Silverglate, Dershowitz Debate Campus Speech, Harassment Rules

Sexual harassment and First Amendment rights charged the discussion at the Harvard Law School (HLS) Forum last night with the appearance of Harvey A. Silverglate '67, author of The Shadow University, a book condemning speech codes enacted by American universities.

What began as a speech by Silverglate in favor of repealing all campus speech codes, particularly HLS' sexual harassment guidelines, became by its end a full-fledged debate with Frankfurter Professor of Law Alan M. Dershowitz.

An outspoken civil libertarian, Silverglate sparked controversy in 1996 by writing letters to the Wall Street Journal condemning the HLS sexual harassment policies--sentiments which he later incorporated into his book.

"The last place I had expected to see a speech code enacted was at my alma mater," Silverglate said, referring to the guidelines, passed in April 1995, which punished "any...speech...of a sexual nature that is unwelcome, abusive, and has the purpose or effect of interfering with an individual's work or academic performance or creating an intimidating, demeaning, degrading, hostile or otherwise seriously offensive working or educational environment."

Calling the measure "postmodern censorship," Silverglate said that the HLS faculty passed it not as a solution to legitimate claims, but in reaction to political disputes.

He cited a 1992 controversy involving the parody of New England Law School Professor Mary Joe Frug by the Harvard Law Revue. This publication sought to satirize The Harvard Law Review, which had published one of Frug's feminist essays shortly after she was murdered in April of 1991.

Silverglate claimed that the ensuing controversy, stirred by those who demanded punishment for the authors of the piece, was at the root of HLS's sexual harassment measure.

"One did not have to be a weatherman to know which way the wind was blowing," he said. "But this is an ever-changing place and the winds do change direction."

Dershowitz, who originally had been slated only to introduce Silverglate, rose at the end of the speech and spoke in defense of the HLS policy.

The ensuing audience question-and-answer period soon lapsed into a wide-ranging impromptu debate between Dershowitz and Silverglate.

Dershowitz said that he was arguing "a debate from a civil liberty perspective in a a University context."

As a member of the panel that voted for the measure in 1996, Dershowitz stressed the need for specific rules governing matters of harassment, as opposed to the mostly unwritten guidelines by which they were previously judged. He asserted that such safeguards would actually prevent individuals from being accused on groundless claims.

By the end of the session, which lasted more than double its intended time, the 70-plus members of the audience seemed split into support of both sides.

Silverglate's contention that the codes did not address a real problem was met with some opposition.

"I think women and other students are often afraid to make their voices heard," said Sarah Szalavitz, a first-year law student. "Our code tries to ensure an environment free of sexual harassment and persecution."

But Silverglate supported his position, saying that instances of sexual harassment by professors occur only very rarely; so that such a school-wide standard is unnecessary.

"We have standards that we understand and people don't do that," he said.