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A Win for ‘Academic Bill of Rights’

For all the uproar over legislation inspired by the Academic Bill of Rights, very little of it has gone anywhere. There have been hearings — some of them noisy — in many states, but not much more this year.

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But on Tuesday, the Pennsylvania House of Representatives passed a resolution creating a special committee that is charged with investigating — at public colleges in the state — how faculty members are hired and promoted, whether students are fairly evaluated, and whether students have the right to express their views without fear of being punished for them.

The language in the resolution closely follows that of the Academic Bill of Rights, which has been pushed nationwide by David Horowitz, a former 60s radical who is now a conservative activist.

Horowitz, writing in Front Page, one of his publications, called the Pennsylvania vote “a tremendous victory for academic freedom.” He said that opposition from faculty groups “was fierce, and their defeat is that much more bitter as a result.”

The fight over the resolution was indeed intense, taking up many hours of debate and procedural maneuvers before the resolution was approved, 108-90, largely along party lines, with Republicans backing the measure and Democrats opposing it. Faculty unions nationally, while saying that they don’t object to fairness, oppose the Academic Bill of Rights, which they say will force professors to give equal time to any possible view — including Holocaust denial and creationism — and make faculty members vulnerable to sanctions any time they say something controversial.

Faculty leaders also dislike the idea of a legislative committee being authorized to inquire as to why courses were taught in certain ways, why professors were hired, or why students received certain grades. A letter sent to legislators by William Cutler, president of the faculty union at Temple University, an affiliate of the American Federation of Teachers, warned that the special committee could “open the door to the kind of political presence in higher education that we haven’t seen in Pennsylvania for 50 years.”

Added Cutler: “To be a forum for the exchange of ideas of all kinds, a college or university must be free from the threat of oversight by those with a particular cultural or political agenda. This is not to say that a public institution of higher education should be unaccountable for how it spends precious tax dollars. Far from it. But it is to say that the intellectual climate on college and university campuses will be far less open if students and professors feel that their work is being monitored by those who answer to a particular group or set of constituents.”

Rep. Gibson Armstrong, the Republican who sponsored the resolution, said in an interview Wednesday that professors have nothing to worry about. “Those who are concerned about this, I think misunderstand what it’s all about,” he said. “This is not about squelching their ability to interact with their students. This is not about coming into a classroom and telling them what to tell their kids.”

Armstrong also said that the resolution is not a right-wing campaign against liberal professors. He said that although he first got interested in the issue when he heard from a conservative constituent that she had been discriminated against by a liberal professor, he has since heard from liberal students who have faced bias from conservative professors. Both situations offend him, he said.

“I could care less what your ideology is,” Armstrong said. “My concern is for diversity of thought, diversity of ideas and that an honest debate take place in an atmosphere that promotes free thinking and the exploration of ideas, rather than indoctrination to a pre-established point of view.”

A good professor, Armstrong said, “is going to help his student understand various relevant perspectives and help the student come to his or her own conclusion rather than try to direct them to a pre-established point of view.”

Such statements from lawmakers have left many professors worried that they might be held accountable if they, for example, tell students that evolution is a fact, and not merely one of several competing theories. Asked about that issue, Armstrong said, “I’m not a scientist so I would rather not comment on the merits of the theory of evolution. I know that there a several different theories and versions. When you say evolution, that’s pretty broad.”

Scott Jaschik

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Comments

Was this inevitable?

In an activity in which 80% of organizations rely on government support (monopoly investigations start 55%), and of that total 60% of the participants have lifelong tenure (contested cases involving removal costing more than $200K) — how else, would one bring about behaviorial changes of the tenured?

Threaten to take away parking? Assign the freshman seminar, or development fund?

Art, at 8:25 am EDT on July 7, 2005

How will the Academic Bill of Rights affect faith-based institutions of higher learning who have as a central tenet of their mission the integration of faith and discipline in the classroom?

AL, at 8:25 am EDT on July 7, 2005

AL — Since faith-based institutions are private and not public, direct oversight from a state government such as what the article describes almost certainly wouldn’t happen. Private, especially faith-based, colleges are largely exempt from state and federal rules — for example, they have the ability to discriminate in their hiring practices on the basis of religious belief.

