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Did Oprah Pick Another Fibber? Truth and Fiction in Elie Wiesel's Night In his special report Alexander Cockburn interviews former Wiesel colleague and Holocaust survivor Eli Pfefferkorn. What Raul Hilberg, the Holocaust's greatest historian, really thinks about Wiesel's "Night". Also in this special issue: Is Hugo Chavez Hitler or Father Christmas? Larry Lack tells the full story of Venezuela's hand-outs to Uncle Sam's Shivering Poor. Plus, Jeffrey St Clair profiles the Endangered Visigoth and traces the rise and possible fall of Rick Pombo, destroyer of nature. CounterPunch Online is read by millions of viewers each month! But remember, we are funded solely by the subscribers to the print edition of CounterPunch. Please support this website by buying a subscription to our newsletter, which contains fresh material you won't find anywhere else, or by making a donation for the online edition. Remember contributions are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! |
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Today's Stories March 18 / 19, 2006 Cockburn
/ St. Clair March 17, 2006 Eduardo
Galeano Greg
Moses Richard
Falk / David Krieger Cindy
and Craig Corrie Amira
Hass Mike
Marqusee James
Petas and Robin Eastman-Abaya Website
of the Day
March 16, 2006 Norman
Solomon Tom
Philpott Heather
Gray Amira
Hass Missy
Comley Beattie Sen.
Russell Feingold Lucinda
Marshall Andrew
Bosworth Clancy
Sigal Website
of the Day
Jonathan
Cook Winslow
Wheeler Diane
Christian Ron
Jacobs Missy
Comley Beattie Jared
Bernstein Noam
Chomsky Website
of the Day
March 14, 2006 Earl
Ofari Hutchinson Dave
Lindorff Kevin
Zeese Todd
Chretien Jason
Kunin Thomas
Palley Cockburn
/ St. Clair Website
of the Day
March 13, 2006 Uri
Avnery Dave
Lindorff Mike
Whitney David
Green Jeremy
Scahill Mike
Ferner Corey
Harris Paul
Craig Roberts Website
of the Day
Alexander
Cockburn Ralph
Nader Paul
Craig Roberts Ben
Tripp John
Strausbaugh Landau
/ Hassen Robert
Bryce Gary
Leupp Fred
Gardner Ron
Jacobs Jonathan
Scott Ramzy
Baroud Jordan
Flaherty John
Chuckman Joe
Allen Julia
Kendlbacher St.
Clair / Walker / Pollack / Vest Poets'
Basement Website
of the Weekend
March 10, 2006 Ben
Rosenfeld Lila
Rajiva Saree
Makdisi Elena
Shore Joshua
Frank Dave
Zirin Aura
Bogado
March 9, 2006 John
Walsh Annie
Zirin Brian
McKenna Chris
Floyd Rachard
Itani Niranjan
Ramakrishnan Wylie
Harris Alexander
Cockburn Website
of the Day
March 8, 2006 Patrick
Bond Brian
Concannon, Jr. Pat
Williams Lance
Selfa Mokhiber
/ Weissman Walter
Brasch Vijay
Prashad Website
of the Day
March 7, 2006 Werther John
Blair Dave
Lindorff Mike
Whitney Warren
Guykema Sen.
Russell Feingold Robert
Jensen Norman
Solomon Bernie
Dwyer Website
of the Day
Ralph
Nader Dave
Zirin Vanessa
Redgrave Walter
A. Davis Joshua
Frank Nate
Mezmer Paul
Craig Roberts Website
of the Day
Alexander
Cockburn Jennifer
Van Bergen Steven
Higgs Winslow
T. Wheeler Ron
Jacobs Rev.
William E. Alberts Colin
Asher Fred
Gardner "Pariah" John
Scagliotti Seth
Sandronsky Joan
Roelofs Arjun
Makhijani Ardeshr
Ommani Diana
Barahona Ben
Tripp St.
