E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
Dr. Naomi Graber on the University of Chicago and "safe spaces." Seems right to me.
Dear Dr. Ellison,
In your welcome letter to freshman, you maintain that "you
do not condone the creation of intellectual 'safe spaces' where individuals can
retreat from ideas and perspectives at odds with their own." You seem to
feel that students cannot "speak, write, listen, challenge, and learn,
without fear of censorship" in such "safe spaces." I
respectfully suggest that you do not understand the concept of
"intellectual safe space."
Here is my conception of "safe
space," which I include on all of my syllabi for classes that include
discussion:
Discussions as "Safe Space"
One of the advantages of the college classroom is that it gives
students an opportunity to try out new concepts, arguments, and ideas, even
though they may be somewhat “half-baked.” Often there will be no “right” or
“wrong” answer, merely opinions or positions that are well- or
poorly-supported. You should feel free to throw out “half-baked” ideas just to
see if they work.
You may be surprised to find support among other students. Other
times you may find that the notion does not hold water, and may be discarded.
That is also okay! Trial and error is an essential part of the learning
process, and your discussion grade is based on participation, not on
“correctness”; you will not be penalized for being “wrong” during discussion
sections. In this light, it is imperative all discussions sections remain
respectful and collegial. Inevitably, everyone at some point voices an
unpopular opinion, or takes a position that turns out to be unsupported, if not
in this class, then at some point in the future. We ask that you challenge
ideas, not people.
In my experience, students cannot "speak, write, listen,
challenge, and learn" without feeling safe from reprisal, either from
their professors or from their colleagues. Students should have a place where
they can challenge and be challenged without being demeaned or having their
grade lowered, a place where they can learn to admit that they're wrong and not
be ridiculed for it. (This is not to say that I do not grade on being right or
wrong in my classes---students are tested on facts using traditional exams, and
essays are graded on whether or not arguments are well-supported.) There should
be room in college for students to fail safely, to re-think and re-conceptualize
without worrying about ad hominem attacks. That, to me, is how a classroom
should be considered a "intellectual safe space," and from speaking
with friends and colleagues, that seems to be the working definition most
faculty use. Your chimerical "safe spaces" where "individuals
can retreat from ideas and perspectives at odds with their own" do not
exist in any of the classrooms I have ever been in.
Far from "fostering the free exchange of ideas," you
are telling students they should expect intellectual intimidation, that
disagreement itself is unsafe, and that they should always been on the
defensive. "Suit up," you tell them, "because this is going to
be a fight." I prefer the metaphor of discussions as collective
exploration where discoveries are made, rather than as battles which are won or
lost. I encourage you to explore how your faculty might be using the term
"safe space" before you condemn it.