach to school bullying. In the¶ past decade, nearly every state has passed laws addressing the obligations of a¶ school system to address incidents of bullying and to prevent bullying.104¶ While those statutes are aimed at both prevention and post-incident¶ intervention, the most recent and best-regarded statutes focus substantial¶ energy on requiring schools to deliver evidence-based bullying prevention¶ programming in an effort to reduce the amount of bullying within each¶ school.105 Prevention and culture change are at the core of these legal¶ interventions.106 Ideally, they would be at the core of the DOE’s approach to¶ Title IX’s guarantee of equal access to education on college campuses. Perhaps we are seeing the beginning of this exact reform: the DOE is¶ investigating schools, and, in turn, schools have stepped up their evaluations of¶ their own processes. If so, I would hope the next step will be a DOE guidance¶ on prevention measures, because to date, they’ve drawn colleges far into the¶ weeds on responses without adequately directing them toward prevention. |
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+AFF causes a snowball effect that makes first amendment defenses impossible to beat. Schauer 04 |
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+Schauer, Frederick David and Mary Harrison Distinguished Professor of Law. "The boundaries of the First Amendment: A preliminary exploration of constitutional salience." Harvard Law Review (2004): 1765-1809. |
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+In addition to the properties of First Amendment claims that may¶ make them less likely to appear legally frivolous, the First Amend-¶ ment's magnetism may assist in ensuring that those claims will not¶ arise in isolation. There will often be multiple lawyers, multiple liti-¶ gants, and multiple public actors who perceive the virtues of the same¶ opportunistic strategy at roughly the same time, or who even may be¶ in active coordination with each other - as with the multiple chal-¶ lenges to the "Don't Ask, Don't Tell" policy, the proliferation of First¶ Amendment rhetoric surrounding legal arguments regarding computer¶ source code, and the panoply of parallel claims about First Amend-¶ ment limitations on copyright. When this is the case, the multiplicity¶ of individually tenuous claims may produce a cascade effect160 such¶ that the claims no longer appear tenuous. The combination of, say,¶ four scarcely plausible but simultaneous court challenges and twenty¶ scarcely plausible public claims of a First Amendment problem could make all these individually implausible claims seem more credible¶ than they actually are.161 From the standpoint of an interest group¶ seeking to achieve change and to mobilize public support or the sup-¶ port of other interest groups,162 winning is better than losing publicly,¶ but losing publicly is perhaps still preferable to being ignored.¶ Once the claim or argument achieves a critical mass of plausibility,¶ the game may be over. Even if individual courts reject the claim, the¶ multiplicity of now-plausible claims may give the issue what is re-¶ ferred to in inside-the-Beltway political jargon as "traction" and in¶ newsroom jargon as "legs." Interestingly, this phenomenon sometimes¶ survives even authoritative rejection of the claim. With respect to the¶ argument that hostile-environment sexual harassment enforcement has¶ serious First Amendment implications, for example, neither the Su-¶ preme Court's rejection of this argument in dicta in R.A. V v. City of¶ St. Paul163 nor the Court's silent dismissal of the same claim in Harris¶ v. Forklift Systems, Inc.164 has slowed the momentum of those who¶ would wage serious First Amendment battle against hostile-¶ environment sexual harassment law.'65 Similarly, decades of judicial¶ rejection of the argument that copyright law must be substantially re-¶ stricted by the commands of the First Amendment have scarcely dis-¶ couraged those who urge otherwise; and in some respects the Supreme¶ Court's recent decision in Eldred v. Ashcroftl66 can be considered not a¶ defeat, but rather one further step toward the entry of copyright into¶ the domain of the First Amendment: the Supreme Court did grant cer-¶ tiorari, in part to determine "whether ... the extension of existing and¶ future copyrights violates the First Amendment;"'67 and the seven-¶ Justice majority, as well as Justice Breyer in dissent,'68 acknowledged¶ that the First Amendment was not totally irrelevant. |
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+Sexual harassment in the classroom is a result of patriarchal violence that invades academia. Sexual harassment represents an oppressive use of power by professors and kills the participation and success of the harassed. Benson and Thomson |
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+Benson, Donna J., and Gregg E. Thomson. "Sexual harassment on a university campus: The confluence of authority relations, sexual interest and gender stratification." Social problems 29.3 (1982): 236-251. |
