Stockton University Reaffirms Charge Against Student Who Used A Trump Background For A Zoom Class

download-1There has been a free speech controversy raging at Stockton University in New Jersey after doctoral student Robert Dailyda was hit by six student code of conduct charges after he used a picture of President Donald Trump as a back drop to a zoom class. Various students called the background a form of hate speech and a threat.  The school has now dropped five of the six charges but the remaining charge still constitutes a denial of free speech on social media.  The school maintains that Dailyda can be disciplined for saying that he would “fight to the death for our country.”Dailyda was originally charged with disruptive behavior; discrimination; harassment; hostile environment; harm; and bullying and cyberbullying. This follow a series of complaints over his use of the Trump background. Students objected that the image of Trump made them “feel offended, disrespected, and taunted.”

The remaining charge relates to a Facebook post in which Dailyda wrote saying that he would “fight to the death for our country.”  The posting was deemed to be disruptive behavior, which can lead to minimum punishments including probation, community service and a fine.

The group Foundation for Individual Rights in Education (FIRE) objected to the University:

“[B]oasting a willingness to ‘fight to the death for our country’ is rhetorical hyperbole often deployed to underscore the speaker’s unwillingness to concede an argument or position. As a public university, Stockton must tread carefully on metaphorical political rhetoric; we hope that this is not the hill Stockton wants to die on.”

I agree with that statement.
The action taken on the Facebook posting is just the latest example of schools investigating or punishment students or faculty for speech on social media. As a blog committed to free speech issues, we can defend students and professors from both the left and the right.
This particular incident magnifies those concerns. Here is the Facebook posting flagged in the Stockton letter linked below:
“I have gotten to the point that I have to say something. I love this country. We are a diverse, yet assimilated population from all backgrounds. I believe all must have the same opportunities and I commit to make that a priority. Beyond that, I am done with the leftist agenda of BLM and the white self haters. I have seen it in action in my doctoral classes at Stockton and the general media. I’m not backing down. If we can’t get past this, ok, I’m ready to fight to the death for our county and against those that want to take it down. I believe there are also many like me.”
That is all protected speech.  However, Stockton noted that there was a comment that was not written or responded to by Dailyda as the basis for possible discipline:
This post generated comments, one which was of concern in response to Mr. Dailyda saying “I’m surprised how many people are quiet…maybe not…”, this post stated “Bob Dailyda that’s what we do. (Quiet) but …we aim with precision. Boom done. No drama.” This response was not written or responded to by Mr. Dailyda but the reporting parties did mention the words sounded threatening and they were concerned that Mr. Dailyda may have similar views and thoughts of violence.
So Dailyda is being investigated for a comment left by someone else?  Google recently used this as part of its rationale for cracking down on conservative sites. As we have discussed previously, many sites have eliminated their comments section because of trolls, paid or bot comments, or offensive speech.  As one of the larger sites committed to free speech issues, we have resisted this trend to be open a forum for people to express themselves.  We have tried to respond to complaints about offensive speech and in relatively few cases we have barred those who engage in such commentary.  However, our comment section allows people to express their views and, while I often disagree with comments, I have tried not to censor them. Indeed, I routinely leave comments that insult me or say things that are demonstrably untrue about my past writings or testimony.  The reason is that I feel uncomfortable with the role of censoring, particularly when I am the subject of the criticism.
This type of action would allow individuals to place offensive comments on blogs or in social media for the purpose of triggering such actions. With tens of thousands of comments on blogs like Res Ipsa, there is a lower chance of detection.  However, even if detected, why should Dailyda be investigated for a comment that he neither made nor supported?  My assumption is that many of Dailyda’s critics have comments that are equally reckless or threatening. However, those comments are not being addressed.  The concern is that schools like Stockton work too hard to find grounds for disciplining conservative students or faculty while turning a blind eye to similar rhetoric from those opposing them. The answer is free speech. To allow people to speak freely, including denouncing such postings as part of a free and open debate.
Stockton needs to drop this final charge against Dailyda and reaffirm the principles of free speech that sustain higher education.