Clair / Socialist Worker Staff Poets'
Basement Website
of the Weekend March 3, 2006 Laura
Carlsen John
V. Whitbeck Chris
Floyd Mohamed
Hakki Pratyush
Chandra John
Scagliotti Website
of the Day
March 2, 2006 Paul
Craig Roberts Dave
Lindorff Ramzy
Baroud Saul
Landau Joe
Allen Steve
Shore Denise
Boggs Norman
Finkelstein Website
of the Day
March 1, 2006 Mairead
Corrigan Maguire Niranjan
Ramakrishnan Faheem
Hussain Antony
Loewenstein Elizabeth
Schulte Mike
Whitney John
Ryan Michael
Donnelly Tom
Reeves Website
of the Day
February 28, 2006 Sen.
Russ Feingold Ralph
Nader Joshua
Frank Aziz
Haniffa Benjamin Dangl Norman Solomon Mike
Ferner Sharon
Smith Website
of the Day
February 27, 2006 Buncombe
/ Cockburn Paul
Craig Roberts Ingmar
Lee Ron
Jacobs Dave
Lindorff Pat
Wolff Lila
Rajiva Website
of the Day
February 25 / 26, 2006 Alexander
Cockburn Lila
Rajiva Lee
Sustar Jennifer
Van Bergen / Madis Senner Justin
E.H. Smith Paul
Craig Roberts Jason
Leopold Gilad
Atzmon Zahid
Shariff Fred
Gardner Dick
J. Reavis David
Stocker John
Bomar Mike
Marqusee Pratyush
Chandra Ben
Tripp Dr.
Susan Block Poets'
Basement Website
of the Weekend
February 24, 2006 Alan
Maass William
S. Lind Dave
Lindorff Pierre
Tristam Meg
Bannerji Robert
Jensen Mark
Engler Jennifer
Loewenstein Website
of the Day
February 23, 2006 Chet
Richards Jonathan
Feldman Joshua
Frank Ron
Jacobs Amira
Hass Samah
Sabawi Norman
Solomon Christopher
Reed Website
of the Day
February 22, 2006 Robert
Pollin Phil
Doe Pirouz
Azadi Saul
Landau Brian
McKinlay Sam
Smith Niranjan
Ramakrishnan Diane
Farsetta Website
of the Day
February 21, 2006 Paul
Craig Roberts Franklin
Spinney Dave
Lindorff Alevtina
Rea Bruce
K. Gagnon Dave
Zirin Bill
Quigley Website
of the Day
February 20, 2006 Jennifer
Van Bergen Rachard
Itani Gideon
Levy Joshua
Frank Newton
Garver Pratyush
Chandra Seth
Sandronsky Cockburn
/ St. Clair Website
of the Day
February 18 / 19, 2006 Werther Uzma
Aslam Khan Joe
DeRaymond Edward
F. Mooney Paul
Craig Roberts Elaine
Cassel P.
Sainath Thomas
P. Healy Brian
Concannon, Jr. Fred
Gardner Rep.
Cynthia McKinney Brian
Tokar Chan
Chee Khoon Andrew
Freedman St.
Clair / Walker Poets'
Basement Website
of the Weekend
February 17, 2006 Floyd
Rudmin Gervasio
Rodríguez Gary
Leupp Ramzy
Baroud Amira
Hass Matthew
Koehler Niranjan
Ramakrishnan Debbie
Nathan Website
of the Day
Febrauary 16, 2006 Lila
Rajiva Norman
Solomon Ron
Jacobs Paul
Craig Roberts Website
of the Day
February 15, 2006 Brian
Conacnnon, Jr. Dave
Lindorff Saree
Makdisi Joshua
Frank Amira
Hass CounterPunch
Wire Robert
Bryce Website
of the Day February 14, 2006 John
Sugg Don
Santina William
A. Cook Ray
McGovern John
Ross Website
of the Day
Lila
Rajiva Christopher
Brauchli Dave
Lindorff Ron
Jacobs Mike
Whitney Michael
Neumann Website
of the Day
February 11 / 12, 2006 Alexander
Cockburn Ralph
Nader Paul Craig
Roberts Pat Williams Fred Gardner Saul Landau John Chuckman Roger Burbach Seth Sandronsky Website of
