The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
University Administrators on the Rittenhouse Verdict
Conor Friedersdorf (The Atlantic) has a very good article on this; an excerpt:
Rather than encourage independent scrutiny, administrators on many campuses have issued statements that presuppose answers to hotly contested questions, and assert opinions about the not-guilty verdict in the case and its ostensible significance as though they were matters of community consensus.
The whole episode is an illustration of a bigger problem in academia: Administrators make ideologically selective efforts to soothe the feelings of upset faculty members and students. These actions impose orthodoxies of thought, undermining both intellectual diversity and inclusion. "Certainly," declared a statement by Dwight A. McBride, president of the New School, "the verdict raises questions about … vigilantism in the service of racism and white supremacy." In reality, many observers are far from certain that, when 12 jurors concluded that a white man shot three other white men in self-defense, they were saying anything about white supremacy.
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""Certainly," declared a statement by Dwight A. McBride, president of the New School, "the verdict raises questions about … vigilantism in the service of racism and white supremacy." In reality, many observers are far from certain that, when 12 jurors concluded that a white man shot three other white men in self-defense, they were saying anything about white supremacy."
That's just drivel. It's nonsense. 'Certainly this raises questions about one thing' is not 'certainly this other thing is true'.
Your remark raises questions about whether Bigfoot was the real killer.
You're right, this is fun.
"In reality, many observers are far from certain that, when 12 jurors concluded that a white man shot three other white men in self-defense, they were saying anything about white supremacy."
I guess it depends on where you get your information. Readers of the Washington Post, for example, might be under the impression that Rittenhouse opened fire into a crowd of BLM protestors. Many other consumers of mainstream news are under the impression that Rittenhouse carried an illegal weapon across state lines with the intent to kill people, and shot three black men.
Those alternative facts would undoubtedly raise questions about white supremacy.
Then it would be beneficial to all involved for the administrators to outline the facts as they came out in the trial.
But it would be offensive to use facts to confront the erroneous beliefs so many progressives have from listening to CNN and MSNBC and reading the WaPo and the NYT. They don't want facts to confuse their beliefs.
"... across state lines ... " 3¹/₂ minutes worth
https://www.youtube.com/watch?v=hY1eoY_MMco
"alternative facts would undoubtedly raise questions about white supremacy"
Alternative facts? Left cannot come up with anything better than Kellyanne Conway's phrase? I thought that the facts, once confirmed by the jury of his peers, have thoroughly exonerated Mr. Rittenhouse. The judge is an appointee of a democrat governor. I expected MSM to be a little bit more original and accuse Mr. Rittenhouse of antisemitism. At least 2 of the 3 people he shot were Jewish (Rosenbaum and Grosskreutz). That should be enough to pronounce him and Ben Shapiro who has supported Rittenhouse all the way - antisemites.
Perusing racism charges is barking under the wrong tree in this case. A white guy has shot 3 other white guys. It's very hard to attribute this conflict of 4 white men to racism.
Not all Germanic surnames are Jewish and there's no evidence than any of the three miscreants that Rittenhouse shot was/is Jewish.
Grosskreutz means "Big cross", hardly a Jewish surname.
Hardly any Germanic surnames are Jewish. A lot of Jews have Germanic surnames, but in each case there are probably more Germans than Jews with that name. The reason many people think otherwise is because the Jewish and German populations are not spread out evenly in the USA. There are parts of the country (the Boston-Washington corridor, Southern Florida, and Southern California) where anyone with a German name is likely to be Jewish; in other parts anyone with that very same name is likely to be German.
That's what happened to George Zimmerman. Al Sharpton, being from New York, heard the name and jumped to the erroneous conclusion that he was Jewish, and that's why he went after him. Had Sharpton been from Ohio or Pennsylvania we would probably never have heard of Zimmerman, or of Little Saint Trayvon. Ditto if GZ had gone by the name Jorge Mesa.
I seriously doubt that Rittenhouse knew the men's names, much less that Rittenhouse would recognize Rosenbaum or Grosskreutz as Jewish names. They all sound German-Wisconsin to me. I don't think anyone was wearing name tags.
