President Bush's second nominee to fill the seat vacated by Justice Sandra Day O'Connor - Judge Samuel Alito - has demonstrated consistent and rational opinions in education matters.
Alito will have to endure harsh criticism and intensive character analysis before he can be elevated to the highest legal position in the U.S. He is clearly a conservative nominee, and will doubtless be grilled by liberals on abortion, gay rights and issues of congressional authority. Even though these issues will be much more scrutinized than his free speech support for universities, his lucid views on education are commendable. He has not only defended principles of our constitution, but he has also been an interpreter of the law, not an activist.
The nominee brings with him an impressive 15 year record as a judge. One of his most important decisions was last fall when he voted to strike down an existing Pennsylvania law which prohibited school newspapers from accepting alcohol advertisements.
This action was a significant step in defending the free speech rights. Not only was the law an attempt to prevent the paper from being paid for providing a legitimate service, but there is absolutely no evidence that alcohol advertisements increase student drinking.
This decision also represents Alito's ability to distinguish between the petty and the important. Alcohol is not something many people want to be associated with defending, particularly Supreme Court nominees. The clear issue here is not the ostensible support of alcohol advertisement, but freedom of speech. (Tufts administrators should take heed: Alcohol is not a universal scapegoat.)
Alito came down strongly in favor of free speech in 2001, again knocking down existing anti-harassment policy, noting that the concerns over protection of free speech outweighed any concerns that hate speech would disrupt the educational environment. The policy explicitly prohibited speech, conduct or writing which insult an individual based on race, religion, sexual orientation, and other personal characteristics.
It took courage to revoke this policy. By having that courage Altio showed his dedication to the educational environment. Vast resources are spent by colleges in an attempt to maintain a perfectly diverse, sanitized atmosphere. Hate speech can sometimes be harmful, but universities are comprised of students who have reached a level of maturity appropriate to distinguish between various forms of speech, even if it might be considerable to some.
Free speech has always been a violently disputed topic. Alito has shown through a consistent track record that he is a firm supporter. Doubters should beware of dismissing Alito as a conservative activist, as an examination of his educational record shows numerous wise rulings.
