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[CHE] A New Group Promises to Protect Campus Free Speech

Discussion in 'BBS Hangout: Debate & Discussion' started by Os Trigonum, Mar 8, 2021.

  1. rocketsjudoka

    rocketsjudoka Member

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    Skimming through this. This is the first time I've heard of Amy Wax and without getting into the particulars of what she said under the First Amendment she has the right to say whatever she wants about Asians. U Penn though as a private institution also has a right to decide how their employees represent them. If U Penn decides it's in their interests to keep her on faculty that's on them but certainly others have the right to then decide they don't want to go to U Penn. U Penn and this group can certainly argue for academic freedom all they want but that doesn't mean people can't criticize U Penn certainly doesn't compel people to want to apply to U Penn or more importantly for donors to donate to U Penn.

    Also is a group interested in defending free speech and academic freedom weighing in on policies like the one that was just signed in Virginia banning the teaching of certain subjects in public schools because it makes some parents uncomfortable? Is this group weighing in on the efforts to remove books from public libraries because they make some people uncomfortable and some groups feel shameful?
     
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  2. Amiga

    Amiga Member

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    Hopefully this new group protects professors right to speech. And expand that protection to educators at public schools.


    Florida Bars State Professors From Testifying in Voting Rights Case - The New York Times (nytimes.com)

    Three University of Florida professors have been barred from assisting plaintiffs in a lawsuit to overturn the state’s new law restricting voting rights, lawyers said in a federal court filing on Friday. The ban is an extraordinary limit on speech that raises questions of academic freedom and First Amendment rights.

    University officials told the three that because the school was a state institution, participating in a lawsuit against the state “is adverse to U.F.’s interests” and could not be permitted. In their filing, the lawyers sought to question Gov. Ron DeSantis, a Republican, on whether he was involved in the decision.

    Mr. DeSantis has resisted questioning, arguing that all of his communications about the law are protected from disclosure because discussions about legislation are privileged. In their filing on Friday, lawyers for the plaintiffs said the federal questions in the case — including whether the law discriminates against minority groups — override any state protections.


    The university’s refusal to allow the professors to testify was a marked turnabout for the University of Florida. Like schools nationwide, the university has routinely allowed academic experts to offer expert testimony in lawsuits, even when they oppose the interests of the political party in power.
     
  3. Sweet Lou 4 2

    Sweet Lou 4 2 Member

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    I think this U Penn issue is much smaller than what is happening in public schools at every level where conservatives want to ban the teaching and exposure to history in the name of not making people "feel guilty"

    If you can't fight the battle of free speech in public institutions, and instead focus on private institutions, seems to me that you've already lost.
     
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  4. Invisible Fan

    Invisible Fan Member

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    Amy Wax got an axe to grind. A battle-axe one might say...

    BTW, this new group is funny as it acts like a labor union for stuffy mostly out-of-touch tenured professors who are set for life.

    If this is the hill Amy wants to die on, she probably lost her good ideas once those guaranteed checks started mailing in with minimal effort
     
  5. Os Trigonum

    Os Trigonum Member
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    almost three-fourths of all college faculty are in non-tenured positions. Arguably it is that group that needs the most protection in terms of academic freedom

    A Non-Tenure-Track Profession?
    About three-quarters of all faculty positions are off the tenure track, according to new AAUP analysis. While many now work on multiyear contracts, their academic freedom remains of concern.

    https://www.insidehighered.com/news...positions-are-tenure-track-according-new-aaup
     
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  6. Sweet Lou 4 2

    Sweet Lou 4 2 Member

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    Tenure doesn't mean you can't be fired for speech. If you speech is judged to be sexual harassment for instance, you can be fired, but you are entitled to a hearing.

    But again, I think the problem isn't in the private sector but more so the public. Since speech is openly suppressed in public education, then you have no chance of fighting in private institutions.

    Ironically, conservatives shot themselves in the foot here by using private universities as battle cry while completely suppressing speech in schools at every level.
     
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  7. rocketsjudoka

    rocketsjudoka Member

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    I position we're seeing from the current GOP.
    Private companies have to publish content under free speech and their rights as property owners are subservient to our right to get whatever message we want. Even IP owners cannot decide to not to publish their own IP even if there is no financial incentive to do so. (Dr. Sueuss).

    Public schools and libraries cannot have or teach content that we deem shameful. Teachers cannot express opinions that are deemed offensive and counter to our interests. Free speech is subservient to not offending certain segments of society.
     
  8. Amiga

    Amiga Member

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    There are 3 groups, to generalize.
    1- Pro speech, period. Protection against the gov and the private sector.
    2- Government should not suppress speech.
    3- Private sector should not suppress speech.

    The Constitution is clear. #2. #3 in limited circumstances.

    Everyone was generally with the Constitution (#2). The Dem were more anti-speech than Rep in general. Today Rep has taken a dangerous 180 turn with #2. They are pro gov suppression of speech while still are against private sector suppression of speech.

