don’t ask me to withhold judgment of dharun ravi: a response to danah boyd & john palfrey

danah boyd and John Palfrey would like us to stop bullying Dharun Ravi.

Dharun Ravi, you may remember, is the young man whose Rutgers University dorm-mate, Tyler Clementi, committed suicide days after Ravi apparently used his computer to record, watch, and tweet about Clementi’s sexual encounters with another man. Here are the details as boyd and Palfrey explain them:

What seems apparent is that Clementi asked Ravi to have his dormroom to himself on two occasions – September 19 and 21 – so that he could have alone time with an older gay man. On the first occasion, Ravi appears to have jiggered his computer so that he could watch the encounter from a remote computer. Ravi announced that he did so on Twitter. When Clementi asked Ravi for a second night in the room, Ravi invited others to watch via Twitter. It appears as though Clementi read this and unplugged Ravi’s computer, thereby preventing Ravi from watching. What happened after this incident on September 21 is unclear. A day later, Clementi’s body was discovered.

boyd and Palfrey make it clear that they are appalled by anti-LGBTQ bullying and by the suicides of so many queer youth. Yet they are concerned that the public response–near-universal and vehement condemnation of Ravi and his actions–itself verges on bullying.They write:

Tyler Clementi’s suicide is a tragedy.  We should all be horrified that a teenager felt the need to take his life in our society.  But in our frustration, we must not prosecute Dharun Ravi before he has had his day in court.  We must not be bullies ourselves.  Ravi’s life has already been destroyed by what he may or may not have done.  The way we, the public, have treated him, even before his trial, has only made things worse.

I can’t summon the language to describe how vehemently I disagree with boyd and Palfrey. It’s hard to believe they’re even seriously trying to convince readers that what Ravi did to Clementi is equal to how the American public is reacting to what Ravi did to Clementi.

Imagine this, somewhere, in some schoolyard:

A boy, call him Jake, gets accused of being too effeminate. Another boy, call him Sam, corners Jake behind the slides at recess and punches him in the eye. He says, “That’s for acting like a faggot.”

Another boy, call him Tom, sees the fight, walks over and punches Sam in the eye. He says, “That’s for acting like an asshole.”

boyd and Palfrey would have us believe that both punches must be seen as equal, that both should be viewed as bullying. Are these actions equivalent? Only if you have only the most surface understanding of what constitutes bullying.

When LGBTQ students are bullied, they are attacked for their non-normativity. They are attacked for being different, for being threatening to the status quo. Violence is one really good way–but certainly not the only way, about which more later–to subdue a threat. When Sam punches Jake, he is motivated by fear. Is it fear that motivates Tom to punch Sam? Probably not. It’s probably anger, frustration, and a desire to stand up against reprehensible behavior. It’s a desire to make a stand–to make a public stand–to say “this behavior will not be tolerated.”

Has the public reaction to Dharun Ravi’s actions ruined his life? Yeah, probably. And here’s where I differ from boyd and Palfrey: I believe that the public’s reaction is fully appropriate in response to anybody who acts as reprehensibly, as vilely as Ravi did toward his roommate. This is a man who invaded his roommate’s privacy, who was so goddamned proud of recording and watching Tyler Clementi’s sexual encounters that he tweeted about it. This is a man who was perfectly comfortable ridiculing, belittling, and dehumanizing another human being. The only appropriate response is to stand up against such vile behavior. The only appropriate response is to take a public stand that says “this behavior will not be tolerated.”

It gets worse, because boyd and Palfrey have the nerve to suggest that one reason we should be kinder to Ravi is that there’s a chance that his actions didn’t lead directly to Clementi’s suicide:

As information has emerged from the legal discovery process, the story became more complicated.  It appears as though Clementi turned to online forums and friends to get advice; his messages conveyed a desire for getting support, but they didn’t suggest a pending suicide attempt.  In one document submitted to the court, Clementi appears to have written to a friend that he was not particularly upset by Ravi’s invasion.  Older digital traces left by Clementi – specifically those produced after he came out to and was rejected by those close to him – exhibited terrible emotional pain.  At Rutgers, Clementi appears to have been handling his frustrations with his roommate reasonably well.  After the events of September 20 and 21, Clementi appears to have notified both his resident assistant and university officials and asked for a new room; the school appears to have responded properly and Clementi appeared pleased.

