Clueless Coeds Court Legal Liability

Censorship is alive and well, even celebrated, on the Binghamton University campus by the feckless student leadership of WHRW radio.

I and my co-host have a weekly, hour-long public affairs show at 6PM on Wednesdays.  We were thrilled to secure a long-form interview with noted University of Pennsylvania law professor Amy Wax. What made this a real coup is the fact that Wax is a nationally known, super-high-profile educator and the first tenured professor in the nation to be sanctioned for her opinions by a year-long suspension preceded by a multi-year Star Chamber-like sham investigation and trial, as well as a significant pay-cut.  Because of Wax’s situation, constitutional issues regarding first amendment violations were ripe for discussion and we were planning on fleshing out these issues during our interview.

We thought that the leadership of WHRW would be as excited as we were.  Ironically, instead now Binghamton University has itself trampled on Professor Wax’s first-amendment rights.

The WHRW Public Affairs director emailed us a few days before our interview to remind us of our obligations to abide by FCC and radio station regulations, (which we had never previously violated.) She stated, “Given the controversial nature of certain relevant topics, we want to make sure you are up to date on and in compliance with FCC and WHRW rules and regulations.” Additionally and inexplicably, she emphasized our duties to avoid profanity, indecency and obscenity, as if this was somehow a concern, which it was not. And finally, she said this: “Secondly, given the nature of the guest and topics you wish to discuss, we will need a full list of questions and topics that are to be discussed, in advance, as to make sure that we are in compliance with all rules and regulations.” 

Even though these demands were unprecedented and unreasonable, we promptly answered her concerns only to have a second set of conditions made by the General Manager of the station. Here is a part of those demands, “Given the harmful nature of Amy Wax’s statements, which have led to the University of Pennsylvania sanctioning her, I am concerned that this interview may not only fail to be educational but may potentially harm our listening community. In order to go forward with this interview, you must provide me with a transcript of the questions you will ask Wax, as well as a written statement explaining how you will ensure that the interview does not result in the airing of harmful statements and language. Please have this to us by the end of the day on Monday, October 28th, so that we may review it before the proposed interview.”

We again answered all of these new concerns, only to be informed, 5-minutes before our

show was to air, that Professor Wax was not going to be allowed on the station. Clearly, denying Wax a voice was their intention from the beginning and all of the rhetoric was pro-forma and in obvious bad-faith.

Here is what station management said:

The WHRW Board of Directors had decided via vote that the interview with Amy Wax cannot go on as scheduled. Having her on air does not fulfill our mission statement as described in our organizational constitution. We thank you for your understanding.”

Well, save your thanks because we do not understand.

After a careful review of the WHRW mission statement, we could find no “mission” that prescribes active censorship, the refusal to hear opposing viewpoints, or the wholesale closing of small minds apparently allergic to free expression and the exploration of what is the truth. This little group of ill-informed and constitutionally-illiterate student station managers has exposed the university to likely legal consequences for the blatant violation of constitutional protections as enshrined in the United States Constitution.

After considering what we might do next, we learned about a former Penn law overseer that had resigned his trusteeship in defense of professor Wax.  After reaching out to former trustee Paul S. Levy, he graciously accepted our invitation to be a guest on our show, only this time we made no advance notification so that the WHRW Overlords couldn’t censor us.  Fortunately, Levy was the focus of our last show and he explained what happened to professor Wax in some detail, of course enlightening and informing the audience in a way station management had previously declared, “… not fulfilling our mission statement,” which of course was a red herring for their will to simply shut down voices thy happen to disagree with.

The following quote from a Kamala Harris speech sums it up nicely:

What else do we know about this population, 18 through 24? They are stupid. That is why we put them in dormitories. And they have a resident assistant. They make really bad decisions.”  

I am truly saddened to witness the failure of Binghamton University to properly educate their young charges, failing to press them out of their pre-conceived and shallow opinions and to face opposition because the only way to test ones hypothesis is by challenge and examination. These poor kids have been taught what to think but not how to. 

Let’s not forget, every radio has an off button.

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