Robert, at 9:27 am EDT on July 7, 2005

Where’s the bias or the beef?

Why is this so-called bill of rights even on the legislative agenda? Where are the complaints about liberal bias among the faculty against students? Setting up a committee to investigate without any real reason to do so, i.e., without facts or even any real allegations, makes the claims of the sponsors very suspect. It’s the prelude to a governmental intrusion into affairs they, especially those conservatives who decry “big government", should keep out of. Every college and university has academic grievance process for students to file complaints about bias. Who is going to their state rep to complain before going through the grievance procedure? And for those who believe that professors are protected by tenure, consider this: About 3/4 of faculty at community colleges are adjuncts, part-timers with no tenure or security. About 30% of full-time faculty are not even eligible for tenure. Don’t you think their free speech will be chilled by the threat of investigation by a state legislative committee and being coerced to testify under oath? There are already excellent protections for students’ academic freedom. This effort is not an effort to expand the free exchange of ideas but rather an attempt to stifle it.

Art H, Temple U., at 9:41 am EDT on July 7, 2005

Why, yes — everything in academia is perfect

“Every college and university has academic grievance process for students to file complaints about bias.”

Yes — and, in theory, every government agency has a grievance procedure. Yet, newspapers are filled with cases of waste, abuse, bias, sloth, law-breaking, etc.

If one is suggesting that academia is perfect and above public review — one believes academia more perfect than the Presidency, Congress, and Supreme Court? Puh-leeze ..

Art, at 10:34 am EDT on July 7, 2005

The McClure exception

The ability of private religious organizations to discriminate on the basis of religious belief is actually somewhat in question at the moment. Generally, there has been held to be a “ministerial” exemption to Title VII. This was first articulated in McClure v. Salvation Army, 460 F.2d 553 (5th Cir.1972). While the scope of this exception has varied, likely someone who teaches in an area which is completely “secular” (whatever that means) would be able to avail themselves of the remedies under Title VII.

Likewise, as we saw in BSA v. Dale, organizations have a 1st amendment right to engage in “expressive association” which trumps any requirements not to discriminate under Title VII. However, to get into this realm one would have to show that the organization was really expressing something by who it associated with.

LArry, at 10:34 am EDT on July 7, 2005

Where the heck does Art get the idea that 60% of faculty are tenured? Picking numbers out of the air with no relationship to anything (especially not reality) is a behavior that has no place in academia.

And it’s NOT left-wing to prioritize facts over numbers plucked from nowhere, Art!

Thane Doss, Tokyo

Thane Doss, at 11:55 am EDT on July 7, 2005

Not a win

I find the headline of this piece misleading. Whatever the Pennsylvania bill may borrow from the Academic Bill of Rights, it does not include any of the language that is most controversial. In particular, it does not even suggest that the legislature or its committee will try to enforce “diversity” of viewpoint or inclusion of particular points of view. Since enforced intellectual “diversity” is the avowed aim of David Horowitz, sponsor of the Bill of Rights, the Pennsylvania bill does not hand him a “win” at all.

David Velleman, at 2:18 pm EDT on July 7, 2005

What’s the number, Kenneth?

Pain, uh, Thane:

You can deconstruct, like the masses —

What about constructs — what is your percentage number, sir?

Do you even have one?

Art, at 2:19 pm EDT on July 7, 2005

re PA and academic freedom

two words: ward churchill

josil, at 2:19 pm EDT on July 7, 2005

There is more than all of this, though. The template for this also includes this language:

“[A]cademic institutions and professional societies should maintain a posture of organizational neutrality with respect to the substantive disagreements that divide researchers on questions within, or outside, their fields of inquiry”

This means that even when we are outside of the classroom, legislation closely patterned on the Horowitz model would allow the government to look over our collective shoulder. Here comes the unsmall unsister (sorry, Horowitz does the Newspeak better than I).

Andrew Purvis, Read it all, at 2:19 pm EDT on July 7, 2005

Ed.gov figures on tenure

dang .. higher than I calculated ..

http://nces.ed.gov/programs/quarterly/vol_4/4_3/4_7.asp#H1

sorry, Paine ..