    Today Rep position of pro gov suppression of speech is against the Constitution and is much more dangerous than previous position held by the old Rep and the current position of the Dem. It's the position closer to China suppression of speech.

    Folks that claim to be all pro speech but only focus on #3 while ignore the more dangerous #2 aren't pro speech.
     
    #28 Amiga, Jan 22, 2022
    Last edited: Jan 22, 2022
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  9. Amiga

    Amiga Member

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    Judge Issues Stinging Free Speech Ruling Against University of Florida - The New York Times (nytimes.com)

    WASHINGTON — A federal judge handed a crucial free-speech victory to six University of Florida professors Friday, ordering the university to stop enforcing a policy that had barred them from giving expert testimony in lawsuits against the state.

    The stinging ruling, by Judge Mark E. Walker of U.S. District Court for the Northern District of Florida, accused the university of trying to silence the professors for fear that their testimony would anger state officials and legislators who control the school’s funding. Judge Walker likened that to the decision last month by Hong Kong University to remove a 25-foot sculpture marking the 1989 massacre of student protesters in Beijing’s Tiananmen Square by the Chinese military, apparently for fear of riling the authoritarian Chinese government.

    ...

    The order was a turning point in a dispute that has tarred the reputation of one of the nation’s leading public universities and sparked an investigation by the body that accredits it. It also has fueled criticism of Governor Ron DeSantis, a Republican, who has denied pressuring the school to rein in faculty conduct that questions his administration’s policies.

    And it has uncovered a trove of evidence that, despite university officials’ flat denial that they felt political pressure, faculty members did. In a report issued last fall, the Faculty Senate complained of “palpable reticence and even fear,” alleging that some school employees had been warned “not to criticize the Governor of Florida or UF policies related to Covid-19 in media interactions,” and that barriers had been raised to publishing data on the pandemic.
     
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  10. Os Trigonum

    Os Trigonum Member
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    this one is an important case
     
  11. Os Trigonum

    Os Trigonum Member
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    Ilya Shapiro’s Inartful Tweet
    Outrage over the outrage is outrageous.

    https://www.outsidethebeltway.com/ilya-shapiros-inartful-tweet/

    excerpt:

    The outrage here is a prestigious academic institution failing to stand up for intellectual freedom, not a couple of inartful tweets. A school condemning a highly accomplished professor and university leader for expressing an opinion well within his field of expertise is extremely problematic. And doing so in a way that implies he’s a bigot is simply beyond the pale.

    As noted by several commenters in yesterday’s discussion here of President Biden’s pledge to nominate a Black woman to the Supreme Court, there is no “best pick” for the Supreme Court. While there is some broad consensus as to what qualities one wants in a Justice, Presidents and legal analysts weigh them differently. Ideology/legal philosophy tends to be highly prioritized and, obviously, that means Biden would be choosing from an entirely different pool than his predecessor did even apart from his campaign pledge. Presidents of both parties have also given consideration to demographic representation, touting the First Jewish Justice, the First Black Justice, The First Woman Justice, and the First Hispanic Justice. Shapiro himself clearly thinks that’s fine; he wants Biden to choose The First Asian Justice.

    My strong guess is that Shapiro, author of a bestselling book on the history of Supreme Court nominations, agrees with all of that. But that doesn’t mean he’s not allowed to have his own favorite candidate and advocate for him.

    Srinivasan is an extraordinarily well-qualified candidate. He’s the chief judge of the DC Circuit and has wide experience before that. He was reportedly in strong consideration by President Obama for the nomination that ultimately went to Merrick Garland only to be thwarted by Senate Republicans. Shapiro expressing the opinion that he’s the “best pick” is perfectly defensible. Ditto his expressing disappointment that Srinivasan isn’t even being considered because Biden has limited the pool to a politically important identity group.

    Yes, “lesser black woman” is an extremely regrettable turn of phrase and I strongly suspect Shapiro sincerely regrets it, not just the backlash it generated. But, rather obviously, given the garbled syntax of the tweets, he was using shorthand to fit the brevity of the format. The “lesser” was clearly a comparative to Srinivasan, the “Objectively best pick,” not a declaration that Black women are somehow inferior. Nothing in Shapiro’s history would suggest he thinks that and it’s simply outrageous for his dean to imply otherwise.
    more at the link
     
  12. Os Trigonum

    Os Trigonum Member
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    "Georgetown University's Black Law Students Association is demanding the firing of Ilya Shapiro, a director of constitutional studies at the Cato Institute, from his brand new position at the university. Shapiro was slated to start work as executive director of the Georgetown Center for the Constitution next week, but a poorly worded tweet about President Joe Biden's pledge to appoint a black woman to the Supreme Court has landed him in hot water."

    well of course they are

    Georgetown Should Not Fire Ilya Shapiro for a Bad Tweet
    “I regret my poor choice of words, which undermine my message that no one should be discriminated against for his or her gender or skin color,” Shapiro tells Reason.

    https://reason.com/2022/01/28/georgetown-should-not-fire-ilya-shapiro-for-a-bad-tweet/
     
  13. rocketsjudoka

    rocketsjudoka Member

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    Yes I was thinking that the PRC attempts to "purify" the Internet
    https://www.ft.com/content/285059f7-3f0e-4083-b01f-02e48eccff88
    Sounds awfully similar to what many Conservatives are pushing in school boards and public libraries.

