August 22, 2007

No Prosecution For Max Karson Over Virginia Tech Comments

No prosecution, no apologies:
A University of Colorado student arrested over comments he made in class following the Virginia Tech massacre accepted a deal in Boulder County District Court this morning that will leave his record unscathed if he stays out of trouble for a year.

CU junior Max Karson agreed to a “deferred prosecution” of the charges filed against him after he sparked a First Amendment firestorm in April with controversial comments during a classroom debate about the Virginia Tech shootings.

That means Karson won’t be prosecuted, he isn’t pleading guilty — he doesn’t even have to apologize for his remarks that upset several students — if he stays out of trouble for a year.

“I won’t see you again, right?” prosecutor Rob Shapiro asked Karson at the hearing.

Karson’s response: “Right.”
A victory for free speech, right? No--Karson should be more aware of "potentially" harmful statements:
Boulder County Judge Noel E. Blum said during the hearing that he has few concerns about approving the deferred prosecution, and he doesn’t think Karson will be back before the court.

Still, the judge warned Karson to think about the people he affects with his words, not just whether he’s allowed to speak them.

“This, to me, has more to do with humanity than First Amendment rights,” Blum said. “Part of being an adult means knowing how your actions affect other people. Just because we can do something, doesn’t mean we should.”

Blum challenged Karson to consider being decent and sensitive before engaging in potentially hurtful dialogue.
Did Karson lack tact? Probably. But isn't college about making bold, often offensive statements? Apparently only if you are Ward Churchill.

**Update from comments--Karson interview on 850KOA

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April 24, 2007

Student Defends Max Karson, Says Comments Taken Out Of Context

An anonymous student from Max Karson's "Historical and Contemporary Issues of Black Women" class defended the comments he made that led to his arrest last week after the VT massacre:
One student who's in the women's-studies course — who said the class has about 25 women and four men — thinks Karson's comments were taken out of context.

"Max is honest, and people aren't always willing to hear what he has to say," said the student, who didn't want her name published.

She said Tuesday's debate started as an effort to understand how someone could go on a killing spree like the Virginia gunman's.

Karson — who circulates a controversial underground publication called The Yeti on the campus — told his peers that he thinks institutions provoke anger in people, which eventually causes them to "crack," the student said.

"He said, 'Anyone who has walked on this campus and hasn't wanted 30 people dead is lying to themselves,'" she said.

When Karson was asked why institutions make him so mad, the student said Karson used the women's-studies class to illustrate his point: The room was in a basement and had unfinished walls and fluorescent lights.

According to a police report, Karson said: "The basement room with fluorescent lights and the unfinished wall make him angry enough to kill people."

"But I didn't feel threatened," the student said. "He was just theorizing in an intellectual discussion about why people kill."

Police said one of the more-serious comments students reported Karson making that day came as an answer to the question, "Are you going to do something Thursday?"

Karson's reply: "Well, not necessarily this Thursday," according to police.

But the student said that wasn't the end of Karson's statement. She said he added, "Or any other day."

"Generally, Max makes the class uncomfortable, and they disagree with him often," the student said. "But I think people were reacting in fear because 30 people had just died, and they don't want to be one of those people."
This revelation does not immediately exonerate Karson, but certainly contextualizes some of his statements. The case will certainly examine what types of statements constitute enough of a threat to engender fear--and justify the arrest on "interference" charges. If the case is weak, and it looks like it very well could be, then the CUPD arrested Karson for exercising his free speech rights, however off-color or speculative they might be.

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Playing The "Chickenhawk" Argument On The VT Massacre

John Derbyshire, Mark Steyn and Kathy Shaidle are conservative chickenhawks on the VT massacre? April says no, and I agree.

Shaidle--not blaming the victims, but the doctrine society operates under.

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