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Posted
on April 22, 2005
Introduction
and resources by Byron Barlowe, Editor/Webmaster,
Leadership
University
Academic
Freedom for Professors &
Students
Free
Speech, Political Correctness, Viewpoint
Discrimination and Faculty
Autonomy
Rancorous debate on academic freedom has spilled
over the walls of the ivory tower into popular
consciousness via recent news of academic extremism
and through increasingly vocal and mushrooming
activist groups running Web sites and blogs.
Constitutional confusion and overreach that
curtails freedom of speech and association for
students abounds in cases involving speech codes,
freedom of speech vs. establishment of religion
issues, derecognition of religious groups on
campus and viewpoint discrimination. For
some examples see: http://www.noindoctrination.org/related.shtml.
Imbalance Among
Faculty
The problems arise out of a demonstrably
politically skewed professoriate and university
administrations that reflect "little
ideological diversity," according to
professors Daniel B. Klein and Charlotta
Stern. Their survey of political views of
professors in the humanities and social sciences is
included below. They write, "The 'one-party
campus' is a problem irrespective of what one's own
views happen to be... Even someone
with Democratic views might be very
disenchanted with the groupthink of campus politics
today." (The authors make clear that they are
indeed not conservatives.) But the evidence of
unfairness is overwhelming, both in their study and
in many others now making news. This, of
course, is not to say that such
majority-versus-minority-view conflicts
are caused by party affiliation, but the
correlation is all too clear.
Faculty
Extremism
Ward Churchill may be one reason that the
topic has been lifted from its birthplace at
insular faculty gatherings to laymen's dinner
tables. The tenured University of Colorado
professor delivered an incendiary speech
(outside of the university) claiming that 9-11
terrorist victims were somehow complicit in the
oppression that ostensibly explains the attacks of
9-11. Calling them "little Eichmanns" in reference
to the Nazi known as "'Chief Executioner' of
the Third Reich" put Churchill in the glare not
only of the media and public, but his own state
government, which is debating his ouster. This, in
turn, notched up the response from colleagues who
say they want to diligently guard the kind of
academic freedom that makes such unpopular
"dissent" possible. Many observers, some on
the Left and Right, feel his positions
may not necessarily represent dissent given
the widespread views of a number of professors.
This is particularly true in the kinds of
culturally charged specialties like
Churchill's, in his case ethnic studies.
Students'
Rights
But aside from the lightning rod that the
Churchill case has become, a multiplicity of
grievances are being filed by students at
universities across the land and groups like FIRE
(Foundation for Individual Rights in Education)
rush to their aid. So far, that legal advice has
caused administrations to back down every time,
calling into question those who dismiss the charges
as illegitimate backlash from digruntled,
unenlightened kids. Political correctness "gone too
far" increased at a staccato pace. Mark Andrew
Snider speaks to one issue in view of the
probability of such a case going to trial (see
below). Since the famous Rosenberger case in the
mid-90s, which involved the competing interest
of the university to
avoid establishing religion and the students'
freedom to gain access to compulsory fees for the
publication of a religious handout, a variety of
association and freedom of religion and speech
cases have arisen. The University of North Carolina
at Chapel Hill embroiled itself in conflict over a
Christian fraternity which chose to discriminate in
choosing its own leadership.
Columbia University ran into a situation
involving a Jewish student's claim that the
university "tolerated anti-Semitism and
intimidation in its Middle East studies classes,"
according to the New York Times. Columbia's
president, Lee C. Bollinger, said at a speech to
the Association of the Bar of the City of New York
at that time said that "academic freedom has some
limits when it comes to the classroom and the
broader educational experience. We should not
elevate our autonomy as individual faculty members
above every other value.... Professors, he said,
have a responsibility 'to resist the allure of
certitude, the temptation to use the podium as an
ideological platform, to indoctrinate a captive
audience, to play favorites with the like-minded
and silence the others'."
Vital
Questions
- Can self-policing of universities work
fairly in an inherently self-referring
and closed system? Or do polarizing
ideologies necessarily negate the
presumption of justice in such an arrangement?
What genuine recourse is there for abuse of the
system?
- What about the underlying structure of
universities may be to blame and what can be
done to remedy those faults?
- What about when claims of academic freedom
for professors clash with the interests of
fairness and academic freedom of students? Who
is to say whose viewpoint has been discriminated
against and who can trust whose assessment?
- Are those in the university who espouse --
indeed who vigorously defend -- academic freedom
setting up a de facto double-standard when
questioned by students and others? Many who
allege viewpoint discrimination by college
professors and administrators say that their own
concerns were met with defensiveness (and worse)
while both the curriculum and stated goals of
the institution hypocritically claim
neutrality.