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+It is precisely this widespread confluence of authority relations, sexual interest and gender¶ stratification which defines the problem of sexual harassment. There is, in other words, a nexus¶ of power and sexualprerogative often enjoyed by men with formal authority over women. Men¶ in such positions can engage in (or "get away with") overt sexual behaviors that would be rebuffed¶ or avoided were the relationship not one of superior and subordinate. They can also discharge selectively the power and rewards of their positions as a means to obligate women sexualy (Blau,¶ 1964).¶ As well as reward and punish women directly, men can manipulate and obscure their sexual in-¶ tentions toward female subordinates. Women learn that the "official" attention of a male¶ superior is often but a vehicle through which he can "press his pursuits" (Goffman, 1977). In¶ turn, what is often mistakenly perceived by men as an unfounded distrust or suspicion of motives¶ has its basis in previous experience with male "helpfulness." Therefore, as Thorne5 suggests, there¶ is an intrinsic ambiguity between the formal definition of the male superior/female subordinate¶ relationship and a sexual one, in which the gender of the woman can be made salient at the in-¶ itiative of the man.¶ Male Authority and Sexual Interest on the University Campus¶ At major universities, student access to individual instructors can be a scarce resource. Faculty¶ members serve as gatekeepers to the professions, yet an institutional priority on research severely¶ constrains the time and energy that they devote to instruction and interaction with under-¶ graduates (Blau, 1973). Moreover, though students are supposedly evaluated according to merit,¶ the teacher's role permits a wide latitude in the degree of interaction and helpfulness granted to¶ individual students. An instructor enjoys considerable discretionary power to provide or¶ withhold academic rewards (grades, recommendations) and related resources (help, psychological¶ support).6¶ As in the workplace, it is usually men who exercise this discretionary power over female univer-¶ sity students. While women now comprise more than half of all college students,¶ faculty-especially within higher ranks and at major universities-are overwhelmingly male.¶ About 95 percent of university full professors are men (Patterson and Engelberg, 1978). Nor-¶ mative requirements for career advancement at competitive universities are based on traditional,¶ male life-cycle patterns and work schedules that are not convenient to many women (Hochschild,¶ 1975).¶ In the past, it has been difficult for women to successfully enter any prestigious and male-¶ dominated - hence, "non-traditional" - field (Epstein, 1970). Social psychological analyses (Med-¶ nick et. al., 1975) have identified some of the barriers still faced by college women seeking such¶ careers. Yet a recent compendium of student responses to a University of California ad-¶ ministrative query about sex discrimination on campus is replete with testimony from male¶ students that female students' sexuality now gives them an unfair advantage in this competition¶ (University of California, Berkeley, 1977). While women allude to numerous sexist remarks and¶ behaviors by faculty which derogate the abilities of women as a group, the male respondents¶ claim that individual women profit from their sexual attributes because male instructors go out of¶ their way to be "extra friendly" and helpful to them. According to the male perception, then, the¶ latitude permitted in the faculty-student relationship works - at the initiative of either instructor¶ or student - to the advantage of attractive women.¶ Some sociologists of higher education view faculty-student sexual exchanges only as women at-¶ tempting to use their sexuality to compensate for a lack of academic accomplishment:¶ Innumerable girls have found that a pretty face and a tight sweater were an adequate substitute for diligence and cleverness when dealing with a male teacher. Some, having been frustrated in efforts to get¶ by on this basis, have pushed matters further and ended up in bed-though not necessarily with an A¶ (Jencks and Riesman, 1968:427n).¶ Similarly, Singer's (1964:148) empirical study of the relationship between personal attrac-¶ tiveness and university grades relies on unsupported conjecture about female manipulativeness to¶ conclude that ". . . the poor college professor is . . . enticed by the female students ... as he goes¶ about his academic and personal responsibilities." In both studies we find the unquestioned¶ assumption that women (unfairly) capitalize on their sexuality in an otherwise meritocratic and¶ asexual relationship.7¶ Our analysis of sexual harassment as the nexus of power and sexual prerogative implies that,¶ from the woman's perspective, the situation is more complex and decidedly less sanguine. Rather¶ than having a unilateral "sex advantage," female students face the possibility that male instruc-¶ tors may manipulate sexual interest and authority in ways which ultimately undermine the posi-¶ tion of women in academia. Because women can no longer be openly denied access to educational¶ and professional training legally, sexual harassment may remain an especially critical factor of¶ more covert discrimination. |
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+We need to challenge the way masculinity invades the everyday spaces we occupy – challenging harassment is key. Cockburn 10 |
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+Cockburn 10 – visiting professor at Department of Sociology at City University London, honorary professor in the Centre for the study of gender and women at University of Warwick, Women in Black against War, Women’s International League for Peace and Freedom (Cynthia, “Getting to Peace: what kind of movement” womeninblack.org, http://www.womeninblack.org/old/files/OpenDemGettingtoPeace.pdf) |