    The Constitution only addresses directly government suppression of speech and it's been quite a sight to see Conservatives who supposedly look to the Constitution as their ultimate guide twist themselves into knots simultaneously arguing that Twitter banning Marjorie Taylor Greene is CENSORSHIP! while government run public schools and libraries taking Maus off their shelves is just fine.
     
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  14. Os Trigonum

    Os Trigonum Member
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    podcast:

    https://academicfreedom.podbean.com/e/on-suny-fredonia-moral-philosophy-and-forbidden-questions/

    On SUNY Fredonia, Moral Philosophy, and Forbidden Questions
    In this special edition of the Academic Freedom Podcast, the AFA’s Keith Whittington interviews Jeff McMahan, the Sekyra and White’s Professor of Moral Philosophy at the University of Oxford, about the current controversy at SUNY Fredonia involving Professor Stephen Kershnar. An applied ethicist and distinguished teaching professor of philosophy, Prof. Kershnar has been placed under administrative review and barred from campus for conducting research and making statements in a YouTube interview about “adult-child sex.”

    The Academic Freedom Alliance sent a letter to SUNY Fredonia in defense of Prof. Kershnar’s academic freedom and partnered with the Foundation for Individual Rights in Education (FIRE) to draft an open letter from philosophy faculty in support of his right to tackle difficult questions.

    In this conversation, Whittington and McMahan explore not only the controversy itself, but also the larger questions surrounding what moral philosophers do, why they ask such controversial questions, and what value they bring to our understanding of society’s most difficult issues.

    https://www.podbean.com/ew/pb-hr8wh-119e0de

     
  15. Os Trigonum

    Os Trigonum Member
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    https://reason.com/volokh/2022/02/22/academic-freedom-alliance-statement-on-tenure/

    Academic Freedom Alliance Statement on Tenure
    The AFA responds to the Texas Lieutenant Governor's proposal to abolish tenure at state universities

    KEITH E. WHITTINGTON | 2.22.2022 10:38 AM

    Texas Lieutenant Governor Dan Patrick held a press conference last Friday to respond to the Faculty Council of the University of Texas, which recently passed a resolutionreemphasizing the importance of academic freedom at the university and denouncing political interventions in the university curriculum. Patrick declared that he would make it a top priority in the next legislative session to ban the teaching of "critical race theory" at Texas universities, to terminate any faculty member who does so, and to abolish tenure at public universities. This is a disturbing escalation of the Republican war on higher education. Other politicians are likely to follow Patrick's lead, especially if his current crusade proves to be electorally advantageous.

    Today the Academic Freedom Alliance released a public statement responding to Patrick's announcement. From the letter:

    Tenure protections for university faculty were adopted throughout American higher education in the twentieth century precisely in order to protect faculty from the efforts of politicians, donors, university administrators, and other faculty to suppress ideas that they do not like. The lieutenant governor's proposals strike at the very heart of the academic enterprise by prohibiting the teaching of certain ideas, thus immunizing contrary ideas from intellectual challenge. This, in effect, establishes campus orthodoxies and forbids the expression of dissent. Few things are more toxic to intellectual life.

    To fulfill their missions, universities must be places where controversial ideas can be freely debated and where ideas are tested and supported through the consideration of evidence, argument, and analysis and not by subjecting them to popularity contests at the polls, in legislatures, or anywhere else. A free society does not empower politicians—or anyone—to censor ideas they do not like and silence scholars of whom they disapprove.
    Read the whole thing here.​
     
  16. ThatBoyNick

    ThatBoyNick Member

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  17. leroy

    leroy Member
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    What is your opinion? Do you agree or disagree with the worst Dan Patrick?
     
  18. Os Trigonum

    Os Trigonum Member
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    more on the Texas case

    The Academic Freedom Podcast #13 on Texas and Tenure
    A conversation with Matthew Finkin on the relationship between tenure and academic freedom

    https://reason.com/volokh/2022/02/24/the-academic-freedom-podcast-13-on-texas-and-tenure/

    description:

    Finkin is an expert on employment law and academic freedom. He now holds the Swanlund Endowed Chair at the College of Law at the University of Illinois and began his career as a staff attorney at the American Association of University Professors. He is the author of The Case for Tenure and co-author of For the Common Good: Principles of American Academic Freedom. In the podcast, we discuss the history and rationale for tenure for faculty at American universities, the relationship between tenure protections and academic freedom, and threats to tenure and academic freedom at state universities from right-wing politicians and at private universities from left-wing professors.
    more at the link
     
  19. Newlin

    Newlin Member

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    What is your opinion? Do you agree or disagree with the worst Dan Patrick?
     
  20. Os Trigonum

    Os Trigonum Member
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    this is still as dumb a question as when the other guy asked it
     

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