- Is this a worldview issue? How much
intentionality on the part of academe is there
in cases of political correctness turning
unfair, even politically incorrect?
- How legitimate are activist groups --
student and faculty ones -- in a debate that
seeks the competing interests of fairness and
openness? Are blogs, activist organizations,
their Web sites and publications just one more
form of free speech or a threat to true academic
freedom?
- Is free speech protected or curtailed by
"free speech zones"?
- When one speaks of "openness," it begs the
question, "Openness to whom and what?" Is it
practical in the real world to demand openness
to all things?
- How can politics be kept at bay, or can it?
How legitimate is it to survey the political
leanings of professors, or students for that
matter?
- What is appropriate behavior for faculty
regarding political speech? Inside the
classroom? Outside of it? Is trust broken
between students (and the taxpaying public) and
professors who engage actively in
politics or should there be a greater attempt at
neutrality? Policed by whom, if
anyone?
- How much has a postmodern, multicultural
ethos changed the terms of debate regarding
academic freedom? How can traditionalists, who
value the history of a discipline and its place
in Western thought, meaningfully engage with
progressives (especially in the humanities and
social sciences), who focus on power struggles
of minorities and use sexual and
racial identity as experientially based
reference points for their scholarship? Is there
enough common ground?
A
Disclaimer
We survey -- in limited but hopefully
fair fashion -- several issues related to
academic freedom, mainly from a legal and
economic orientation with a bit of practical help
for students and their parents. The sheer volume of
material "out there" on the Internet and elsewhere
renders the task of doing justice to the subject
nearly impossible. Furthermore, no matter what
editorial approach one may take, someone will be
offended -- this is a contentious area indeed.
Complicating that, the output of activists from the
reactionary side, that is those who hold that
academic freedom for faculty has overstepped its
proper place and eclipsed student rights, is
voluminous. Add to that the worldview differences
at the root of such contentions and you have a
mess. Finally, as an Internet outreach of a
faculty-oriented organization, our concern is not
just for laypeople, but for scholars, many of whom
feel caught in the middle and who may not have had
the luxury of critically ruminating on what seems
beyond their power to effect as individuals. We
trust that their future input will only add to the
breadth and fairness herein. Consider our Special
Focus one angle on a complicated
situation.
Featured
Articles
"Academic Freedom"
When
Rights are Wrong, by Professor William J.
Stuntz: Stuntz brilliantly sets up a historical
telescope through which to view legal rights as our
forefathers saw them, examining how the concept of
rights evolved. "Today, rights are about choice,
and anything that restricts choice is subject to
attack. And choice, in turn, is at war with
standards and obligations." Yet, he says,
Christians celebrating the famous Rosenberger case
fell into this harmful mindset, in effect gaining
victory through a ruling that forbids standards.
"The issue worth arguing about in Rosenberger is
what kind of student activities universities should
and should not be encouraging," and not about
whether to promote them, he writes.
Academic
Freedom?, by Thomas Sowell, The Hoover Institution,
Stanford U.: Thomas Sowell, Senior Fellow at
Stanford's Hoover Institution, comments on the
academic freedom controversy surrounding Ward
Churchill and general confusion on the topic. He
believes that sounding off on politics when it has
nothing to do with a course's subject matter is
grounds for firing, but that this does not apply to
Churchill. In fact, his opinion on handling that
case is to allow academic freedom to run its
course.
Academic
Freedom in the Classroom - When "Freedom" Becomes
"License," by Luann Wright: President of
NoIndoctrination.org, Wright as a credentialed
college instructor, "discusses how faculty's
academic freedom in the classroom can infringe upon
students' rights and upon the learning process
itself. Through an analysis of current cases, this
study explores issues of academic freedom relating
to classroom conflicts between faculty members and
students. The freedom to research and publish
without fear of reprisal is at the core of
acquiring and disseminating knowledge. But how does
academic freedom apply within the confines of the
classroom? Can an overly expansive understanding of
professors' academic freedom actually impede
learning? The conclusion reached here is that
successful higher education requires a balance
between the rights of professors and the rights of
students."
What Can Be Done About Academic Freedom,
University Governance?
Faculty
Clubs and Church Pews, by Professor William J.
Stuntz: Harvard Law professor Stuntz, an
evangelical Christian, laments the way in which the
two worlds he occupies, church and university,
mischaracterize each other. But he sees hope for
common ground, even if professors and church
members are politically red and blue.
The
Antidote to Academic Orthodoxy, by Stephen H.