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+Diana Francis, in the third of her series of articles, asks ‘what underlies war’s continuing widespread acceptance?’ This is a useful approach to the roots of war, in my view, because it opens up to questions about society, people, you and me, who are implicitly the ones to accept (or question, or refuse) war. It invites us to interrogate a film like Avatar, which is so characteristic of the culture we live in, the culture that enables, limits and shapes us. It leads to an exploration of the continuum of violence, the connections between the explosive violence of actual war, the perennial violence inherent in our militarized condition, and violence in everyday life and everyday culture. If Mary Kaldor is right (see her contribution to this debate, ‘Reconceptualizing War‘) in saying that wars are very often fought, not to be won but rather as a kind of mutual enterprise in which the warring parties share some benefits, this too must point us towards an examination of cultures. Some of the benefits that war-making people and classes gain from the perpetuation of armed conflict will certainly be economic. But some may be advantages in self-identity as men, or regard and status with regard to other people and groups. What messages are we taking in, telling each other, that make fighting, deliberate injury and killing, seem reasonable, desirable – even glorious? Avatar is just one of a zillion instances of cultural production that normalize and glorify fighting, militarization and war. And this violent culture in which we’re immersed is profoundly gendered, as Diana Francis, and Shelley Anderson in her recent article ‘Vital Peace Constituencies’, point out. Gendered mindsets, expectations, behaviours and attitudes feed and are fed by films like this, by video games, advertising, the fashion industry and TV reality shows, that bombard our consciousness day in and day out. Masculinity and femininity are endlessly constituted in idealized, contrasted and complementary forms that are parodies of real human ‘being’. We are made over as avatars fitted out for a virtual world in which each sex is a truncated, incomplete human being, a world in which he will survive violence and deal it out, while she will allure, invite and comply. The feminist women and pro-feminist men who resist such deformation are so marginal to the narrative they scarcely make the list of credits. And, unfortunately, this is no cinema fantasy but the very world we live in. Gender struggle in the peace movement One thing I have discovered during research in and among peace movements is that a gender struggle goes on in them too. The majority of organizations are mixed. They have many women in the membership, though frequently the leading personalities and spokes-persons are male. In most countries however there are a handful of feminist antiwar, antimilitarist and peace organizations. These are often differentiated from the mainstream peace movements of which they are a part, and to which they contribute, by one particular quality. While they don’t fail to pay attention to the large-scale issues and events that concern all peace movements – weapons of mass destruction, huge global military expenditures, the worldwide system of United States military bases, and so on – they simultaneously call attention to more mundane violence and the individual lives it affects, to pain, care and responsibility. For instance, Okinawan Women Act Against Military Violence (OWAMMV), like the rest of the Japanese peace movement, are concerned with the huge burden of the US bases that spread their razor wire all over the archipelago. But they also campaign against the abuse, rape and murder of individual women that is too often associated with the areas of bars and brothels surrounding these bases. OWAAMV’s first act on learning of a new assault, however, is always to check on the wellbeing of the victim before launching (yet another) mass protest against the system that has harmed her. Likewise, In South Korea, Women Making Peace are notable for having introduced into the movement a stress on ‘peace culture’, changing lives and practices, starting with one’s own. Which does not mean they don’t go out to join demonstrations against sending troops to Afghanistan or Iraq, or join in the campaign for the reunification of Korea. They do that too. After spending time with the women of many such organizations, and as a member, myself, of both Women in Black and the Women’s International League for Peace and Freedom, it seems to me that together we are introducing a fresh new thought into the field of international relations and war studies. We are saying: if the gendered cultures of violence in everyday life bring about ‘widespread acceptance of war’, then gender relations, as we know and live them, must be recognized as, in fact, causal in war. I have argued as much in an article appearing next month in the International Feminist Journal of Politics. A predisposing cause Most visible in the news analysis of any given war, of course, are economic factors (access to resources and markets). And yes, fair enough, capitalist expansionism and corporate interests certainly do motivate war-making governments and other social actors. Also visible, perhaps more hyped, in the conventional analysis are political factors. And, indeed, wars often are about the control or exclusion of particular kinds of people (the ones the wrong side of a border, the ones with the wrong god, or skin colour, or national name). Sometimes these two sets of motivations are summed up as ‘greed and grievance’, or ‘capitalism and nationalism’ or ‘class and race’. But the male power system (still widely called patriarchy, for lack of a better name) is intertwined with the capitalist mode of production and the nationstate system among the causes of war. As a source of cultures that produce sexual divisions – sexual divisions of labour, of war, of love – gender power relations ready us all the time for violence. They are a predisposing cause. Raewyn Connell, a well-known theoretician of masculinity and gender power, endorses this view. She writes that ‘masculinities are the forms in which many dynamics of violence take shape’. While the causes of war are many, therefore, and include ‘dispossession, poverty, greed, nationalism, racism, and other forms of inequality, bigotry and desire... Yet given the concentration of weapons and the practices of violence among men, gender patterns appear to be strategic’ 2. If gender relations are indeed one of the root causes of war, it follows that transformative change in gender relations must be part of the effort for peace. Gender work is