"It's very hard to attribute this conflict of 4 white men to racism."
Where there's a will, there's a way, and there is most certainly the will to frame this as something to do with race, but that's pretty much a given these days.
Maybe the problem with the statement is the word "raises." The verdict didn't raise these questions, the media did long before all the facts were established and the verdict was in.
To hop on Cal's analogy, if there is a media report stating "confirmed" sightings of Big Foot in the area, when it turns out to be a bear that hunters kill, it is not the killing of the bear that raises questions of Big Foot's existence.
The whole quoted part is nonsense. Saying something can 'raise questions about x' and may be a stupid thing to say. But one doesn't prove that by claiming that what was actually said was a completely different assertion.
There's a pair of stupid in it.
To me it seems to be a clear case of white supremacy and white privilege the assumption that a largely white crowd can riot, burn, and otherwise destroy private property with impunity.
White supremacy is holding another race to lower standards because you believe them incapable of meeting the higher ones.
Half-Hispanic shoots three whites. MUST be white supremacy.
Hint to progs: When EVERYTHING is white supremacy, then nothing is.
Don't understand.
In reality, many observers are far from certain that, when 12 jurors concluded that a white man shot three other white men in self-defense, they were saying anything about white supremacy."
Isn't that true? Or at least likely to be? I myself am "far from certain that, when 12 jurors concluded that a white man shot three other white men in self-defense, they were saying anything about white supremacy." Indeed, I don't think they were at all.
Enjoying your free and open debate without government officials declaring orthodoxy for you?
Good. I am glad.
Wasn't there a Friday open-comment thread a short time ago?
I thought it was Thursdays.
There was, and it was rocking and rolling. Hopefully just a blip.
As long as it wasn't my mind playing tricks on me.
I was going to link to the Geto Boys' "My Mind's Playing Tricks on Me," but (a) it's a downer, and (b) it uses *le mot Volokh.*
Downer or no, epic tune. And what's wrong with "lawman" now?
No cries of "vigilantism" when Antifa domestic terrorists attack the media, loot, riot, and remember when they took effective control over a large chunk of a major US state capitol for about two weeks? In our newspeak that was "activism" and "mostly peaceful protests".
Our entire public discourse is now officially clown world. There is no other way to classify it at this point.
Kyle was charged for killing a jew. Talmud law, if a goy kills a jew, the goy is put to death.
Supremacy, 2A issues, just piled on the underlying jewish influence of the justice system. Even the judge questioned how an indictment came on the misdemeanor charge of the kid having a rifle. All a railroad job by the jewish ideology what plagues the republic and undermines the rule of law.
It's almost amusing to see Jew haters like yourself assume that any surname that sounds vaguely Germanic must be Jewish.
Remember that "vigilantism" is private individuals playing cops. The media don't cry "vigilantism" when Antifa rampages because Antifa is playing robbers.
The reach to link this to white supremacy is literally 1984 level BS. Not even an exaggeration, we're in some crappy scifi dystopian novel.
I used to think it was a delusional few pushing this with enablers in the mass media, but we now have something akin to a mass delusion going on. This is not going to end well.
The first rounds of voting since things got really ugly suggest it's more preference falsification -- a lot of folks keeping their heads down and shutting up until leadership cycles so they aren't taken down in the meantime. Fingers crossed.
This all reminds me of the early 90's. History never completely repeats itself, but here I think we are going to see shades of 94 and 95 repeat in 2022 and 2024. DC and various state governments could very well move 2-3 clicks to the right in a short amount of time if the Dems keep it up. More than it did when the GOP retook the House after decades. Top that off with another Trump-esque victory in 2024 and maybe, just maybe, we will see some more permanent moves toward sanity take place nationally. One can only hope....but I am very aware that is might also just be a pipe dream. The right is great at throwing victory down the gullet of defeat.
As this article exemplifies and the Right Reverend is wont to remind us, Team Blue generally controls the factory of future minds via the educational system. So yes, it wouldn't surprise me to see another red wave in the next political cycle (the typical expression of mass regret we tend to see shortly after lefties get control of all three branches and show what they're really made of), but it's going to take more than that to get to longer-term stability.