Balch, National Association of Scholars:
"Pledged to virtually every other kind of
diversity, [universities] must not neglect
[intellectual diversity which] goes to the
very heart of their mission.... Voices of protest
are increasingly insistent on the need for change,
and rightly so." Balch thoughtfully lays out ways
educators themselves can address--especially in the
humanities and social sciences--"intellectual
monopolies based purely on organizational clout."
He calls for "structural reforms" to "draw academic
adversaries into sustained reasoned discourse and
afford some institutional shelter for diverse
views."
Viewpoint
Discrimination by Public Universities - Student
Religious Organizations and Violations of
University Nondiscrimination Policies, by Mark
Andrew Snider: A legal review and policy paper
regarding viewpoint discrimination involving
several cases, among them the Rosenberger case at
University of Virginia. Snider concludes that the
Court's jurisprudence does not allow a public
university to "use its nondiscrimination policy to
derecognize a student religious organization that
chooses its members based on its religious beliefs"
-- that this would inhibit the "vitality of diverse
thought and robust debate at public
universities.
Review
- Faulty Towers, by George Leef: Director of
university policy center, Leef reviews Amacher and
Meiner's book Faulty Towers: Tenure and the
Structure of Higher Education. He calls it "a
clear-eyed exposition of the weaknesses in our
higher education system that stem from its
structure. The authors, if we might resort to a
medical analogy, aren't interested in treating the
symptoms, but want to get to the underlying
pathology." This "long-overdue analysis...ought to
be widely read and discussed among education
leaders and policy-makers," Leef concludes.
The State of the University
The
Grand Delusion (Ch. 10), Freefall of the American
University, by Jim Nelson Black: Author and
former professor, Black traces the Marxist roots
within many American universities and documents the
increasingly leftward leanings of most. Includes a
wide-ranging conversation/critique of present-day
academe with Dr. Dallas Willard, philosophy
professor and author from USC. They discuss the
state of teaching, truth, and logic on contemporary
American campuses. Black ends the chapter with
remarks on atheism and liberalism.
How
Politically Diverse Are the Social Sciences and
Humanities? Survey Evidence from Six Fields, by
Daniel B. Klein and Charlotta Stern:
(Requires Adobe®
Acrobat®) A technical paper by Klein, a
U. of Santa Clara economics professor and Stern, of
Stockholm University -- neither Republicans nor
conservative -- whose study across six disciplines
in the humanities and social sciences shows a
dominance by Democrat-voting faculty and "little
ideological diversity." A larger, more controlled
study than one conducted by David Horowitz and
others, it found that study to be fair but
incomplete. Includes a discussion of Stephen
Balch's "property rights" proposal as a remedy.
Free
Radicals, by Professor Gene Edward Veith:
Conservative cultural critic and secular university
professor Veith contrasts two professors in two
disturbing cases at the U. of Colorado. Tenured but
embattled professor Ward Churchill's dubious
record, questionable scholarship and tenure and
outrageous views were met by colleagues with
support for academic freedom. Yet, the record of a
non-tenured but honored and demonstrably tolerant
professor whose dismissal goes seemingly unnoticed
by fellow faculty. These and other cases, claims
Veith, indicate an upside-down system.
Free
market of ideas closed, by Nat Hentoff:
Hentoff, generally acknowledged as a First
Amendment defense authority, opines that diversity
of ideas is the one kind of diversity missing from
universities. Hentoff describes the insulated
arrogance of some politically correct professors
and questions a knee-jerk invocation of academic
freedom by university administrations. He
ultimately asks, What about students' academic
freedom?
What is a Parent or Student to
Do?
College
Guide - Intercollegiate Studies Institute
(isi.org): An up-to-date "One-stop Source for
Choosing the Right College," this Web site includes
high-quality resources like Choosing the Right
College, The Student's Guides to the Major
Disciplines, Asking the Right Questions and ISI
Academic Advisor.
Choosing
the Right College: The Whole Truth about America's
Top 100 Schools, Reviewed by Gilbert
Meilaender: Meilander reviews the
Intercollegiate Studies Institute's guide to the
campus culture and educational policy of America's
most selective schools (late 90s edition). He
applauds the guide, since then updated, with some
helpful caveats.
Indoctrination
and Irresponsibility, from Chap. 5 - Choosing a
College, by Thomas Sowell: This 1989 practical
guide to choosing a college by widely respected
columnist, author and scholar Thomas Sowell shows
that present-day concerns over political
correctness and academic freedom of students is not
a new topic. Then-current anecdotes offer
perspective, as does the section on "faculty
scholarship," from an insider's point of view.
The
above information is courtesy of Leadership
University,
part of the Telling the Truth Project: Telling the
Truth at the speed of life!
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