Shawn--
I have to agree with Neil. There is no way for anyone to add constructive
comments or opinions about this issue when they have no idea what you are
talking about. Whether you want to debate the merits of the claim or not, some
brief explanation of what the issues are -- what is your argument? what is the
nature of the accusation of illegality? -- is necessary. Surely, if someone
threatens to kill someone else in a debate round, that is not protected speech
just because it occurred in the setting of a debate round.
Sherry
----- Original Message -----
From: Shawn T Whalen
To: NEIL BERCH
Cc: Shawn T Whalen ; [EMAIL PROTECTED] ; [EMAIL PROTECTED]
Sent: Thursday, November 01, 2007 9:20 PM
Subject: Re: [CEDA-L] [eDebate] Accusations of Illegal Debating
Hi Neil,
My goal is not to debate the merits of the sexual harassment claim advanced
against my debaters performance but rather to suggest that any claim of
illegality is inappropriate in debates and that should legal claims need to be
made there are other venues better designed to accomodate those claims.
Shawn
-----"NEIL BERCH" <[EMAIL PROTECTED]> wrote: -----
To: <[EMAIL PROTECTED]>, <[EMAIL PROTECTED]>, "Shawn T Whalen" <[EMAIL
PROTECTED]>
From: "NEIL BERCH" <[EMAIL PROTECTED]>
Date: 11/01/2007 06:09PM
Subject: Re: [eDebate] Accusations of Illegal Debating
Hi, Shawn! In order for that open discussion to take place (and you've now
initiated it in multiple wide-ranging forums), it might be useful if those of
us on these lists who haven't seen your teams this year could know what you're
talking about.
--Neil Berch
West Virginia University
----- Original Message -----
From: Shawn T Whalen
To: [EMAIL PROTECTED] ; [EMAIL PROTECTED] ; [EMAIL PROTECTED]
Sent: Thursday, November 01, 2007 9:46 PM
Subject: [eDebate] Accusations of Illegal Debating
Dear Colleagues,
Last weekend, San Francisco State University debaters were accused of
behaving illegally. It is the first time in my 31 years of experience in
scholastic debate, that such an accusation has been levied based entirely on
the content and performance of an argument made during a debate.
Our students have employed the same basic argument since the start of the
year, and I think it is unfortunate that none of my colleagues sought to raise
concerns that they might have had about our arguments with me. I have been
centrally involved in my students' argument and performative choices this
season and I invite those of you with concerns about them to discuss those
concerns with me directly.
While I completely respect and promote the rights of each individual to
assert and defend all of their rights under the law, I want to suggest that
debate rounds might not be the most appropriate place to make those assertions.
Debate judges and debate tournament officials are rarely qualified to
adjudicate these claims and debaters themselves are rarely qualified to address
the full complexity of legal accusations. These types of accusations put
judges and tournament officials in a very awkward position and potentially
connect them to the legal claims being made in compromising ways.
Our students encourage and invite a discussion of style, taste, and
aesthetics but ethical and legal accusations are designed to enjoin us from
inviting that discussion. By their very nature they chill that discussion
immediately given the contemporary protocols for managing these accusations in
the debate community. Legal accusations, in particular, go much further in
their potential to chill these discussions. These accusations have forced us to
seek the support of university administrators who do not fully appreciate the
debate tournament context and who could act as censors. We are gratified that
our administrators have chosen to support our academic work, but we recognize
that not every administrator would see the risk/reward calculus in the same
way.
My students and I feel strongly that these accusations are a grave threat
to our academic freedom and unless and until we are legally enjoined from doing
so we will proceed making our arguments as we see fit. I remain distressed
and saddened by the lack of support that seemed to exist among my colleagues
last weekend for my students' rights to free speech and academic freedom. I
hope that as educators and colleagues we can make time for a discussion about
how these types of conflicts might be better managed.
Sincerely,
Shawn Whalen
Director of Forensics
San Francisco State University
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