My hope is people are checking out of the leftist indoctrination factory en masse. Again, you don't hear much about it because the media doesn't cover it, but Gen Z'ers are highly skeptical of college. I've seen an influx of applicants, HS grads, 18-19, looking for entry level jobs which is something new. They are either doing college part time at the local community college or interested in one of the training programs available. I interviewed one guy who when we asked about college said "yeah maybe but why would I want to go $50K into debt and spend 4 years when I can just get experience and make more than that working some place like here..." And he wasn't wrong...
Technology might soon change the landscape of higher education. Why pay giant tuition fees to brick and mortar establishments when online classes can do the job just as effectively? Pretty soon independent teachers will be able to charge appropriately according to the actual market demands for their services. And courses from better teachers (or "colleges" that provide the services of these teachers) will hopefully be worth more to future employers.
Paying for the maintenance of giant quads and even less useful administrators seems silly to me.
Hopefully that's where we're headed -- we definitely have the infrastructure in place now. The last piece of the puzzle will be employers actually taking on the hard work of evaluating an individual's capabilities and character for themselves, rather than just using diplomas from select schools as a lazy signal.
I could hire a kid right out of high school, Monday morning. All they need is a basic knowledge of AutoCAD and basic mechanical aptitude. I'll train them for the rest. Can't find any. Biggest problem is passing a drug test. I could care less, but, we do work around hazardous equipment and OSHA is Federal.
" I could care less, but, we do work around hazardous equipment "
I would suggest "get an education." but it likely is too late for that.
The best thing about losers who disrespect education and strong, mainstream institutions is that my children and grandchildren get to compete economically with people who belittle strong schools, advanced degrees, and the reason-based world from the half-educated, backwater fringe.
"I would suggest "get an education." but it likely is too late for that.
The best thing about losers who disrespect education and strong, mainstream institutions is that my children and grandchildren get to compete economically with people who belittle strong schools, advanced degrees, and the reason-based world from the half-educated, backwater fringe."
Those institutions you speak of are doing just fine disrespecting themselves. Also, why are your comments always so bigoted?
The reach to link this to white supremacy is literally 1984 level BS.
I am not very woke, rather sleepy in fact, but this doesn't seem a yuuuuge reach.
1. Police shoot black guy
2. Riots are arranged by a group that argues that police are in the habit of shooting black guys for racist rather than law enforcement reasons
3. Young chap turns up, armed, to protect business from rioters
4. Young chap duly shoots three rioters in the course of the melee, killing two of them
5. Jury declares him not guilty
Now, while it is obvious to the meanest understanding that the jury got it right, and if anyone deserves a hangin' it's the prosecutor; the shooting of three rioters, rioting in protest at police shooting of black guys, commonly if not very accurately, believed to be symptomatic of racism of the white supremacy type, and the escape of the shooter from the jaws of justice, connects the verdict to white supremacy by no more than a couple of moderately tenuous threads.
Of all the wacky ideas and allusions the modern left comes up with, this seems to be on the less wacky end of the spectrum.
Still pretty wacky, starting with the notion that rioters are actually rioting in protest of anything, rather than just using that something as an excuse to riot.
And that the only person expressing any racist thoughts or beliefs was the first guy Kyle killed.
You are missing a few important elements.
1. Police shoot black guy
2. Riots are arranged by a group that argues that police are in the habit of shooting black guys for racist rather than law enforcement reasons
3. Young chap, who has family that lives in Kenosha and who works in Kenosha County</b, turns up, armed, to protect black owned business from rioters
4. Young chap duly shoots three white rioters in the course of the melee, killing two of them
5. Jury declares him not guilty
McBride sounds like a small man intellectually who has spent a lifetime in cultural marxist echo chamber. The "new school" is mostly a communist den of fools.
New School is jewish.
Everyone is entitled to their own opinion, of course, but it's not clear why The New School has to have an official opinion on the matter, even if it is true, as President McBride says, that "many individuals in The New School community" were, in fact, "reeling from this news." There is no indication that The New School--or McBride as its President--brings any particular expertise to bear on this matter or why the school needs to serve as a Mama Bear to its students on a matter that is almost assuredly entirely unrelated to them.