Art, at 2:50 pm EDT on July 7, 2005

NO REASON TO GET UPSET

Why the commotion about promoting diversity of ideas? If indeed that is the mission of a university, professors — whether liberal or conservative — should have nothing to fear.

David Horowitz, deeply engaged in ideological wars for many years, understands as we do the preponderance of liberal thought in college campuses just from the sheer numbers of professors who embrace the liberal ideology. Knowing the same atmosphere that exists in the mainstream media, with its liberal bias, isn’t it logical to achieve balance in colleges with the kind of resolution that Represenative Armostron sponsored?

Citing worst-case scenarios such as some examples given here (denial of Holocaust, competing theories against evolution, etc.) should be no reason to assume that one group is out to promote its agenda, or that the government should stay out of its oversight function altogether and allow the universities to appropriate that role even when there are legitimate reasons to see how public money for education is spent. It cannot be that one-sided.

America will remain great if we keep our universities as marketplaces of ideas, with no doors shut to those who may have have opinions different from established dognas and orthodoxies.

R. G. LACSAMANA, M.D., at 5:34 pm EDT on July 7, 2005

not surprising

Many professors have abused their trust——radicals then take advantage—-both are wrong——everything is now political—-don’t dare make a freshman question their values

mike, at 9:36 pm EDT on July 7, 2005

In what way are the educators protected? They cannot wear, under the template version of the “Academic Bill of Rights,” anything that expresses a political view, yet students can. Students can thus attempt to sway one another politically while in the classroom, but the educator may not express a view (even if it is a contrary view to the one theh educator actually holds) without running the risk of being called on the carpet.

What is the defense? Proclaim, at one’s (public) hearing, one’s (private) views on an issue about which a student has written and earned a less-than-ideal grade?

I would still like to hear a case or two in which this kind of discrimination has been shown to exist. I would like to see numbers that illustrate (heck, hint at) its frequency. I would, in short, like to see what might justify such a law, should it ever threaten to become law.

Andrew Purvis, at 5:44 am EDT on July 8, 2005

But Only a Real Marketplace

I must agree with R.G. Lacsamana’s last comment: “America will remain great if we keep our universities as marketplaces of ideas, with no doors shut to those who may have have opinions different from established dogmas and orthodoxies.”

But remember, those differing opinions include those of Ward Churchill and others who draw a lot of criticism.

N. Ralston, at 5:44 am EDT on July 8, 2005

Academic Rights and Responsibilities

Academic leaders in Pennslyvania should have argued to the legislature, “Let us evaluate our own campus policies on academic rights and responsibilities and give you a report.” To resist addressing the issue is what will drive legislative bodies to do things they should not. The recent statement on this topic by 28 higher education associatons was meant to move action on this increasingly hot issue away from political to academic leaders. Let’s step up to the plate.

Bob Andringa, President at Council for Christian Colleges & Universities, at 6:55 am EDT on July 8, 2005

don’t question our beliefs?

“Don’t dare make a freshman question their values"...?! Gosh, Mike, I hope to God that’s not what we’re trying to achieve here. I would fail any student unable or unwilling to question their values!

I can see it now: “Suzy Jenkins has complained that you were consistently critical of her beliefs about creationism...” or “Jake Smith says he received a D in your economics class as punishment for his refusal to question his Marxist beliefs or accept your neoclassical economic paradigm...”

Seems we should add “schoolroom” to the old Goldwater quote about keeping government out of the boardroom and the bedroom....

Mark, at 2:07 pm EDT on July 8, 2005

The Horowitz Investigation

As the elected legislative leader most vociferously against the Horowitz-inspired House investigation, I am delighted this nonsense is receiving the national attention it deserves.

I would welcome any attempt to help introduce bias against liberals or moderates into this psuedo-investigation, or to supply me and other House Democrats and moderate Republicans with information on standards and practices of course preparation, grading, relating course material to current events, expressing political opinions, etc.

