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The Importance of Universities and Freedom of Expression


What follows is a new section of my website intended to make it easier to find my writings and reflections on issues flowing from current challenges to higher education and freedom of expression.

My remarks in June 2025 to my 60 th reunion at Yale give a brief history of how my views on the responsibility of university leadership to nourish and protect an environment that encourages freedom of expression, civil discourse in contentious issues and a respect for diverse cultures, backgrounds and views.

My own journey began in the 1960s at Yale, led by Kingman Brewster, and was refined in my years as president of the New School and The MacArthur Foundation and chair of the Human Rights Watch.
While our democracy faces real challenges, I continue to be a “realistic optimist.”

As President of the American Academy of Arts and Sciences, I appointed a Commission on how to strengthen American democracy and produced a thoughtful report entitled “Our Common Purpose.”

The introduction is included here.

Class of ’65 Talk

John Shattuck and I spoke to the Class of 1965 at the Yale Reunion in May of 2025. I spoke about freedom of expression on campus. See remarks below.

John Shattuck and I will offer some opening thoughts on the pressure universities are under these days and then open the floor for discussion. We want to hear your questions for Yale and thoughts about how it should respond- take the Columbia approach and compromise or follow Harvard and resist demands that would compromise the independence of universities and erode free speech and research on campus. 

John will talk about the pressure universities are facing and I will provide historical context from my experience at Yale and The New School. In my September 1990 Aims of Education address to first year students at the New School, I said “no one in this community should have to endure coercion, torment, ridicule, intimidation or exclusion or be subject to acts of enmity or insensitivity. Our university must be in the words of political theorist Amy Gutman, “a sanctuary of non-repression.” The question, I argued, went beyond free speech and I said policy “must not compromise the university’s commitment to freedom of expression.” 

In this difficult time, Yale has faired better than most universities in protecting freedom of expression and respecting and containing student demonstrations so they do not interrupt classes or speakers. 

The President and her team have given good leadership. But the key to why Yale has done better relates to its culture that is shaped by the Woodward Report and Yale’s respect for students of all backgrounds. Those values were cultivated in the late 1960s and 1970s 

I owe my intense commitment to the ability of any speaker invited to the New School to speak to my Yale experience and the Woodward Report. 

Kingman Brewster was my most important mentor and model in all the jobs I have had. 

He has conceded that he should have handled the Political Unions’ invitation to George Wallace in the fall of 1963 better. We were at Yale then and recall the controversy sparked by Kingman’s concern with what Wallace’s presence would mean to New Haven’s black community. That experience clarified his commitment for being sure that speakers invited by campus groups could speak. 

The next test that I recall was when I was in the President’s Office and was on the security team for William Westmoreland’s talk to the political union in April 1972. The crowd gathered in the Law School auditorium included many non Yale people prepared to disrupt the talk. In the judgement of Westmorland’s advance team Yale campus police were understaffed. Westmorland was having dinner at Mory’s and his staff recommended he not try to speak so he canceled. 

It was a national news story and Kingman wrote a letter of apology to which Westmorland responded that “I do not consider the actions of a few people to be a reflection of the attitudes of the student body, faculty and alumni of your distinguished institution.” He further said that at a reception and dinner that preceded the talk “I participated in open and candid dialogue that ranged over a wide spectrum of subjects- the exchange of views was quite rewarding.” He concluded by inviting 80 members of the Political Union to the Pentagon to continue the discussion. 

But the pressure on Yale built as William Rogers cancelled his speaking date at Yale in May. As you recall, alumni sentiment on Kingman was mixed given that he lead in admitting women, dropping the quota on admissions of Jewish students, and vigorous efforts to recruit more minorities. An alumni group Lux Et Veritas saw freedom of Expression as a good tool for attacking Kingman so it gave money to conservative students to invite controversial speakers likely to be shouted down starting with Harvard Professor Richard Herrnstein who studied the genetic transmission of human intelligence. Yale moved the event to Sprague Hall, had more police visible and the event was not disrupted. 

The next challenge was the nnvitation by the Political Union to Stanford Professor William Shockley who argued for genetic inferiority of blacks and proposed voluntary sterilization. The Black law student organization, The Black Student Alliance and others urged withdrawing the invitation and the political union voted 200- 190 to withdraw it. 