Everything is related to everything else, man. I mean, a butterfly flapping its wings in Brazil could affect the quality of the joint I'm smoking now.
A jewish game.
Limiting self-defense options for criminal defendants would end up sending more people to prison serving long sentences who would otherwise be acquitted. Since minorities are disproportionately criminal defendants, minorities would be disproportionately imprisoned under any such change.
Have any progressives figured this out yet?
I'm gonna go with "yes."
It is fine as long as the "right" people go to prison. That includes rapists, people who defend themselves from terrorist thugs engaged in "racial reckoning" activity, and right wing activists. Jail is good for these people. Also these people must be denied bail while others should get out without restriction.
But what really happens is some unfortunate minorities no one ever heard of get caught in bad situations and end up in prison instead of acquitted on self-defense.
Same thing with gun control laws. Progressives say guns: yuck! and enact gun control. Some middle-aged white guy that progressives are prejudiced against might break the law or not, but no one finds out because the police focus on actual crime in neighborhoods actual crime happens in. A minority individual living in one of those neighborhoods encounters police and gets caught with a gun — that he needs for self-defense because his neighborhood has crime — and he ends up a felon. All because progressives are emotional and lack the ability to draw logical conclusions.
I remember talking with a friend who was in the law enforcement community in Chicago when they had to start issuing conceal carry permits about five years ago. He told me the lines weren't angry white people, but mostly minorities who had addresses from very bad areas of town. Of course, the media stopped covering that story when Illinois issued a tens of thousands of permits and nothing happened....
A large City to the South of where I live had problems with the number of minorities that were arrested. A Councilwoman made the statement that "85% of the people arrested in her District were Black". A Police Official said "90% of the people in your District ARE Black. What do you want me to do?". She replied "Arrest more White people."
"Since minorities are disproportionately criminal defendants, minorities would be disproportionately imprisoned under any such change."
That is only true if minorities are able to make equal use of such defenses, in practice. It is alleged by 'progressives' that they are not able to take advantage of them equally, or even at all, often, so there is no inconsistency there.
The null hypothesis, given the state of the US justice system (which even you admit), is that the allegations are true. But I haven't seen anything beyond anecdotal evidence that they are.
It is alleged by 'progressives' that they are not able to take advantage of them equally, or even at all, often, so there is no inconsistency there.
Progressives do really like making up stories about how they’re right and then deciding to believe them. Too bad for all the real the minority individuals who aren’t protagonists in those stories.
A black defenent successfully used a self-defense arguement when he was acquitted on the same day as Rittenhouse was. The jury accepted his self-defense argument even though he shot at deputies executing a no-knock warrant.
https://www.wpbf.com/article/andrew-coffee-not-guilty-on-all-counts/38304640#
Oopsie. Apparently inconvenient facts make Davedave go byebye.
He isn't the only one. When I did the search to find a link for the verdict, I only saw local media and conservative sites reporting on the story.
What is maybe more notable is that the jury did convict him on the felon-in-possession charge. The jury recognized that even though he had a serious criminal history, it was illegal for him to possess his firearm, and the people invading his home were police, he was privileged to use his gun in an attempt to defend himself from those home invaders. It's a relatively nuanced decision.
The not-guilty verdict in the Rittenhouse case means the jury concluded Rittenhouse did not commit the crimes he was charged with. That's it, and nothing else. Despite comments from a lot of people who should know better, it is neither a victory for 2nd Amendment advocates, nor evidence of white supremacy. Anyone who claims any meaning in the verdict beyond the above has an agenda.
Well, no, it was a victory for 2nd amendment advocates, but only in the sense that the prosecutors were trying to discourage exercise of the 2nd amendment in a self-defense context, and got shot down by the jury.
Too soon.
I'll say. That kind of language is triggering.
I don't think the claim is that the jury were white supremacists, but that they were left with no option by white supremacy.
Rittenhouse was and is a white supremacist. He and his white supremacist chums went to a white supremacist event, where he managed to shoot some people who were protesting about Black people being shot by racists. The white supremacist community then rallied round in mass support, including buying him the most expensive defense available, OJ style.
