Principle

Preferred Speech vs Free Speech

Marc Rowan's distinction from the Penn fight: permitting expression is free speech, but funding it, promoting it, scheduling around it, and lending it institutional ownership is preference, not free speech but favorite speech, preferred speech. The generalization is that an institution's money, calendar, and imprimatur are editorial acts, and an institution that cannot state its purpose has no principle from which to allocate them.

"What we were watching was not free speech. We were watching favorite speech, preferred speech."

Marc Rowan's framing of the 2023 to 2024 University of Pennsylvania dispute, and the reason the distinction is worth carrying past the specific fight it came from.1

The distinction

Rowan opens by conceding the speech question entirely, having written to the university's president: "I'm a free speech absolutist. I believe this conference should go forward."1

The objection was to four things that are not permission:

| Act | Category | |---|---| | Permitting the event | Free speech | | Funding it | Preference | | Promoting it | Preference | | Scheduling it over a religious holiday, as he characterizes it | Preference | | Outsourcing its ownership to a chosen party | Preference |

"Other than that, I was fine with it."1

The general principle: an institution has finite money, calendar, staff, and reputation, and every allocation of them is an editorial choice. A claim of we allow all views is a claim about permission. Nothing about permission determines which views an institution funds, and conflating the two lets an institution make editorial decisions while claiming to make neutral ones. This is the portable part of the argument, and it applies equally to conference budgets, platform recommendation systems, grant committees, and corporate sponsorships.

The deeper charge: no stated purpose

The more interesting failure identified is upstream and structural: "What is the role of a university in society? And too many times the question was amorphous. I don't think our president at the time knew what the role of a university in society was. Is it academic excellence and research, or is it social change? And if it's social change, whose social change? Is it her social change? Is it what the trustees decided? Is it what the faculty decided? Was there a vote? No."1

This is a governance argument rather than a political one: an institution that cannot state its purpose has no principle from which to allocate its preferences, so the allocation defaults to whoever inside it is most motivated. The absence of a vote is the specific complaint, not that the institution chose wrongly, but that no legitimate process chose at all.

What happened

Donors moved from their normal giving levels down to a token amount, which, in Rowan's account, turned out to reflect how a lot of other people quietly felt, and got the university's attention.1 Congressional testimony, and specifically an inability to call terrorism murder rather than merely reprehensible, made the position untenable publicly, and the board chair and president both resigned.1

Recording the tensions

There is a donor-leverage question the argument does not resolve: the remedy for an institution allocating preferences without a legitimate process was concentrated donor pressure, itself a mechanism for allocating institutional preference without a vote. There is also a one-party's-characterization problem, since the scheduling claim and the description of the event's organizers are Rowan's own and were contested at the time. And there is a tension in being an absolutist about absolutism itself, since the same framing that criticizes people who became rigid ideologues on other issues opens with I'm a free speech absolutist; the likely reconciliation is that absolutism about a procedural right differs from absolutism about a substantive outcome, though that distinction is not drawn explicitly.

Adjacent

Palmer Luckey makes a structurally identical observation in a different institutional setting, banking: censorship happens through funding and access decisions rather than through explicit prohibitions, and everyone in the chain can point to someone else as the actual decision-maker. The underlying mechanic in both cases is the same: institutional imprimatur is valuable precisely because its allocation is consequential, which is what makes the funding-versus-permitting distinction worth drawing in the first place.

Practiced by

Connections

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References

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