Pennsylvania is perhaps the most conservative state to have gone for Kerry. The Jim Carville description of Pennsylvania has become famous in the twenty years since he first came up with it because of its essential (although not total) accuracy: Pennsylvania, he said, is basically Philadelphia and Pittsburgh, with Alabama in between.

With your help, we can help persuade Pennsylvanians of the utter emptiness and irresponsibility of this needless investigation.

Rep. Mark B. Cohen, Chairman, House Democratic Caucus at Pennsylvania House of Representatives, at 5:13 pm EDT on July 8, 2005

Blue vs. red

“As the elected legislative leader most vociferously against the Horowitz-inspired House investigation ...”

Briefly:

* Numerous surveys have shown faculty overwhelmingly registered to one of two major political parties. That has never been disputed.

* Other major political party decides to look into matter.

With all due respect to the Democrats — finding abuses will be like shooting fish in a barrel. That’s playing into Mr. Horowitz’s game.

A simpler solution would be full, advanced disclosure by faculty, of their backgrounds, their reading lists, and their syllabuses and assignments. Like Amazon for academics. Then, students could decide — for themselves — if they thought a faculty member could be honest, fair, and objective.

Most likely, someone like Mr. W.L. Churchill would not appeal to the Young Republican crowd. A new freshman might get scammed, once — but not afterward.

E.T., at 6:39 pm EDT on July 8, 2005

first baby step

This may be a good first step but it is a small one. A fundamental problem is that the hiring process for higher education faculty and administration involves many hurdles that favor philosophical leftists. This has been the case for several decades, and it is going to be tough to reverse.

Job descriptions for chancellor, president, provost, dean, department chair, and faculty member usually contain expectations addressing attitudes, accomplishments, and responsibilities that are unrelated to competent performance as an administrator, scholar, or instructor, but do enable search committees and administrators to eliminate candidates whose philosophy does not please them. Such requirements are usually coded into vague, noble-sounding phrases, the purposes, results, and real meaning of which can be denied if challenged.

For instance, “candidate must value diversity” actually means the candidate will support hiring and promotion preferences based on a person’s race-ethnic group, sex, and other personal characteristics unrelated to excellence and achievement in the position. Furthermore, the candidate must show evidence that he or she will promote such a perspective in courses, other university duties, and scholarly activities.

“Commitment to social justice” often means that the candidate must believe that capitalism usually creates harm while socialism usually produces good, government action is the best way to solve societal problems, and world government institutions should trump U.S. constitutional rights. The ambiguity and broad coverage of commitment to social justice is especially suited for hiring discrimination based on political philosophy.

In most universities, administrators make the actual hiring decision after input from search committees and others. The administrators have been hired through a process that values diversity and has a commitment to social justice. Thus, administrators are often suspicious of candidates with differing philosophies, even in the unlikely event that a search committee recommends such a candidate. And administrators are aware that numerous diversity and social justice watchdog individuals and organizations are eager to question and, often, publicly embarrass the administrator over any candidate that seems to vary from the standard philosophy.

Can there be any wonder about why the vast majority of higher education personnel are political liberals? David Horowitz and the PA legislature have a tall mountain to climb.

Doug Cullinan, at 12:35 pm EDT on July 9, 2005

Clueless

So far, I have seen mostly unsubstantiated allegations from the right about bias. Here is the only hard evidence the political witch hunters have come up with to date:

1. A majority of full-time professors in a study published by D. Ho’s compatriots at a Hoover think tank are registered Democrats. The institutions they surveyed were Stanford and Cornell—definitely not a valid sample. Totally cherry picking, but the next step is the most dubious.

2. The registered Democrats and independents are necessarily liberal.

3. Liberals can’t help but to infect children or politicize the classroom.

That’s it, folks! The rest is innuendo and conjecture that people spin as “folksy fact.” The “Red...er Liberal Scare” has found a foothold in Pennsylvania.

People in the comments section are showing the same kind of hysteria that swept the nation during the McCarthy era.

For example:

“Such requirements are usually coded into vague, noble-sounding phrases, the purposes, results, and real meaning of which can be denied if challenged.

For instance, “candidate must value diversity” actually means the candidate will support hiring and promotion preferences based on a person’s race-ethnic group, sex, and other personal characteristics unrelated to excellence and achievement in the position.”