The links between the case and white supremacists, neo-Nazis, and the other scum of the far right are clear, obvious, and entirely unhidden. It's one thing to say that Rittenhouse wasn't guilty of the charges as brought, given the evidence put forward, but it's ludicrous to argue there's no link here.
This was the third night of riots. The rioters (c’mon Mr Tellitlikeitis, call them what they were) weren’t protesting against police violence, therewere there to tear shit up. The first guy shot was on video earlier that night yelling racial slurs and trying to pick fights.
It’s not ludicrous to debate the connection of white supremacy to this incident is, but trying to couch this as the Pollyannas of BLM/Antifa against Hitlers minions is absolutely ridiculous. But that’s you doing that.
You don’t even live here, so what the fuck do you really even know.
"Rittenhouse was and is a white supremacist."
The evidence doesn't support this.
Rittenhouse is a BLM supporter who went to a BLM protest and shot a white man who was yelling the n-word.
"The evidence doesn't support this."
What an absurd suggestion. It's undeniable. He was there. QED, thanks for playing, you lose again.
A lot of other people were there, too. Are they "white supremacists", too?
Wow, you're a fucking idiot.
Oh, I see. You're insane. I understand now.
"Rittenhouse was and is a white supremacist."
The only minority involved in the situation was a white supremacist. Got it. That sounds logical and not totally insane.
"He and his white supremacist chums went to a white supremacist event, where he managed to shoot some people who were protesting about Black people being shot by racists."
Wasn't one of the guys he shot shouting the "N" word there? Just wondering.
"The white supremacist community then rallied round in mass support, including buying him the most expensive defense available, OJ style."
You think his defense lawyers were the most expensive available? Seriously?
Well, in a sense, when your first lawyers fund raise off you while leaving you in jail, instead of paying your bail, yeah, that's pretty expensive.
Why do you call violent rioters “protesters?” The so called protest turned violent long before Rittenhouse arrived.
"The not-guilty verdict in the Rittenhouse case means the jury concluded Rittenhouse did not commit the crimes he was charged with."
Not really, that kind of implies that Kyle didn't do it, when what really happened is that the jury decided that what Kyle did was not a crime.
And that's what scares prosecutors, many politicians, and university administrators, I think mainly because it reduces government power. As Max Weber defined government as an entity "which lays claim to the monopoly on the legitimated use of physical force", then a robust right to self defense erodes that.
Especially if prosecutors have unlimited discretion to vigorously prosecute Kyle Rittenhouse, and Jan 6 insurrectionists, yet totally ignore Portland and Kenosha rioters, and Bay Area smash and grab looters.
It is of a piece with the MSM referring to the Waukesha massacre as an accident, crash, or incident caused by an SUV. Discussion of human agency is verboten.
Mention of Brooks black nationalism or his anti-white postings are things you won’t see discussed at CNN, MSNBC, NBS, NYT, WAPO, etc.
Speaking of that massacre, Gofundme, the same trash who shut down Rittenhouse's defense fundraiser, permitted a fundraiser for the guy who conducted that massacre. And only took it down when the media coverage got too bad.
Contrary to their statements that they don't permit fundraisers for felony defenses, they actually routinely do, but only for left-wing goon squad members.
Normal people understand that the way to look at legal issues is to apply the evidence to the law, and that different cases with different outcomes have different results.
But when your brain's addled with the CRT so that you have to see everything through a lens of how everything reinforces white supremacy, these things can be quite befuddling.
What is with the Atlantic publishing articles outside the narrow range of progressive orthodoxy? Aren't they progressive?
I can see them publishing Adrian Vermeule's essay, because it attacked originalism and showed (sowed?) division in right-wing ranks.
Maybe Friedersdorf is there to warn progressives not to overplay their hand?
How do you say "I don't know anything about The Atlantic" without saying "I don't know anything about The Atlantic?"
Apparently by signing "Leo Marvin" to comments.
