The Columbia student was a former soldier in the Israeli Defense Force, and so the narrative immediately went to toxic chemical weapons, allegedly causing “headaches, fatigue, and nausea,” causing pro-Palestinian protesters to seek medical attention. It was, as Aaron Sibirium called it, “a progressive fever dream.”
Pro-Palestinian protesters told the Columbia Spectator they had been sprayed with “skunk,” a crowd-control chemical developed by the Israeli Defense Forces, at a rally in January. Mainstream media amplified the allegations, and Columbia suspended a student involved in the “attack”—who had previously served in IDF—within days.
The narrative was a progressive fever dream: At one of the best universities in the country, an Israeli student had deployed chemical weapons against peaceful student protesters for challenging the alleged depredations of the Jewish state.
Unsurprisingly, Columbia suspended the students within days, with President Minouche Shafik repeating the claim that the student sprayed protesters with a toxic chemical weapon. Except it wasn’t.
It now appears that the “toxic chemical” was a harmless fart spray purchased on Amazon for $26.11.
According to a lawsuit filed against Columbia on Tuesday, the suspended student had in fact dispersed “Liquid Ass”—a “gag gift for adults and kids,” per its product description—at an unsanctioned pro-Palestinian rally. He sprayed the substance in the air, not at any particular individual, in what the lawsuit describes as a “harmless expression of speech.” The result was a swift suspension for which the student is now suing, alleging that the university “rushed to silence Plaintiff and brand him as a criminal” through “biased misconduct proceedings.”
Was this a chemical attack on protesting students or a protected expression of opinion, of outrage against the antisemitic protest? Was this student’s suspension, in contrast to the University’s failure to do much of anything to restrain protests in violation of University policy, to protest Jewish students from flagrant antisemitism from students and professors, a violation of Title VI and the duty owed by Columbia to its students?
The university has seen a raft of protests—many of them held in violation of university rules—where students promoted the attacks and chanted slogans like “Intifada” and “glory to our martyrs.” One unsanctioned event, “Resistance 101,” featured speakers from Israeli-designated terror groups and praise for plane hijackings, which Khaled Barakat, a member of the Popular Front for the Liberation of Palestine, described as an “important tactic” of the “Palestinian resistance.”
In testimony before a House committee, President Shafik conceded under heavy Republican pressure that Columbia had some serious antisemitic issues. But does that make spraying “fart spray” protected speech in reaction?
Had the student, in fact, sprayed a toxic chemical, there would be little question but that it fell outside any protection for free expression. But what about when it’s not a secret IDF toxic chemical, but “Liquid Ass”—a “gag gift for adults and kids”?
There’s an adage that while you may have the right to say something, that doesn’t mean you should, and regardless of whether spraying “fart spray” is protected or not, it reflected a poor exercise of discretion. But was its purpose to express the student’s outrage or vehement disagreement with those supporting terrorism and the murder of Jews? Certainly, free expression isn’t limited to the spoken word, and expressive conduct, from signs to photographs to beating drums to marching are all protected, and common, means of expression an opinion.
The difference here is that “fart spray” might well have been a rather strong means of expression, but it also left a residual stank on others beyond mere expression. It might not have been toxic, but it was noxious. It might not have done harm beyond the hysteria of assuming it was medically toxic when it was not, but it did force students exposed to the spray to endure a disgusting stench, and that stench may well have remained on their clothing or in their hair.
But the issue raised by Columbia’s leap to accept the narrative that this was some toxic chemical weapon, and suspend the student based on that premise, remains. Assuming the fart spray went beyond the bounds of free expression by its impact on others, even if it wasn’t sprayed directly on them but merely in their vicinity, it was still only a “gag gift.” It may well have been extremely unpleasant, but it was hardly a chemical weapon. And it was an expression of outrage, even if it was an imperfect exercise of free speech.
Given that Columbia University saw no reason to take action against other students who, in support of Palestinians or Hamas, and against Israel or Jews, its suspension of this student for stinking up the place when Columbia would provide no support or protection to its Jewish students seems excessive and improper. Fart spray may stink, but so too did Columbia’s response to it when the smell of discontent permeated the University.
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To this juvenile, non-lawyer redneck, that Walmart fart smell without aural accoutrement is what we once referred to as SBD and such deadly force is not an exercise of protected expression. If you doubt me, ask your spouse, your siblings, your children if it deserves protection: it does not.
p.s. Don’t suspend me please … you asked us to pull your finger.
“It might not have done harm beyond the hysteria of assuming it was medically toxic when it was not, but it did force students exposed to the spray to endure a disgusting stench, and that stench may well have remained on their clothing or in their hair.”
Considering they are a blight and stench on their school and humanity, that somehow seems appropriate. This also highlights how those in a position to know better seem to willingly take the protestors and terrorists word for things unquestioningly. Whether it is the “chemical weapons” use, or the Hamas casualty figures in Gaza anything they say is treated as gospel.
The counterpoint here is that the students who were sprayed had no idea they were sprayed with a ”gag gift.” They did know they were sprayed by something. Any sensible person in that situation might assume they were suffering a legitimate attack, perhaps by acid or some sort of chemical.
An appropriate analogy might be if someone pretended to attack protestors with a fake gun. Would such a person deserve to be punished like a real mass shooter? No. But he would deserve punishment, and his crime would go well beyond suppressing free speech.
Bonus point: universities are not set up to conduct complex investigations and render refined legal judgments. Activists and pundits on the left, right, and center expect them to be able to magically adjudicate complex cases and come up with solutions that are fair to all parties. And there’s some irony that those who believe the university should “focus on the mission” should also spend time and money building a sort of well-functioning judiciary within the university itself.
A more realistic expectation might be that they function something like a good corporate HR department. And most corporate HR departments would fire you if you pulled a prank that could be confused with a chemical attack.
No one expects them to come up with “solutions that are fair to all parties” At least not in the last 10+ years. What is expected now is exactly what is happening, they are producing “solutions” that adhere to the progressive party line and are extremely biased against and unfair to males and anyone not radically progressive.
“Had the student, in fact, sprayed a toxic chemical, there would be little question but that it fell outside any protection for free expression.” True enough. But that doesn’t seem to make what happened any more protected than screaming “fire” in a crowded theatre and then saying with a shrug “what’s the big deal? It’s not like there was an actual fire.” As for it being protected speech, I’d be guided by the canon of schoolyard constitutional construction: “Say it, don’t spray it.”
Please. Please. Never again write about yelling fire in a crowded theater.
Hearing this again really makes me miss the old Ken.
Expressive? Yes. Speech? Not even close. Protected? Not when it materially affects others, whether a gag spray or a chemical weapon. What the proper discipline should be is another matter, which wrongly was imposed on the mistaken belief that it was toxic and was discriminatorily applied only to Jewish students.
Even so, it’s hard to say that suspension would still not be an appropriate punishment. This was a really bone-headed move.
I’m surprised no one has done Monty Python’s “I fart in your general direction” yet. So here goes. https://www.youtube.com/watch?v=BvJF0j-RLxk
Point taken.
I was at a rally recently where protesters used a bullhorn to not only amplify their words in a way that made their expression extend into local homes where we were held captive to expressions we didn’t wish to hear but also to use sounds, such as police sirens to stir the crowd as they chanted.
What is speech? Did the siren count?
Smell is one of the senses. In fact, it triggers memories more than most. Why wouldn’t the use of smell be considered speech, in this instance? Pictures are speech, sure. Why? Monuments are speech. Signs are speech. Flags are speech. Why? Because we say so?
So why isn’t fart spray speech? It certainly said more than a thousand words about how they felt about this particular gathering.