Next Lux Et Veritas re issued the invitation causing president Brewster to say “the use of free speech as game, the lack of sensitivity to others is reprehensible.” Lux Et Veritas backed down. Then another organization invited Shockley but also backed down. 

Not over yet. A new conservative student group “young Americans for freedom” invited him for an April talk. We picked 114 SSS as a place with few entrances, and a back door. We had police at the front door screening people as they entered. We spoke to Shockley telling him that there might a disruption and so he should sit down on stage while we quieted the audience. We assured him of our commitment to his safety and ability to speak. 

Sure enough there was a minority of the audience who shouted out. Sam Chauncy asked Shockley to sit down and sought to quiet the audience which eventually happened. Shockley was invited to resume his talk but instead went to the black board on stage and wrote “Shame on Yale” which caused even more people to shout out at the insult. Shockley turned to us and said “you see there is no free speech at Yale” Mission accomplished, he turned away and walked out the back door. 

The coverage on and off campus was painful. Kingman rightly thought we needed a process to clarify our free speech policy and commitment. He approved a blue-ribbon committee chaired by historian C Van Woodward that included Silliman Master Eli Clark, Bob Dahl, Marjorie Garber, Alumni leader Lloyd Cutler, as well as recent graduates and students. 

The committee documented the history I just summarized and was balanced in its evaluation of how Yale handled the challenges. It reaffirmed Yale’s commitment to a campus where outside speakers would be respected but also called for a deeper culture of Intellectual freedom where students could speak their minds and faculty pursue their research unfettered by internal or external pressures. 

And it got very specific about actions Yale should take. Some examples: 

  1. Reeducate the community on Yale’s commitment to intellectual freedom and to discuss speech rights in every college and school 
  2. There was no right to protest in the Yale building and disrupt an event. 
  3. And if an event in lecture hall has dissenters they should not disrupt the event and stop when moderator asks
  4. University should be better prepared- restrict attendance to potentially controversial events by requiring a Yale ID card for admissions, select venues easy to defend. Announce Sanctions in advance and implement them. Have a special tribunal to discipline disruptors

The Woodward report has guided Yale for a half century now- recommendations and principles still relevant. As a consequence, Yale has done better than most Universities in handling protests on key public issues and making Yale “a sanctuary of non repression” a culture where freedom of speech and thought are respected. Not perfect we know but clear in its policies and committed to following through. 

And a model for other universities. Let me give you a brief history of how I applied what I learned to the New School in New York where I was president for 17 years. In my early days, September 1982, marine recruiter were disrupted on campus and touched off a conflict between the undergraduates being recruited and the graduate students who disrupted the event. 

I was sorry to learn that the New School had no policies in place on free speech- and had learned nothing from the Woodward Report.

So, I appointed the New Schools’ own version of the Woodward committee chaired by Ira Katznelson, the new Dean of the Graduate Faculty. It began as a university in Exile in 1934 recruiting and rescuing Jewish intellectuals from Germany and elsewhere in Europe so protection of scholarly freedom was in its DNA. 

The Katznelson committee provided an excellent draft which I then circulated to the whole New School/ Parsons community and had 6 months of discussion so it would have wide community buy-in, including from students. Its central premise was “A University in any meaning sense of the term is compromised without unhindered exchange of ideas, however unpopular, and the assurance that both the presentation and congregation of ideas takes place freely and without coercion.” 

And the report was clear on specifics “we believe strongly that any bona fide faculty or student organization has the right to invite to the New School speakers representing any and all points of view; that the University has an obligation to provide available space… most important that all members of the Community share in the obligation to ensure such events and forums proceed without an abridgment of the right of the speaker to be heard.   

That policy worked well for 5 years until Prime Minister Yitzhak Rabin came to speak in 1990. We knew the event could be subject to disruption so we cut off ticket sales several days in advance. Rabin’s security guards were on the stage behind a curtain, worried because anti Palestinian leader Meir Kahane had been recently assassinated in Brooklyn. 

