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It is also apparent, given the unanimous response from the witnesses, that a reasonable person who is similarly situated would have experienced such an effect.
And, of course, nothing here is limited to the use of black makeup or even just of racially offensive expression.
Last week, the University of Oregon made clear to its faculty: If you say things about race, sexual orientation, sex, religion and so on that enough people find offensive, you could get suspended (and, following the logic of the analysis) even fired. This time it involved someone making herself up as a black man at a costume party (as it happens, doing so in order to try to send an antiracist message).
This can happen even to tenured faculty members; even more clearly, it can happen to anyone else. But according to the university’s logic, a faculty member could be disciplined for displaying the Mohammed cartoons, if it caused enough of a furor.
(For more on this, see this post.) And this perceived offensiveness yielded a huge uproar at the law school.
According to the report, the uproar was partly students’ immediate reaction and partly a result of the administration’s and other faculty members’ discussing the matter extensively at school, including in classes.
Orthodoxy, enforced on threat of institutional punishment, is what the University of Oregon is now about. This all began with a Halloween party hosted by tenured University of Oregon law school professor Nancy Shurtz.
The University encourages and supports open, vigorous, and challenging debate across the full spectrum of human issues as they present themselves to this community.The open discussions in class have also resulted in racial hostility between the students.