Here is the Dailyda letter detailing the complaint on the Facebook posting: Stockton letter

68 thoughts on “Stockton University Reaffirms Charge Against Student Who Used A Trump Background For A Zoom Class”

  1. Good post, JT! Bravo for your refusal to censor comments! You serve as a good example of a rare writer AND ACADEMIC with a spinal cord. Inside Higher Ed recently eliminated its comments sections. With that regard, I wrote an essay, “Academic Fragility,” and sent it to IHE. Unsurprisingly, the editors did not respond. The essay can be read on the New English Review blog site here: https://www.newenglishreview.org/blog_direct_link.cfm?blog_id=69884.
    G. Tod Slone, Ed.
    The American Dissident
    http://www.theamericandissident.org

  2. “…YOU JUST NEEDED THE WILL TO DO WHAT THE OTHER GUY WOULDN’T.”

    – Roger “Verbal” Kint, The Usual Suspects
    _________________________________

    George Washington

    “With men and officers being shot down all around him, George Washington rode forward to take charge of the collapsing lines at the Battle of the Monongahela on July 9, 1755. While riding along the ranks looking to steady the men, Washington had two horses shot out from under him and four bullet holes shot through his coat.

    “At the Battle of Princeton (January 3, 1777), Washington rode forward on his white charger as he led his soldiers in a successful counter-attack against the British. At one point Washington was no more than 30 yards from the British line and was an easy target. Despite the widespread fears that he would be shot down at any moment, Washington was heard to say to his troops, ‘Parade with me my fine fellows, we will have them soon!’”

    – MountVernon.org
    _______________

    America is in a condition of hysteria, incoherence, chaos, anarchy and rebellion.

    President Abraham Lincoln seized power, neutralized the legislative and judicial branches and ruled by executive order and proclamation to “Save the Union.”

    President Donald Trump must now seize power, neutralize the legislative and judicial branches and rule by executive order and proclamation to “Save the Republic.”

  3. “Trump delenda est” — Latin for “Trump must be destroyed.” And don’t doubt that this is what the Leftists want: not merely to defeat Trump, but then to prosecute him, his companies, his children, leading to their incarceration. (Since the Leftists do want to eliminate prisons, they will no doubt want him and his sentenced to serve time in “re-education camps.” Pretty days coming. Anyone who doubts the dangers we face should read “A Tale of Two Cities,” Dickens’s evisceration of the French Revolution, and “The Aftermath of the Russian Revolution,” by Kathlyn Gay. Chilling reads, but long overdue. And, critics take note: I do not recommend only “Dead White Male” authors. The book about the Russian Revolution is by a woman who is a Gay. (Ha !! Ha!! — O.K., not very funny.)

  4. More examples of the famous leftist tolerance and understanding for which they are so well known.

    Wonder if a student would be disciplined for having a zoom background of any of the following?

    – The Brave Masked Wonderful Warriors of Antifa (TM)

    – Ernesto “Che” Guevara

    – Mao Ze Dong

    – Vladimir Ilyich Ulanov (i.e. Lenin)

    And where are those great purveyors of free speech in the ACLU? Oh, I get it, “hate speech” is not free speech, right? And leftists have this uncanny, infallible ability to determine such things.

    antonio

        1. They’d rather give up their rights instead of wanting them for everyone….even when you don’t agree. Once you give up a constitutional right, America will never get it back.

      1. Regardless if you dislike your current president, you NEVER take away someone else’s like of him. If you can post your insults and name-calling, then someone can post that they support him. when this kid goes to court, not only will he win the lawsuitm the school will have to pay a large settlement. If you don’t stick up for free speech for everyone, then you are for the removal of American rights.

    1. issacbasonkavich

      Here’s what needs to happen:
      ________________________

      Hong Kong Delays Election, Citing Coronavirus – July 31, 2020

      HONG KONG — The Hong Kong government said on Friday that it would postpone the city’s September legislative election by one year because of the coronavirus pandemic,…”

      “It is a really tough decision to delay, but we want to ensure fairness, public safety and public health,” said Carrie Lam, Hong Kong’s chief executive.

      – N.Y. Times
      ____________________________________________________________________________________________________________________

      “New Zealand PM Jacinda Ardern Warns She May Delay Elections over Coronavirus”

      “New Zealand Prime Minister Jacinda Ardern warned on Wednesday that she may choose to delay elections scheduled for September in response to a resurgence of the Wuhan coronavirus.