As president I briefed Rabin on our free speech policy and asked him to yield the podium to me if interrupted. I introduced him and within minutes Palestinians scattered around the auditorium in the middle of rows shouted out. I tried to take the podium to give the warning to the crowd but Rabin pushed me away- on three separate tries. I sent a message to my deputy who was working with the police to send them in but they refused because Rabin was arguing with the crowd. So, I made a determined 4th attempt to move him not knowing he had decided to yield so we fell over clutching each other. I then asked for the police to come in which they did and quickly cleared the protestors so Rabin was able to give his full talk. 

I tell the story in detail to make a point. The Woodward and Katznelson reports don’t automatically work. When a controversial speaker or protest is predicted, a university team lead by the president needs to make detailed plan to choose a cite and configuration that makes it hard to assemble a protest and possible to break it up if it threatens to cancel the event. I favor having the president play a leading role. Happily, the New School never experienced any other instance when a speaker was prevented from speaking. 

That said, events like Rabin at the New School and on campuses this year do inhibit freedom of thought and speech. Self-censorship grows and some decide not to say or write what they think on an issue and controversial speakers are not welcomed. So the leadership of the university has to work purposefully to encourage students, faculty and organizations to invite whom they want to hear from and set up debates between opposing views. 

A vibrant democracy depends on the leadership of universities creating safe spaces where people can research, write and talk about issues they believe are important. Upcoming generations need to learn the art of civil disagreement and how to search for ways to bridge differences of views, backgrounds and political ambitions. 

I think Yale has done better than most universities in meeting this challenge owing to the leadership of Kingman Brewster, and the Woodward Report on building a culture that respects- even nourishes- freedom of thought and speech. I mentor many students at Yale and am encouraged by how they are navigating this difficult time- but also by their commitment to work directly to preserve and improve democracy. 

International Anti-Corruption Court

Momentum is building to support the creation of an international anti-corruption court, led by Integrity Initiatives International (III), of which I am a board member. Please share the declaration, linked below, with your networks. It has a impressive list of signatories supporting the effort.

Declaration in Support of the Creation of an International Anti-Corruption Court

Please also see the accompanying press release, copied below.

30 Nobel Laureates Join Calls for An International Anti-Corruption Court

April 20, 2022 05:48 AM Eastern Daylight Time

BOSTON–(BUSINESS WIRE)–Integrity Initiatives International (III) announced today that 30 additional Nobel laureates have signed the Declaration calling for the creation of an International Anti-Corruption Court (IACC).

The Declaration, first released in June 2021 with the signatures of more than 100 world leaders from 45 countries, has now been signed by over 200 eminent persons from more than 60 countries. Since June 2021, working with international partners to establish the International Anti-Corruption Court has become official foreign policy in both Canada and the Netherlands.

Earlier this month, Dutch Foreign Minister Wopke Hoekstra asked his European Union counterparts to work with the Netherlands to establish the IACC. He said, “Corruption among public officials isn’t just a financial problem; it also undermines democracy and the rule of law in a country and exacerbates inequality among its people. And of course, it’s a form of criminality. Not only does the country itself suffer, but other countries’ interests are harmed too.”

Foreign Minister Hoeksta continued: “By establishing an anti-corruption court, the Netherlands aims to strengthen the international legal order. But to make this happen, we will need the support of many other countries.”

To obtain that support, the Netherlands, Canada, Ecuador, and other partners will hold a conference of ministers from many countries later this year on international efforts to tackle corruption, with particular focus on the International Anti-Corruption Court.

The Declaration advocates for a new international court to punish and deter grand corruption – the abuse of public power for private gain by a nation’s leaders (kleptocrats) – which thrives in many countries and has devastating consequences for climate change, human rights, human health, and international peace and security, as has been made tragically evident by the war in Ukraine. New signatories to the Declaration being announced today include:

  • Jody Williams, Nobel Peace Prize Laureate from the U.S. and founding Coordinator of the International Campaign to Ban Landmines
  • José Ramos-Horta, Nobel Peace Prize Laureate and former President and former Prime Minister of Timor-Leste
  • Leymah Roberta Gbowee, Nobel Peace Prize Laureate from Liberia
  • Tawakkol Karman, Nobel Peace Prize Laureate from Yemen
  • Rigoberta Menchú Tum, Nobel Peace Prize Laureate from Guatemala
  • Muhammad Yunus, Nobel Peace Prize Laureate from Bangladesh, founder of the Grameen Bank, and recipient of the U.S. Presidential Medal of Freedom

The Declaration and full list of signatories can be found here.