What an amazing contradiction that a jew professor who clerked for RBG, now at UCLA, would take up the commentary of a clown at the NEW SCHOOL, which is the remains of the Frankfurt School of jew thought that fled when common sense came to power in Germany. Jews jawboning jewish prejudices against all the unchosen people. A jew criticizing the jew school. What next?
For his next trick, the professor claims that the holocaust was untrue, that 5grams of zylkon b cannot extinguish a human and that not more than 100k people died at Auschwitz.
An inconvenient truth.
Is this Pavel Petrovich new? I don't recall this particular scum at the VC. Happily, this is the last comment by him I will ever read.
I believe he used to post under Rabbi Harvey Weinstein. One of my handful of mutes as well.
Nah, the Rabbi was actually amusing and (I believe, anyway) tongue in cheek. Pavel is just scum.
It's one of the regulars who eventually gets tired of phrasing everything so carefully and uses that sockpuppet to say what they really mean.
It's getting really, really hard to gin up any enthusiasm for even paying attention to yet another race-baiting statement from some supposedly "elite" personage, much less expending the effort to treat what they have to say with any seriousness.
Out of their hearts do they speak and by their fruits do we know them. Say stupid things, get stupid prizes.
Yeah we probably just need to remove a few more statues and that will solve our problems..
even paying attention to yet another race-baiting statement from some supposedly "elite" personage, much less expending the effort to treat what they have to say with any seriousness.
It is increasingly difficult to justify the vast majority of academia.
The more is grows, the more students exposed, the more rapid the degradation of society.
Another racist, half-educated right-winger from the sticks pining for "good old days" that never existed.
Why do you have such disdain for education and modern America -- other than your lack of education and your inability to keep up?
Somehow, The Atlantic published an article taking university administrations to task for issuing statements of dismay and opposition to the Rittenhouse verdict. Token effort of balance, or maybe all the Progressive journalists/editors took a long weekend and they needed copy to fill space?
I think you will see more of that. I think the 2018 and 2020 elections convinced progressives that pushing "white supremacy and institutional racism" to the max was a winning political issue, so they pushed it to the max.
Now it's turning out it's a loser, and they probably won because of Trump fatigue, i.e. people got tired of winning, but now it's swinging back because people are getting tired of losing, and in retrospect the winning wasn't so bad.
The countervailing consideration, which Friedersdorf does not mention, is that most students have very little respect for professors, viewing them primarily as an obstacle to be surmounted on the way to graduation and a real job, and even less for university administrators, knowing that they are people who couldn't even get jobs as professors. So academic indoctrination is much less concerning than he suggests.
If that isn't enough reason to encourage employers to disrupt the system and stop relying on universities/degrees to clumsily screen applicants for them as we were discussing above, I don't know what is.
And now for something likely a wee bit more controversial around here: The same largely applies to law schools.
Some people without credentials and achievements react by disparaging credentials, belittling others' achievements, and becoming disaffected ankle-nippers.
Or... those of us with credentials realize that those credentials don't really mean all that much with respect to the value of the persons that hold them. What is funny is that there are so many credentialed idiots that actually believe their credentials make them 'better' people. LMAO
Anyone with those credentials and who is honest about it knows they are usually way overrated, but they have an incentive to exaggerate their value. The ignorant hold them up as some kind of stamp of an infallible priesthood. This is nothing new. It's been common for centuries. Students generally fall in the category of "the ignorant", but in addition, many of them aspire to same status.
If you want to see institutional racism in action, look at the fact that people at major public institutions can make the declaration that a convicted serial rapist of elementary school children was an "ally" of Black people, without any pushback beyond a few people saying that university administrators shouldn't be making official statements on controversial issues.
Another example is that univ admin all over the country send out emails of comfort when Trump was elected, as if all on campus agreed that this was a catastrophe.
Shut it down...shut it all down the New School and all of it. Any institution soiled by socialism and communism is a threat to liberty..shut it down and deport the folks pushing this crap. Calling Putin..can you take back all these commies that invaded America the last 100 years?
The thing is even if the three guys that got shot were black, this should have no difference on the trial. In reality, it's very likely Rittenhouse would have been railroaded to appease the radicals calling for blood.