I think boyd and Palfrey hope that this information will help readers view Ravi in a kinder light–which is utterly ridiculous. Are we supposed to assume that Clementi didn’t feel bullied by Ravi’s behavior simply because school officials agreed to place Clementi in a new room? Are we to hold off judgment of Ravi’s behavior simply because there’s no evidence that Ravi’s behavior led directly to Clementi’s suicide?

It is hard to believe that two people as well read and intelligent as danah boyd and John Palfrey can seriously take such a simplistic view of bullying, of violence, of harassment and depression and suicide. It’s hard to believe that they seriously want us to be kinder to Dharun Ravi based on the possibility that his reprehensible behavior didn’t directly cause his roommate to kill himself. Assuming the reports of Ravi’s actions are accurate, he was only the last person to have the opportunity to bully Tyler Clementi. That may make him not guilty according to legal standards, but it certainly certainly certainly doesn’t make him innocent.

And let’s remember that Dharun Ravi is not on trial for the death of Tyler Clementi. He’s on trial for invasion of privacy, witness and evidence tampering, and bias intimidation–a hate crime that requires that prosecutors prove Ravi was motivated by an anti-gay bias. Let’s further remember that our legal system serves a different purpose than does the court of public opinion. Our legal system is for figuring out whether someone has broken the law. Public opinion is where a culture makes clear how it feels about that person’s behavior. When the LAPD officers accused of beating Rodney King were acquitted, the nation was in outrage: The racism was too blatant, and too appalling, to ignore.

Just as Dharun Ravi’s behavior is, thank christ, too blatant and too appalling to ignore. It’s about goddamned time people got mad about homophobia and anti-gay hate. It’s about goddamned time people stood up en masse for the dignity of their LGBTQ brothers and sisters.

And another thing: Let’s not forget that young men and women like Tyler Clementi are convicted to death by the court of public opinion. Why do LGBTQ youth commit suicide at such higher rates compared to their straight peers? Because of social pressures to conform. Because of religious and conservative groups that tell queer kids that they’re abominations who are destined for hell. Because of families and friends who turn their backs. Because of bullies and assholes like Dhuran Ravi.

boyd and Palfrey end with this exhortation:

To combat bullying, we need to stop the cycle of violence.  We need to take the high road; we must refrain from acting like a mob, in Clementi’s name or otherwise.  Every day, there are young people who are being tormented by their peers and by adults in their lives.  If we want to make this stop, we need to get to the root of the problem.  We should start by looking to ourselves.

Here is where boyd and Palfrey and I, at last, agree: We should start by looking to ourselves. We should, all of us, consider what cultural biases, what personal beliefs and prejudices, guide us in extending our sympathies and emotional and intellectual energies. “Ravi’s life,” write boyd and Palfrey, “has already been destroyed by what he may or may not have done. (my emphasis.) The way we, the public, have treated him, even before his trial, has only made things worse.”

There is, in fact, no doubt that Ravi did record and view Tyler Clementi’s sexual encounters; there is no doubt that he showed at least a snippet of his recording to his friends. There is no doubt that he boasted about these escapades via Twitter. What’s left for doubt is to wonder what leads us to want to wait to decide how we feel about what he did until the court tells us how guilty he is of violating the letter, not the spirit, of our nation’s laws.

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  • zephoria

    February 25th, 2012

    What we are arguing is that we don’t know the facts and that it is irresponsible to judge someone without knowing the facts.

    For example, in your last graph, you state: “There is, in fact, no doubt that Ravi did record and view Tyler Clementi’s sexual encounters; there is no doubt that he showed at least a snippet of his recording to his friends.”