      “’We’re seeking advice from the Electoral Commission, just so that we make sure we have all options open to us. No decisions yet, as you can imagine, have been made,’ the left-wing NZ Labour Party leader said on Wednesday.”

      – John Hayward

      1. But, those countries don’t have a blithering idiot for a leader. This is an emergency. Trump opened today with his hair. He is going to repeal the law mandating low flow shower heads cuz he can’t get his hair perfect easily enough. Then he went on to state that he would not give the post office any more money because it would only help Democrats. Then to cap a blitheringly idiotic day, Trump stated that Kamala Harris may not be a citizen and it should be looked into. New Zealand can afford to wait. They have a reasonable person as leader. The US has a blithering idiot. Trump himself stated that Americans voted during WW1 and WW2 so why not now. It’s not the voting that bothers Trump. It’s the Democrats voting. Time to give this disgrace his walking papers. America cannot endure any more.

          1. Sorry but this country has no time for Status Quo Joe and the Hoe. Just Say No to Joe and Kammy the Hoe who slept her way into political power! What a role model for women. Not!! It’s a No Go, Joe! Got it?

            Trump 2020!! Four More Years! Yes!

                1. Oh George. Whoa nelly! That’s a negatory, my friend! Completely disagree with what you said there!! Sometimes it is a woman’s choice to not have children and sometimes it is not a woman’s choice. I choose to always be kind in that regard my friend. You can certainly leave behind a legacy other than a progeny of biological offspring. Not having children does not mean one is “nothing.” Not at all.

  5. So, Professor Turley, how about some comments on the traitor Trump’s not funding the Post Office so Americans can’t mail in their votes. The traitor Trump has openly stated that this is why he is not funding the post office, to stop people from mailing in their votes. Isn’t this a free speech, Constitutional, Bill of Rights, etc issue? Enough of the cheap shots at air head professors and other academics. This is far more important.

    1. My mailbox still gets filled with items….letters, packages, advertisements….the whole regular array.

      So….it would appear the Post Offices around the country are still funded and operating.

      You call the President a Traitor…..yet there have been no charges filed in court or legal actions that have led to a conviction for that Federal Crime.

      Thus….your calling him a Traitor shows your bias and your ignorance of the facts.

      What say you read up on the Law, develop your evidence and contact your US Attorney and see if any action can be taken.

      1. Ralph, you’re the same, stupid troll who dumbs-down every discussion on these threads. You’re one of the main reasons this blog is faltering as a discussion forum.

        1. @Seth Warner: Pot meet kettle!

          There are a handful of times you make me actually, literally laugh out loud (mostly I just sigh and shake my head at your inane blather). This was one of those times, Mr. Discussion-Dumber-Downer. Also, what metric are you using to announce the demise of Mr. Turley’s blog: You being outed as rhetorically inept and/or outright, summarily ignored by more and more posters?

          Thanks for the double LOL. You keep at it. By sheer volume of postings, you’re bound to say something intelligible. Eventually.

        2. REGARDING ABOVE:

          Seriously?!!! Are you out of your ——- mind???

          For said “main reasons,” you have only to glance in the mirror.

          Dang! It’s all on the Turley Blog, folks.

      2. “New Zealand PM Jacinda Ardern Warns She May Delay Elections over Coronavirus”

        “New Zealand Prime Minister Jacinda Ardern warned on Wednesday that she may choose to delay elections scheduled for September in response to a resurgence of the Wuhan coronavirus.

        “’We’re seeking advice from the Electoral Commission, just so that we make sure we have all options open to us. No decisions yet, as you can imagine, have been made,’ the left-wing NZ Labour Party leader said on Wednesday.”

        – John Hayward

    2. You my be the dumbest human being alive today. And you’re more full of shit than a walrus with a buttplug. Something you would enjoy, I’m sure…

      1. REGARDING ABOVE:

        Raj is the same troll as Ralph further above. For some peculiar reason Turley is letting this troll drive the blog to oblivion.

    3. REGARDING ABOVE:

      “Democrat Mail-In Corruption Ballots” are illegally moving the constitutional election day.

      No person may execute a ballot before…”the Tuesday next after the first Monday in the month of November…” in order that the president “…shall hold his office…[for]…the term of four years,…”

      On the Tuesday next after the first Monday in the month of November, an election must be held at a time, in a place and in a manner – mail-in votes achieve none of those requirements.