peace work. This opens the door to men in the peace movement. To quote R.W.Connell once again, ‘Evidently, then, strategy for demilitarization and peace must include a strategy of change in masculinities. This is the new dimension in peace work which studies of men suggest: contesting the hegemony of masculinities which emphasise violence, confrontation and domination, and replacing them with patterns of masculinity more open to negotiation, cooperation and equality’. Men in the peace movement Men in the peace movement could step through that open door now and work on a critique of the manipulation of masculinity for militarism, making it a conscious part of their antiwar activism. They could say, as we wrote on our banner at the Women’s Gate of the Aldermaston Blockade a month ago, ‘No fists, no knives, no guns, no bombs. No to all violence’. Such a simple slogan links, in one giddy move, bedroom and battlefield, the violence of so-called peace and that of so-called war, in a single continuum. That is, I think, a concept with a perspective capable of inspiring a movement on a matching scale. War culture is hegemonic in our society. It’s the prevailing common-sense. The antiwar movement is, by comparison, patchy, disparate, and on some issues even divided. Parts of it focus on nuclear weapons, parts on the arms trade, parts on contemporary war-fighting. Its discourses include various kinds of socialism, pacifism, feminism – and those of various religions. These sectors and segments pull together on some issues, part company on others. To prevail over the taken-for granted militarism of the dominant culture I believe the movement has to follow the lead of organizations such as OWAAMV and Women Making Peace, and others like them in different countries, and allow a critique of gender to become a prompt to reinterpret and transform the peace movement, its aims, its structures and its own cultures. What is today a movement against war could become something wider and deeper, effectively a counter-hegemonic movement, a nonviolent movement for a nonviolent world. |
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+And, diversity outweighs and turns the case – Chang 02 |
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+Chang, Mitchell J. "Perservation or Transformation: Where's the Real Educational Discourse on Diversity?." The Review of Higher Education 25.2 (2002): 125-140. |
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+Historically, postsecondary institutions did not willingly embrace, let¶ alone collectively defend, diversity-related efforts. It took heavy-handed¶ intervention by the federal government to open wider the doors of higher¶ education to students of color. This change and subsequent institutional¶ alterations now considered under the rubric of diversity varied in the ease¶ with which different campuses implemented them; but it is fair to say that¶ much ongoing administrative resistance (Altbach, 1991; Olivas, 1993; Trent,¶ 1991a) and prolonged acrimonious debate (Levine, 1996) characterized the¶ typical campus dealing with diversity issues. Institutional conflicts typically¶ occurred because, as Hurtado (1996) observed, “These diversity issues¶ often required fundamental changes in premises and practices at many levels”¶ (p. 27), which, according to Chan (1989), threatened the very structure¶ of power both within and outside the university.¶ Because the diversity agenda and its related efforts seek to effect change¶ at almost all levels of higher education, it has been described as a “transformative¶ enterprise” (Nakanishi and Leong, 1978; Wei, 1993). In this view, diversity¶ initiatives are not simply innocuous extensions of preexisting¶ institutional interests but are instead efforts that challenge and seek to¶ transform traditional institutional practices and arrangements toward making¶ education more equitable, diverse, and inclusive, as well as more open¶ to alternative perspectives (Hirabayashi, 1997). Perhaps because the transformative¶ aims associated with diversity tend to challenge existing arrangements,¶ colleges and universities have not done all that they must do to¶ maximize the educational benefits associated with diversity (Allen, 1992;¶ Chang, 1999b). Hurtado (1996) held that “both resistance and change are¶ inevitable parts of the major transformation that is under way in the mission¶ of postsecondary institutions—a mission that includes diversity as a¶ key component” (p. 29). Therefore, she maintained, some tension and conflict¶ are likely at the level of deep institutional change in the history of individual¶ campus diversity efforts. In an educational setting, however, tension¶ and conflict are not necessarily problematic for learning (Gurin, 1999), unless¶ they prevent campuses from successfully implementing a multifaceted¶ approach to diversity.¶ Given that the transformative aims often clash with deep-seated institutional¶ assumptions and values, the educational benefits associated with diversity¶ emerge, more often than not, out of institutional transformation¶ and not out of preexisting ways of operating and behaving. In other words,¶ educational benefits for students emanate from changes that challenge prevailing¶ educational sensibilities and that enhance educational participation. Accordingly, retired Harvard professor Charles Willie pointed out in an interview¶ that the educational significance of diversity is best observed when¶ viewed as “the foundation for institutional change and self-correction” (qtd.¶ in Buchbinder, 1998) and not as an uncritical manifestation of preexisting¶ institutional values and ideals. As such, diversity calls into question not only¶ how learning is viewed and what is valued, but also how learning should be¶ assessed. In the next section, I will discuss further how the diversity agenda¶ seeks to transform higher education’s understanding of and impact on learning. |