the Weekend
February 10, 2006 Carl
G. Estabrook Sen.
Russell Feingold Roxanne
Dunbar----Ortiz Saree Makdisi Website of
the Day
February 9, 2006 Dave Lindorff Mike Marqusee Paul Craig Roberts Peter Phillips William S. Lind Christine Tomlinson Innocent Targets in the "Long War": False Positives and Bush's Eavesdropping Program Will Youmans Robert Robideau Richard Neville Peter Rost Website of the Day
February 8, 2006 Ron Jacobs Stan Cox Sen. Russ Feingold Robert Jensen Rep. Cynthia McKinney Niranjan Ramakrishnan Don Monkerud David Swanson C.L. Cook Christopher
Fons Jeffrey Ballinger Website of
the Day
February 7, 2006 Edward Lucie-Smith Robert Fisk Paul Craig Roberts Neve Gordon Joshua Frank Peter Montague Jackie Corr Jeffrey St.
Clair Website of the Day
February 6, 2006 Christopher
Brauchli Robert Fisk John Chuckman Jenna Orkin Paul Craig
Roberts
February 4 / 5, 2006 Alexander Cockburn Mike Ferner James Petras Alan Maass Fred Gardner Ralph Nader Bill Glahn Saul Landau Laura Carlsen James Brooks Mike Roselle John Holt Sarah Ferguson William S.
Lind Niranjan Ramakrishnan Seth Sandronsky Derrick O'Keefe Michael Donnelly Ron Jacobs Elisa Salasin St. Clair / Vest Stew Albert Poets' Basement Website of
the Weekend
February 3, 2006 Toufic Haddad Heather Gray Tim Wise Conn Hallinan Eva Golinger Daniel Ellsberg Dave Zirin Robert Bryce Website of
the Day
February 2, 2006 Winslow T.
Wheeler Stan Cox Rachard Itani Mike Whitney Amira Hass Norman Solomon Michael Simmons Christopher
Reed Website of the Day
February 1, 2006 Sharon Smith Jason Leopold Cindy Sheehan Joseph Grosso Earl Ofari Hutchinson Steven Higgs Robert Robideau R. Siddharth Jim Retherford Rep. Cynthia
McKinney Paul Craig
Roberts Website of
the Day
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Weekend
Edition Teachers Don't Enjoy Enough Legal Protection Free Speech in the Classroom By JULIE HILDEN So far, this year has been tumultuous for Jay Bennish, who teaches social studies at a public school in Aurora, Colorado. On February 1, the day after President Bush delivered the State of the Union, Bennish commented to his World Geography class that Bush's address:
Bennish added that he wasn't equating the President with Hitler, but some students were still offended. One student had recorded Bennish's comments on an MP3 player. This wasn't the only highly controversial remark that was captured--for example, Bennish also called America "probably the single most violent nation on planet Earth"--but it's been at the center of the uproar over the 21-minute recording. At the end of February, the school district placed Bennish on unpaid leave--triggering a protest walkout by at least 150 students (reports varied) at the school. The district says that Bennish violated a policy requiring teachers to present all sides of a given issue in a fair and balanced way. Bennish retained an attorney, David Lane, who was quoted in the Rocky Mountain News as saying "I know about 10 federal judges who are more than willing to teach the Cherry Creek School District what the First Amendment is all about." Last week, Bennish returned to the classroom. But as he and other public school teachers continue to exercise their First Amendment rights during class, what rules will apply? In this column, I'll argue that the Supreme Court's precedents do not give public school teachers like Bennish enough leeway. Current
Supreme Court Doctrine on Public School Teachers' Speech Rights Although Bennish's attorney talked a big game, it's not clear that he would have actually won his case in court. In part, that's because the two key Supreme Court precedents on public employee speech--Pickering v. Board of Education, decided in 1968, and Connick v. Myers, decided in 1983 -- are disappointingly limited. A third important case, Garcetti v. Ceballos should be decided in the next few months. It was previously argued before the Court, but will now be reargued on March 21, with new Chief Justice John Roberts and new Justice Samuel Alito participating. But Garcetti is unlikely to help the situation of public school teachers, specifically: Like Connick, it involved the rights of a very different kind of public employee: a deputy district attorney. Pickering is the source of
the balancing test that courts apply in public employee speech
cases: The test asks the court to weigh the employee's interest
in "commenting upon matters of public concern" against
the government's interest in "promoting the efficiency of