      Congress followed the Constitution by setting the election date.

      Democrats believe they are currently ahead in the polls and are illegally attempting to capture those votes before they change.

      Democrats cheat through “ballot harvesting” and democrats are, yet again, attempting to cheat by illegally moving the election “time, place and manner” and the election date.

      SCOTUS is derelict, negligent and highly criminal.

  6. Another good place to avoid when choosing an education for your children or employees from their graduates.

  7. This is a part of this “discussion” that is not mentioned enough: the fact that once accused of some silly willful misunderstanding of what another says or does, the road back to equanimity seems to be heavily laced with landmines by those who hold to the silliness.
    I use the word “silliness” advisedly. Either those who assert these ominous accusations are perpetrators of superficial analysis or they are deeply devious. I think most are the former but, regrettably, there are too many of the latter.

  8. He had to meet with a pair of the local karenwaffe over this, after which he was slapped with charges. It does strike you sometimes that the compliance people have turned much of our life outside the home into a replica of life inside the home, complete with the accoutrements of stupid and dishonest domestic arguments.

  9. If you are not terrified by these modern day Jacobins posing as woke leftists, you must be one of them.
    These are the true clear and present danger to our republic. All their talk about dictators, is just projection.

  10. If the background image had been of the mass murderer Mao or the psychopath Che Guevara, there would likely have been no complaints. This tale is just another sign of the leftward ideological tilt in academia. Keep in mind that when your bias is all in one direction, you end up going in circles.

    1. Recall during his Cuba visit when President Obama participated in a wreath laying ceremony. Obama personally orchestrated a move from the intended photo shoot in the garden where he had just laid the wreath over to his preferred backdrop with the Che mural looming large on the building behind him. Notice how proudly Obama holds his chin up high with his hero Che looking over his shoulder. Later Obama would do the Wave at a baseball game with Castro. Sickening.

      https://time.com/4266498/obama-che-guevara-cuba/

  11. I support Robert Dailya 100% and while I do not support Biden/Harris, Kamala Harris explained it the best when she said, “18 to 24 year olds are stupid!”

    1. And those “stupid 18 to 24 year olds” will prove Kamala right if they are foolish enough to vote for her. Oh, sorry, meant to say Biden. Ooops. wait, I’m confused by their whole process over there in Democrat-land. Who is top of the Dem ticket again? Is it Kamala?

      1. It’s “Kamala’s World.”

        The one-party communist state of California. The barren, pot-smoking woman with a nice white family, rented especially for this election, who has no real-life experience, who has never created one cent of wealth by endeavoring through hard work in private industry, won (i.e. appointed by the communist party) the U.S. Senate race against a fellow democrat (Californians had a choice – the democrat or the democrat). Like Obama, she’s a good party comrade, albeit one who got her “start” in politics on Willie Brown’s casting couch.

      1. Cindy Bragg – if Trump can play that on a loop, it will take care of Antifa, the Bernie Bros and BLM. 😉

  12. When a certain section of our nation finds the image of our sitting president a threat, it is time to tell them that perhaps they are residing in the wrong nation and a free ticket to any other location will gladly be provided – one way.

    1. Did you say “when?”

      Deja Vu with an exponent!!!
      ______________________

      “When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.”

      “…whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

      – United States of America
      _____________________

      The singular American failure has been and is the Supreme Court; the entire judicial branch.

      The 2nd Amendment was provided for vigorous exertion in the event of that failure.
      _________________________________________________________________

      “courts…must…declare all acts contrary to the manifest tenor of the Constitution void.”

      They didn’t. They haven’t.

      “[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”

      – Alexander Hamilton

    2. “…you just needed the will to do what the other guy wouldn’t.”

      – Roger “Verbal” Kint, The Usual Suspects
      __________________________________

      George Washington

      “With men and officers being shot down all around him, George Washington rode forward to take charge of the collapsing lines at the Battle of the Monongahela on July 9, 1755. While riding along the ranks looking to steady the men, Washington had two horses shot out from under him and four bullet holes shot through his coat.