    Your facts appear to be wrong. In an IM written by Clementi to a friend that’s part of the court records, Clementi wrote “But its not like he left the cam on or recorded or anything / he just like took a five sec peep lol.”

    It is precisely this decision to judge Ravi based on news reports that are turning out to be inaccurate that we are disturbed by. We are both open to reading facts that show that he did engage in bias intimidation, but news hype is not the same as facts. The point of this process is to reveal the facts and we don’t have them yet.

    Ravi would not be tried for a 5-second peep if Clementi hadn’t died so it’s also irresponsible to decontextualize this and suggest that he’s not being implicitly charged with murder. That’s the implicit charge in the public and the only reason that he’s not being charged for manslaughter is that they couldn’t build a case.

    What if Clementi’s suicide has nothing to do with Ravi? What if it has to do with his encounter with the man he met with? What if it had to do with a phone call to someone else? What if Clementi couldn’t take it that his parents rejected him? What if it Clementi thought that Ravi was a jerk, but was otherwise unaffected by him? Would Ravi deserve this same fate?

    Right now, we don’t know the answer to any of these questions. We don’t know what was in the suicide note. We don’t know what happened in his encounter with the older man. What does society gain from publicly convicting the easy target without knowing what else was happening?

    I’m deeply committed to ending LGBT violence, but not by shifting the violence. I don’t think that that helps anyone.

  • Laura

    March 27th, 2012

    I’ve been thinking about this post since you first published it in February. You’re absolutely right that “Our legal system is for figuring out whether someone has broken the law. Public opinion is where a culture makes clear how it feels about that person’s behavior. ”

    I, too, am concerned about danah boyd’s conflation of “a day in court” with “the court of public opinion.” The burden of proof in a courtroom is necessarily higher than the burden of proof in society. Moral condemnation is NOT the same as criminal conviction. In the end, it doesn’t matter whether Ravi was convicted of a hate crime, though Ravi WAS found guilty. Society does not necessarily have to rely on a jury to determine whether Ravi’s actions were motivated by “a purpose to intimidate an individual or group of individuals because of race, color, religion, gender, handicap, sexual orientation, or ethnicity . . . or knowing that the conduct constituting the offense would cause an individual or group of individuals to be intimidated because of race, color, religion, gender, handicap, sexual orientation, or ethnicity.” NJSA 2C:16-1. It was pretty clear that his actions were either intended to intimidate Clementi or that he knew his actions would intimidate Clementi or both. And we don’t have to rely on a jury to tell us what we think about Ravi’s actions. I can determine that all on my own. And you know what? I have a right to. When I see a parent berating her child in a grocery store, I make all kinds or moral judgments. It doesn’t matter whether she’s breaking the law; I still get to look at her actions and determine where they fall inside my own set of morals. For a long time, segregation was legal. Lots of people still found it despicable even without the courts agreeing, and rightly so. Of course, Ravi’s actions ARE proscribed by the law–he committed a hate crime. But I don’t need to be able to say that he committed a hate crime before I can be disgusted by his actions. I am allowed to do that as a member of society, and why should we expect anything different from ourselves?

    In addition, “a day in court” does not necessarily mean some kind of ultimate truth will be discovered. The state presents its evidence and the defendant’s attorney zealously advocates for the client. Defense attorneys rightfully do everything they can to prevent evidence of misbehavior or wrongdoing or even character flaws from being shown to the jury. That’s their job and it shouldn’t be any other way. But what that means is that even in a court of law, there is rarely any form of absolute truth.

    The criminal justice system, as flawed as it is, is heavily weighted to ensure as best as it can that not a single innocent individual is convicted. Our standards in society are not as strict, nor should they be. Criminal law is pretty much black and white; human behavior has all sorts of grays. We have to live with this guy in our midst, after all. We get to decide whether we approve of his behavior.

    One other thing. Here’s another story of a person whose life was unraveled after he raped a woman: http://www.nytimes.com/2007/01/14/fashion/14love.html?pagewanted=print
    I have a hard time feeling sorry for him, too.

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