the public services it performs through its employees." The application of that test makes at least some sense when the context is a D.A.'s office: There, if internal disagreements about office policy are aired publicly, rather than being resolved hierarchically, the office's ability to function may indeed be undermined. (Indeed, a defense attorney may be able to use a deputy D.A.'s disagreement with his or her superiors as a way to get a jury to doubt a defendant's guilt.) But the Pickering test makes virtually no sense at all when the context is a public school classroom. Internal disagreements about politics among public school teachers -- at all levels of hierarchy -- are not damaging. To the contrary, they enhance the school's ability to function in its mission of graduating smart, informed, concerned citizens. But the test allows school districts to spin a continuing disagreement over what should be taught as "a lack of efficiency in the delivery of services" for which a teacher constitutionally could be fired. This kind of balancing test also means, in practice, that a court has a great deal of discretion to decide which side will win a given conflict over a teacher's speech. A better test would weight the balance strongly in teachers' favor--allowing them to win almost all the time, with rare exceptions. Teachers Should Be Recognized as a Special Kind of Public Employee Teachers, especially K-12 teachers who teach subjects like Bennish's, social studies, are a special kind of public employee--a kind that I believe should be favored under First Amendment doctrine, for several reasons. First, teachers like Bennish speak and write for a living--the core responsibility of their job is to lead class discussions and comment on student papers, often on political topics. Speaking and writing are "the public services" the school "performs through" its teachers, to quote Pickering's test. When speech is the very core of the public employee's job, surely First Amendment rights should be at their maximum. Second, teachers like Bennish have the job not only of speaking frequently on political topics, but also of teaching children and teenagers to speak on these topics, too. These students, too, have First Amendment rights--albeit, according to precedent, qualified ones. And they have First Amendment rights not only as speakers, themselves, but also as listeners. Constitutional law allows listeners to sue, even though the First Amendment formally only protects speech, because courts recognize that the value of speech is to the listener, not just to the speaker. For this reason, too, First Amendment interests are especially intense in this context. Yet courts still apply the same kind of balancing test they would if, say, a photographer at the Department of Motor Vehicles were to be fired for writing a letter to the editor complaining about being underpaid. Joe Kyle Versus Jay Bennish: Can We Mandate One Kind of Teacher, and One Kind of Teaching? To see how teachers' and students' First Amendment rights are intertwined, consider a Parsippany, New Jersey high school's recent mock war crimes trial of President Bush. They probably would not have organized the trial -- or, at least, could not have organized it as accurately and well -- without a teacher's help. (The same couldn't be said, for instance, of students at Boalt Hall, Berkeley's law school, who've capably held similar mock trials.) In Parsippany, the teacher who brought the trial together was Joe Kyle. Less a firebrand (or perhaps just savvier) than Jay Bennish, Kyle has defended the trial of Bush in the press by pointing out that soon, his sophomore class will also hold a mock trial of Andrew Jackson for his treatment of Native Americans, and that, while teaching at another New Jersey high school, he had another class hold a mock impeachment trial of then-President Clinton. Surely Kyle's approach is preferable to Bennish's. For one thing, Kyle is letting the students do the speaking, rather than engaging in his own lengthy rant. For another, Kyle is having the students present both sides of the question; Bennish presented just one: his own. And Kyle wisely obtained the principal's authorization before he went forward, whereas Bennish just spoke out. But allowing a school district to mandate, by law, that public school teachers include only Kyles, and no Bennishes, has its own costs, too. One of them is that line-drawing isn't as simple as it appears. Kyle and Bennish mark points on a continuum that ranges between teachers who openly preach their own politics, and teachers who provide a context for students to develop points of view. And