The new signatories have voiced their support for the IACC because they recognize that the global community needs innovative tools to combat corruption.

“Tackling corruption is fundamental to bolstering democracy around the world. New international institutions are also critical elements of strengthening multilateralism and the rule of law which have been under attack in recent years,” said Jody Williams.

“I am impressed by the quality of world leaders who have expressed their support for this initiative, reflecting growing awareness of the extent to which corruption undermines human progress and democracy. I am confident that we can find the political will to make this happen,” said Augusto Lopez-Claros, former Chief Economist at the World Economic Forum and current Executive Director of the Global Governance Forum. Lopez-Claros now serves as a Co-Chair of the newly formed International Coordinating Committee for the IACC campaign.

The Declaration in support of the IACC and the broader campaign for the IACC have been organized by Integrity Initiatives International (III), a non-profit with the mission of strengthening the enforcement of criminal laws against kleptocrats.

United States District Judge Mark L. Wolf, the Chair of III and a Co-Chair of the International Coordinating Committee for the IACC, stated that, “III has long focused on Vladimir Putin as epitomizing the kleptocrats who are the worst abusers of human rights yet enjoy impunity for their crimes in the countries that they rule. Tragically, as former UK Prime Minister Gordon Brown recently wrote, ‘Every day Putin continues to hold power, the case for an International Anti- Corruption Court grows.’ If the IACC had been established years ago, it is more likely that Putin would now be in prison, rather than criminally killing Ukrainians.”

Improving Immigrant Access to Justice: Innovative Approaches

On May 14, 2014, Roosevelt House hosted an event that looked  into the state of immigrant justice in America. Mirela Iverac of WNYC moderated a panel that consisted of Justice Robert KatzmannChief Judge of the United States Court of Appeals for the Second Circuit, Angela FernandezExecutive Director of the Northern Manhattan Coalition for Immigrant Rights and co-founder of the New York Immigrant Family Unity Project, and Peter L. Markowitz, Interim Executive Director of the Immigrant Justice Corps. Jonathan provided introductory remarks, which are included below. Video will be made available shortly.

Improving Immigrant Access to Justice: Innovative Approaches

May 14, 2014

Good evening, I am Jonathan Fanton, Interim Director of the Roosevelt House Public Policy Institute. It is my pleasure to welcome you to a discussion on innovative approaches to improving immigrant access to justice.

Eleanor and Franklin Roosevelt would have been pleased that we gather in their home tonight to explore this topic so central to our values and national character. Hear Franklin’s words in his October 1940 radio address to the Herald Tribune Forum. He spoke of how immigrants contribute to our country when he said:

“…These varied Americans with varied backgrounds are all immigrants or the descendants of immigrants. All of them are inheritors of the same stalwart tradition—a tradition of unusual enterprise, of adventurousness, of courage ‘to pull up stakes and git moving.’ That has been the great, compelling force in our history. Our continent, our hemisphere, has been populated by people who wanted a life better than the life they had previously known. They were willing to undergo all conceivable perils, all conceivable hardships, to achieve the better life. They were animated just as we are animated by this compelling force today. It is what makes us Americans…They built a system in which Government and people are one—a nation which is a partnership and can continue as a partnership. That is our strength today.” It is this sense of partnership and our panelists’ commitment to fairness and the rule of law that brings us together tonight.

But I think FDR would be troubled, as we are, by these startling facts:

  • In New York City, 60% of detained immigrants facing deportation do not have attorneys by the time their cases are completed.
  • It is estimated that 40% of undocumented children are eligible for legal status but only a few have legal counsel to help them secure that status.
  • And individuals not detained but who face deportation are successful in their case 74% of the time if they have legal counsel, but only 13% if they are unrepresented. Quite a difference.

One of our panelists tonight, Chief Judge of the US Court of Appeals for the Second Circuit, Robert Katzmann, has taken the lead in addressing this shocking situation. In 2007 he gave the Marden Lecture at the Association of the Bar of the City of New York about the unmet needs of the immigrant poor. It was rich in evidence of how badly immigrants facing deportation were treated by both administrative and judicial arms of our government. And it was a clarion call for reform. “We are a nation of immigrants, whose contributions have been vital to who we are and hope to be. All too often immigrants are deprived of adequate legal representation, essential if they and their families are to live openly and with security. This failure should be a concern for all of us committed to the fair and efficient administration of justice.”