      “At the Battle of Princeton (January 3, 1777), Washington rode forward on his white charger as he led his soldiers in a successful counter-attack against the British. At one point Washington was no more than 30 yards from the British line and was an easy target. Despite the widespread fears that he would be shot down at any moment, Washington was heard to say to his troops, ‘Parade with me my fine fellows, we will have them soon!’”

      – MountVernon.org
      _______________

      America is in a condition of hysteria, incoherence, chaos, anarchy and rebellion.

      President Abraham Lincoln seized power, neutralized the legislative and judicial branches and ruled by executive order and proclamation to “Save the Union.”

      President Donald Trump must now seize power, neutralize the legislative and judicial branches and rule by executive order and proclamation to “Save the Republic.”

  13. Thanks for your insight and open forum.
    Do you see a solution now that the snowflakes are of college age?

    Free speech is declining fast.
    Another person like Turley, who gets accused of being right wing, but isn’t.

    Jordan Peterson: Free Speech & the Right to Offend about 2 minutes long.

  14. I am glad FIRE is involved. There involvement usually means the university or college is going to lose money.

  15. The best way to reign in these fascists is for the Koch brothers and other billionaires to start funding legal actions against these universities, based on the sacred papers. There is enough loose change out there. It’s the same with the cities and police departments; the best way to get them to stop over reaching is to make them pay for it. What these universities are doing are not protected by basic rights. They should be seen as crimes and the perps should be charged. Newton’s third law needs to be invoked.

    1. Isaac:

      While I like the idea of suing departments and municipalities for wrongdoing, remember that it is the taxpayers who pay.

      In the end, the government officials and cops almost always escape personal responsibility.

      1. Precisely, and it’s the taxpayers that vote the idiots out. Democracy in action. It’s not about the left or right, it’s about the extremes. The extremes beget the extremes. Then comes polarization, extreme. A four party system, like in France, is a far better situation than this nonsense we have in the US, two parties, one more than a dictatorship. Far right, Center right, Center left, and Far left. The compromises will happen in the center where they belong and the extremes will serve as a warning of what will happen if compromise is not the goal and a place to dump the idiots that now pollute the governance of our country.

    2. Isaac, if you actually understood Newton’s third law, you would know that no one can voluntarily “invoke” Newton’s third law against anyone, other than yourself.

      Attempting to do so, is a sure way to suffer its effects in a negative way.

      “Vengeance is mine, I will repay, saith the Lord” – Romans 12:19, is the same as Newton’s third law.

      The “I am offended” buttercup types will eventually find out the hard way that their deeply ingrained sense of self-importance is their worst enemy.

      The Antifa/BLM acolytes attempting to kill people they disagree with, will eventually be perfect examples of that reality.

      1. For every action there is an equal and opposite reaction. This seems to be ‘invoked’ by the GOP. Mitch McConnell, “I don’t care if it is good for Americans or bad for Americans; if it comes from the Obama White House, we will block it.” This is an opposite reaction that was intended to be equal. The reaction is ongoing, as will be the action by President Biden to counteract the damage done by Trump.

        It is not an issue of revenge and has nothing to do with religion. It has everything to do with the polarization of America. Hopefully the ‘equal and opposite reactions’ will be mitigated by good sense, something that has been missing for the past four years.

        As far as the extreme left, they are just that extreme, neither progressive nor liberal. They are a third law example of pure reaction.

        1. Your confusing “religion” for knowledge.

          My brother is an atheist. Yet he is intelligent enough to know that there is a great deal of knowledge contained in the scriptures of many religions.

          I could care less about Democrats or Republicans. Partisanship, and the 2 Party (pick your poison) political system, is the core problem with the USA.

          It is nothing more than a control mechanism for the chattel.

          1. America’s two party system is a guarantee to the oligarchs. Both parties are subject to the financial input of oligarchs. No other Western nation allows this. We have a choice between two parties, one more than a dictatorship. I am reminded of Nikita Khrushchev voting. The West always loved to print a photo of Khrushchev voting with a big smile. Who’s smiling now? Not America, that’s for sure.

          2. don’t you touch my chattel, Rhodesia, don’t you touch it. 😉

            Oh wait, nvm, found out it was one of those Yellow Eyed / Black Vertical Slit folks, stole my sheep in the middle of the night.

            Thieves, I tell you!

Leave a Reply