A Call for Investigation Before Litigation

First and foremost, I would like to express that the incident that took place over Halloween weekend was extraordinarily distasteful and its social impact on our campus should not be forgotten. I have been instrumental in the publication of statements denouncing the incident on behalf of both Dickinson College Republicans as well as Kappa Alpha Theta, Epsilon Lambda. It should also be clear that the opinions expressed below are entirely my own, and are not a representation of the diverse opinions of these groups.

My main frustration with this entire incident (besides how stupid and distasteful the costume was) is how students have framed an incomplete narrative to push their own agendas over the internet. Every week I have been laughing at how many times unqualified assumptions of the photo have been made in the opinion editorial section, leaving editor’s notes to rectify them. Photos are extremely subjective pieces of evidence and what one appears to see is not necessarily what is factually there. The use of blackface has still been unsubstantiated at this point– and has been denied by the student in question. I’ve heard through the dense rumor mill that the student holding the toy gun in the video (which was screenshotted) was flinging it everywhere. How does a screenshot at what is potentially the most damaging frame substantiate the claim of an organized lynching? It doesn’t without further evidence. I hear students whining that intentions don’t matter, but you wouldn’t call an act of manslaughter an act of murder. Students propagating this unproven narrative to news outlets should also be aware that Pennsylvania recognizes the tort of “false light.”

One thing in John Stuart Mill’s harm principle is clear — an offense is less serious than harm and should not be prevented, because offenses are not universal. Kappa Alpha Psi, Xi Kappa failed to acknowledge this intricacy in their statement denouncing the incident. As Professor Crispin Sartwell so eloquently said, nobody has died at the hands of a toy gun. The distasteful Kaepernick costume did not reach out and literally slap someone across the face. No one has the right to not be offended.

Instead of screaming for expulsion (which by the way, I don’t think would truly educate anyone, it’s just a vengeful ‘quick fix’ to a larger issue) why don’t we allow a thorough investigation run its course to determine what truly happened that night? If it can be definitively proven the photo was a staged execution of Kaepernick, I will be one of the first to stand up to that physical threat and call for more punitive measures. Just as I respect the constitutional right of this student to wear that costume as an expression of free speech, I also respect the constitutional right of Kaepernick to kneel during the national anthem. The principle of free speech protects everyone’s right to express, not just those we agree with.

That being said, hate speech is still free speech. The Supreme Court said just as much rather definitively in Matal v. Tam. Justice Alito stated, “the proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought we hate.’” Justice Anthony Kennedy followed suit, maintaining that “a law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views for the detriment of all.” Legality does not mean the action that occurred several weekends ago is socially excusable or should be devoid of social consequence, but it does affect how our college deals with it administratively. Dickinson maintains that its students are protected under the First Amendment, and they cannot disavow this during their investigation.

All I’ve witnessed across campus so far are individuals screaming into their our own echo chambers and supposedly sending death threats (highly circulated rumor) to involved individuals. Lastly I would like to state, Thomas Connell, Dickinson’s job is to educate, not indoctrinate. Connell states, “We are protesting the administration and their failure to properly educate young adults about issues such as race and diversity. Why? Because it is 2017 and ignorance can no longer be an excuse.” Thomas, the formal point of education is to help individuals develop their own beliefs based on unbiased facts. You can bring every First-Year to water and force them to attend racial diversity seminars and programs, but that doesn’t guarantee they will drink, fall into a line and agree with you– and it’s not the administration’s place to make them do so. Unfortunately, ignorance is a choice people have the right to make. In my opinion, Dickinson College offers more than an ample amount of programs for their students to become educated in these particular ways and it is up to each individual to participate in these opportunities and decide whether or not they will change previous perceptions and accept a socially progressive worldview as their own.