Because this isn't a case of a codes of conduct being universally bad, but rather a case of one instance of it being bad. A GOOD code of conduct will be specific and lay out what is acceptable without vagueness.
Most people know what is or isn't acceptable through common sense. A racist or sexual assaulter isn't going to think "Wait, does this violate the code of conduct?"
Every conference doesn't need to go to the trouble of working out some flawless unambiguous list of rules and every attendee doesn't need to read them. If someone is causing a problem eject, ban, or call the police. No CoC needed.
While I agree that a CoC should be no surprise to anyone with common sense, it still makes sense to me to have them:
First, there are people without common sense. Sooner or later someone will not adhere to the unwritten rules and ask "Who's going to stop me?". Even if you can eject/ban them, it will be quite a mess, as you now seem to enforce completely intransparent and artificial rules. People will (rightly) ask you to state the rules before you enforce them. Even if your rules are completely obvious to you and all the people in your peer group, they won't be to everyone.
On the other hand, a CoC signals to potential participants that you take these things seriously. Look at it from the point of view of someone who is used to sexist/racist/otherwise discriminating comments: If you see that a conference has a CoC, that means that they know of your problem and are prepared to combat it. This is more a more inviting conference and it will put you more at ease, because you can feel safer.
Without a CoC, people will not attend because they're just tired of this.
So, yes, CoC should be unnecessary because we all know how to behave. Ideally, their content is suprising to no one. But experience shows that not everybody does, or that they in good faith behave in ways that are not acceptable to other people. With a CoC, you make it clear beforehand that "these are the rules", so everyone's on the same page, and you show that you mean it.
People will (rightly) ask you to state the rules before you enforce them.
Having a CoC doesn't mean that you get this benefit.
In the case in point, the rules being enforced from the CoC were not stated. After being ruled in violation, it was not made clear WHAT rule was violated. And certainly no rule in the actual CoC was violated.
> People will (rightly) ask you to state the rules before you enforce them.
Will they? Lots of communities do just fine without spelling them out. If you go over the line, you get a warning by a moderator etc, or, if you've gone way past the line, you get kicked out. You don't need to know where exactly that line is drawn, because reasonable people don't come close to crossing it. And unreasonable people don't care about lines and rules.
If you do spell it out, you invite litigation of rules and endless "but you didn't punish that" and in the end you'll have to say "yeah well, I didn't find that offensive", so it's back to "there's a line, but there's also some rules that are meaningless, because in the end the line I draw on the spot is what matters".
Since those kinds of rules will always be vague, and will never be applied evenly, I doubt they are helpful. Maybe there's a small subset of people that would behave perfectly reasonable only if there's a guide book of rules that they can abide by, but I don't think that group is large enough to offset the problems CoCs bring.
That's true, but it's either vague ("don't be an ass") or it's primarily a thing to have to get the moderators on the same page, not something the community needs, isn't it?
In my opinion, if the rules include value judgements, they're superfluous as rules, because accuser, accused and judge can easily come to vastly different results. If you try to get beyond that and formalize it, you end up with books, and by that time you've transformed your community into a rule-book-writing community.
The community wanted the moderators to get on the same page. They were also tired of discussions turning into arguments like whether insulting things by calling them gay insulted gay people.
> And unreasonable people don't care about lines and rules.
I agree with this statement. Having or not having a CoC will not change their behavior, nor should it change your response. But the response to your response can differ: If you've been transparent from the start about your rules, there's less room to complain about you enforcing your rules. If you had no CoC beforehand, there will be some parts of the audience asking if that was really fair. And this behavior doesn't even have to be malicious, just that their line is somewhere else, and so they don't understand your arbitrary enforcement. With clear and transparent rules, they may not agree, but it's clear where the line is.
We both think (at least, that's what I gather from your comment) that some rule is necessary, but I'm for being open about it and you want to keep them vague. I think it's easier for everybody to be transparent here, because you can decide beforehand if you agree to these rules. If they're too vague, I'm just hoping that, if push comes to shove, we see the world similarly.
And, again, having a CoC also signals that there is a line. Without it, who's to know that there will be behavior that you don't accept and what it looks like. Maybe you're fine with sexist comments, but not with racism. If I'm vulnerable, why should I gamble that your views are similar to mine? I'd rather not visit your conference if you can't make the rules clear.
> If I'm vulnerable, why should I gamble that your views are similar to mine?
Don't you do that with a CoC as well? Short of writing a long list of things that may and may not be said, you can only give a vague "please be kind to each other", but the concrete judgement what is and isn't kind depends on whether your views align with those in power.
My experience is that vague rules are both a recipe for corruption (where the enforcer's friends are exempt from the rules and the argument is "that wasn't rude, the person deserved to be called a shithead") and the troll's playground, because toxic people that want to cause trouble are great at figuring out the pain points that get to their targets but don't cross any lines.
I believe that enforcement is important, not rules. You can always have a more specific policy for the moderators to guide them and to develop the team's response, but that shouldn't be part of the rules.
It's true that it's not 100% fair that you might get kicked out for breaking a rule you didn't know existed, but to me that's collateral damage I'm more than happy to accept (and I've been on the receiving end of a "you crossed a line" talk).
I'm sorry, I'm not sure, I totally understand your argumentation.
You seem to be against vague rules ("My experience is that vague rules are both a recipe for corruption [...]"), with which I agree. That's why I want a CoC, so that the rules are open, known and overall transparent.
However, I'm afraid I fail to see why avoiding vague rules means that there should be no CoC at all. Isn't having no written/open rules the vaguest of all? Even if there are rules that only the moderators can see, how is that an improvement for the participants? They can't know what is acceptable, so neither can the accused argue against an unfair response, nor can a potential victim demand enforcement.
And why not have more concrete rules? Surely, they cannot be complete and there will necessarily always be room for intepretation, but I think it is better the more concrete the rules are.
And three sentences of "We don't tolerate abuse, discrimination, or harassment of any speaker or participant at XYZCon. If you have a problem, contact a staff member. If you cause a problem, you may be asked to leave, be banned from future events, and/or the police may be called.
Exactly. In generations past this was called "respecting boundaries" and was something we do as a social activity -- we literally teach others how we are willing to be treated (or more generally, we teach others what behavior will be accepted in that social group).
Despite the increasing anonymity of the world (in that we don't physically live and interact in the same physical space), I think conferences are still small enough social groups that such approaches do work. I've been to some where despite the presence of thousands of people, noteworthy news takes less than a few minutes to travel throughout the conference.
Good codes of conduct can work to set expectations in certain social settings. While it's not illegal to smell bad, a conference may want you to shower before returning to the conference. A clearly stated code of conduct can enforce the professional standards of that conference in order to make all attendees of that conference feel comfortable. The problem here isn't the existence of the code of conduct, it's the combination of the lack of clarity and the hypocritical lack of following its own standards set from the conference organizers.
This is almost certainly not the sort of thing that a different CoC would have made any different absent an absurd IMO rule such as "Do not criticize individuals, projects, companies, etc."
Rather, this is a case of where do you draw the line when something/anything makes someone uncomfortable enough to complain. Do you apply a reasonable person standard and perhaps tell that person "We hear you but we can't agree and we're not going to do anything about it. Sorry."? Or do you say "We understand that we can't tell you how to feel so we accept your complaint and will take action."(And then do so.)?
In practice, for many situations, especially community events tend towards the latter.
Every conference doesn't need to go to the trouble of working out some flawless unambiguous list of rules and every attendee doesn't need to read them. If someone is causing a problem eject, ban, or call the police. No CoC needed.