it's hard to see where a given teacher really falls on that continuum--and dangerous, from a First Amendment perspective, to try to decide. Scrutiny of the content of speech by courts is a key First Amendment taboo--for such scrutiny, even if supposedly used in the service of classification, often amounts to censorship. The line drawing issue even occurs in the Kyle case--where the teacher has gone to lengths to prove his "neutrality." Is Kyle's trial really as neutral as he spins it to be? Not according to conservatives in the community--some of whom are angry that the trial is even being held. And they have a point: Holding the trial does, to some extent, require political judgments. One is the judgment that such claims are not entirely frivolous, and that there may be enough evidence for a war crime trial against the President. That's something the Bush Administration, for one, would forcefully deny. In addition, the mock trial tacitly assumes another political point the Bush Administration would dispute: that any tribunal ought to have jurisdiction to determine whether America has violated international law. When it comes to the International Criminal Court, the Administration has fought its jurisdiction tooth and nail. In short, if we choose a legal test to weed out the Bennishes, we may well have to sacrifice the Kyles, too, for the sake of consistency. The Search for "Balance": Not Classroom-by-Classroom But Overall "Balance" always sounds like an attractive goal. No wonder, then, that in Pickering, the Court settled on a balancing test. Bennish's school district, similarly, seeks to require a "balanced" curriculum. But while balance may be an unequivocally good thing for Olympic skaters, it's quite the opposite for free speech. Teachers are going to have political positions. If they teach inherently political subjects -- like Social Studies, Bennish's subject, or Government, Kyle's subject--it's senseless and oppressive to force them to hide these beliefs. We wouldn't do it to students--who surely can't constitutionally be punished for voicing political sentiments in class. Restricting the speech of the very teachers who are supposed to help define and referee the free speech arena for students would be ironic at best, and tragic at worst. It's also counterproductive: When teachers must present arguments they think are dead wrong as if they were just as compelling as those with which they passionately agree, students will easily catch on to what's really going on. The only thing gained will be an atmosphere of taboo for the teachers: "Oooh, Ms. Green let slip she's a Republican in Civics! Like we didn't already know." Granted, sometimes a rare, talented teacher can truly play devil's advocate as convincingly as she can voice her own views, so that students genuinely question what she believes. But those who can't walk this thin tightrope are legion--and their failure to hide sincerely-held beliefs should not be a factor in their firing. In the end, there's a way to serve balance without forfeiting free speech: The school should focus instead on providing balance through all the years a given student spends in high school, not enforcing it on a given teacher in a given class. Classroom exercises--like Kyle's trials--that oppose different viewpoints should be the norm. Diverse Op Eds should be required reading. Liberal districts should take pains to hire conservative teachers, and vice-versa. Teachers should make sure to give a podium to students who hold opposite views, and to treat them fairly in the classroom, and in giving out grades. It's always hard to grade the work of someone who believes something contrary to what you believe: You may admire the arguments on the other side, but by definition, they don't ultimately reach you. But teachers need to try their hardest to fight against this inherent difficulty--a far better stance than pretending it doesn't exist. Measures like these are better, in my view, than futilely striving after "balance." After all, "balance" isn't required of our eighteen-year-old voters. What's required is that they make a choice--a political one. Julie Hilden practiced First Amendment law at the D.C. law firm of Williams & Connolly from 1996-99. Currently a freelance writer, she published a memoir, The Bad Daughter, in 1998. Her great new novel Three was just published by Plume. She can be reached at: julhil@aol.com. Julie's new website is a lot of fun. Have a look. This column originally appeared
on Findlaw's Writ.
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