Friday, March 4, 2016

Talking to Our Students about the Election—Just Kidding!

I was walking out of our university cafeteria yesterday in my characteristically rushed state with an empty stomach, a couple of “To Go” boxes intended to last through midnight, and a 12:30 p.m. meeting with students just minutes away when a young man I did not recognize (an undergraduate student perhaps?) leaned across a poster and said something. My mind rapidly assessed my priorities as I noticed his highly corrective glasses, a discreet hearing aid, and a pronounced speech disability. The cascading moments came to a standstill, and I apologized. “Would you please promise to never use the ‘R-word’?” he repeated as he handed me a pen.

“Of course,” I said, as my hand tried to scribble a flourished signature across the top right-hand corner of the poster. The white space remained nameless. My pen was dry. As I borrowed another pen from a student sitting nearby, my eyes scanned the writing across the top of the poster: “Pledge to End the R-Word.” I wondered who this young man was, what his disability was, whether it mattered, and what would become of him and his pursuit of dignity and respect after the U.S. presidential election.

The Super Tuesday results were so definitive the night before that the leading candidates for both parties were announced well before bedtime. The night was restless. It was clear to all that the 2016 presidential election had become an interminable political version of the “The Jerry Springer Show,” but without a remote, volume control, mute function, or an on/off button.

Worse than the reality show nature of the election is the fact that support for the leading Republican candidate appears to increase with the frequency of comments and gestures and policies that are degrading to the disabled, women, minorities, and immigrants. Crowds applaud when he advocates for widespread discrimination against legally protected groups. They holler and cheer when he pours forth chest-thumping threats celebrating violence. And they laugh when he physically impersonates people, like the young man standing before me whose spine appears slightly bent, and his hands just a little curled. Yes, he is different, but not much. We all are—just a little bit different—but mostly the same.

The candidate also uses the “R-word.” Indeed, he uses a lot of words. “I know words. I know all the best words,” he has bragged with a bravado bred in fear and born from cowardice. “Is the R-word one of them?” I wonder.

And so I occasionally speak out, largely in my home or more often in my mind. Occasionally, there are hushed conversations, but mostly I am silently screaming. The first time I found myself silently screaming was the night of the Iowa caucuses. It was one of the busiest weeks of the semester, with client interviews running late into the evening. The clinic was humming and rushing with students and staff hurrying between our clients and our iPhones and computer screens watching the caucus results roll in.

As I walked into the student lab, I casually asked a student looking at the results on his computer screen, “Who are you voting for?” I immediately wanted to take my words back. Our teacher/student relationship gave me almost all of the power and privilege, and my job as an employee of a 501(c)(3) organization, especially while doing my job at my place of employment—8:00 p.m. or not—had brought me perilously close to an improper interaction.

I have been advising non-profits for nearly 20 years; teaching our students non-profit law in our Business Law Clinic for nearly ten. I knew the words nearly by heart: “[501(c)(3) organizations] may not participate in, or intervene in . . . any political campaign on behalf of (or in opposition to) any candidate for public office.” Part of the erasure I desired was that I did not want to say anything that would jeopardize my employment or the tax-exempt status of my university, but a larger part of my desire was that I did not want to abuse my relationship with a student—a relationship in which there is an inherent imbalance of power.

But it was the student’s response that fundamentally compelled my desire to unlive the moment. He proudly and cavalierly told me he was voting for the candidate who not only uses the R-word, but condones war crimes, torture, discrimination, and assault--someone who publicly observes that some women “look good on [their] knees.” And I want to scream. I knew that the candidate had a sizeable (and growing) following, but I assumed that they were comprised of “others”—not well educated, high performing students working on their doctorate degrees. Not my students.

As my mind raced with ideas about how I could justify “setting this student straight” due to the unique role of law professors in educating our students (and our larger communities) about Constitutional rights, humanitarian law, justice, human rights, and so much more, I said nothing.

I wonder whether in trying to protect my job, I will fail to do my job. Yet, my voice remains silent and my pen is dry.

Well, at least from 9-to-5, and occasionally, from 9-to-8.

https://lawprofessors.typepad.com/clinic_prof/2016/03/talking-to-our-students-about-the-electionjust-kidding-.html

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