A year later, Judge Katzmann convened a study group on immigrant deportation made up of 50 leading lawyers in private practice, leaders of immigrant service organizations, government officials and more. It commissioned a New York Immigrant Population Study which documented the statistics I cited earlier. Its work lead to the establishment of two important projects we will discuss this evening.   Starting this year, the Immigrant Justice Corps-spearheaded by Justice Katzmann’s efforts – began its work of providing New York’s immigrant population with high-quality legal assistance.  The I.J.C. recruits from a pool of talented young lawyers and law students around the country, partnering them with non-profits that specialize in immigration assistance.  The founding of the Corps marks the largest expansion of immigration legal services in New York’s City’s history.

We have a distinguished moderator today who will help to facilitate what I know will be a thoughtful and lively discussion. I am delighted to introduce Mirela Iverac, a reporter for WNYC, where she covers topics on poverty and immigration. In 2013, Mirela won a Gracie award for Outstanding Reporter for her coverage of those issues.  Prior to joining WNYC, she was a freelance contributor to the New York Times. Mirela holds master’s degrees in journalism from Columbia University and in international affairs from the University of Cambridge, U.K.

Ladies and gentlemen, please welcome Mirela Iverac from WNYC who will introduce the other panelists this evening.

 

Robert Orr Introduction

On October 26, 2011, Jonathan Fanton introduced Robert C. Orr, United Nations Assistant Secretary-General for Policy Coordination and Strategic Planning. Orr discussed U.N. Secretary-General Ban Ki-moon’s agenda for his second term, and previewed the themes of the Secretary-General’s acceptance speech planned for January 2012.

Robert Orr – Introduction

October 26, 2011

Good evening. I am Jonathan Fanton, Interim Director of Roosevelt House, and it is my pleasure to welcome you to an event which exemplifies the mission of Roosevelt House. Our guest, Assistant Secretary-General of the UN for Planning and Policy, Robert Orr, will preview the themes that will animate Secretary-General Ban Ki-moon’s second term. Robert Orr is working closely with the Secretary-General in framing the priorities for the next five years, a daunting task given the daily crises, long term challenges, and opportunities to create a safe and more just world that lie ahead.

I came to know Bob Orr when I was President of the MacArthur Foundation and we worked on issues like reducing dangers from biological and chemical weapons, protecting the environment, advancing human rights and framing the new norm of the Responsibility to Protect, a commitment we have seen engaged in Kenya, the Ivory Coast and Libya.

I came to admire his vision of what the UN can be at its best, his commitment to make the UN an effective force for advancing humankind’s noblest instincts and aspirations and his ability to get things done. Widely respected and trusted by people and countries who do not trust each other, he is a human bridge of understanding, able to build coalitions that advance the Secretary-General’s goals.

He combines theory and practice as well as anyone I know. With a Ph.D.  and M.P.A. from Princeton’s Woodrow Wilson School, he has led the Belfer Center of Science and International Affairs at Harvard, served as Director of the Council on Foreign Relations in Washington,  published extensively on post-conflict situations, including Winning the Peace: an American Strategy for Post-Conflict Reconstruction and Keeping the Peace: Multidimensional UN Operations in Cambodia  and El Salvador.

On the practice side, he has been Director of the USUN Washington office and Director of Global and Multilateral Affairs at the National Security Council. In his current role he is responsible for the Secretary-General’s Policy Committee and is a policy advisor to Ban Ki-moon on counter terrorism strategy, climate change, food security, global health, reducing the dangers of WMD and more.

And we are particularly grateful to you, Bob, for encouraging the Secretary-General to preside over the official opening of Roosevelt House last year. His presence – and yours today – serve as a powerful reminder that within these walls Franklin and Eleanor Roosevelt helped conceive and develop the United Nations. Your talk today is central to the mission of Roosevelt house: bringing policy makers together with students, faculty and the general public to explore the most pressing issues of the day.

So we are privileged for an advanced insight into the agenda in formation for Ban Ki-moon’s second term and appreciate your openness to questions, reactions and suggestions during the discussion period to follow you rem