Um...even though I seriously doubt that this person has ever actually participated in an administrator search (something I have done on several occasions), the paranoia here is thick. After all, it isn’t “nobility” that is the reason for valuing diversity—it’s State and Federal Law as well as the missions of the Universities that serve various constituencies. Valuing the things that the institutions value is absolutely critical. Of course, if you are paranoid, then secret legislative committees run by “our party” in order to ferret out the “code words” and “secret handshakes” make perfect sense.

Another paranoid quote:

“A simpler solution would be full, advanced disclosure by faculty, of their backgrounds, their reading lists, and their syllabuses and assignments. Like Amazon for academics. Then, students could decide — for themselves — if they thought a faculty member could be honest, fair, and objective.”

I suppose we could appoint another super-secret legislative committee to determine “backgrounds” of all CEOs and upper management so that the poor indoctrinated consumers can figure out if they want to put money into the pockets of people they don’t know to be “honest, fair, and objective.” After all, it doesn’t take REAL documentation to discern there is a problem, right? There may be super-detailed grievance procedures for students who feel they got a raw deal (on top of the fact that students are free to choose from thousands of higher-education establishments in a time of grade-inflation), but that’s not enough when the LIBERALS are all about and trying to SEDUCE our poor adult children!

And in a time of national debt, it’s important to spend state funding conducting political witch hunts and kangaroo trials against higher education, one of the few industries that generates a net SURPLUS for the U.S. economy.

Andrew Mara, at 2:50 pm EDT on July 11, 2005

Where’s the beef?

“And in a time of national debt, it’s important to spend state funding conducting political witch hunts and kangaroo trials against higher education, one of the few industries that generates a net SURPLUS for the U.S. economy.”

Really? Where’s your proof?

In declining reading scores? Rising teen births? Rising social service costs? Third-generation welfare receipients? Declining productivity?

If publicly-funded higher ed is so great — why doesn’t it go private, and kiss-off David Horowitz? People should be rushing to join in, right?

Answer: large parts of it, isn’t self-supporting. Take away W.L. Churchill’s government subsidy for whining, and he’s just another freak-show crank in the park.

If you had the courage of your convictions, you’d start your own school. I await the announcement — right after the cow jumps over the moon.

E.T., at 6:51 pm EDT on July 11, 2005

Slow down, Chief!

Hang on a second. Are there actually crowds of Republicans clamoring to get into those $43K/yr, three-refereed-books-in-six-years assistant professorships? I never met too many when I was doing those cattle call interviews at the MLA. There’s a certain self-selection in academia; let’s not get all paranoid about how the liberals are keeping the conservatives out of their little academic paradise. If all this supposedly pro-gay, anti-Christian, quasi-Marxist indoctrination is working so well, then how come the Republicans keep winning elections?

N.R., at 4:42 am EDT on July 12, 2005

Bias in Japan

I am following this development with great interest even though I am not American, and live and teach in Japan. Content in English Language Teaching material here is generally not an area where authors and/or teachers try to push their views onto students, and both/many sides of controversial issues are generally presented to stimulate discussion and debate. Still, there are instances of concerted attempts to use ELT content as a vehicle for pushing personal beliefs onto students, under the auspices of an organization of teachers here that claims to be “teaching for a better world".

For example, one textbook presents only an anti-globalization viewpoint, and even then, presents it as if this view were an established fact: “Unfortunately, the direction in which globalization is leading us is not towards Utopia, but towards a world dominated by huge corporations whose only purpose is to maximize short-term profits regardless of the consequences for humanity” with the following comprehension question to reinforce this “fact", “What kind of world is globalization bringing?”

Another example, “However, the power of corporations reaches beyond our livelihoods and our health, and extends to our thoughts. Large corporations own all the major newspapers, broadcasting companies and publishers, and can thus influence what we learn and think about the world” followed by the question-begging comprehension question, “Do you feel any concern about the power of large corporations over your life and mind?”

And yet another example from another textbook by the same author, “The sole objective of the World Trade Organization is to eliminate all barriers to free trade, regardless of their pupose” followed by the suggestion that “the WTO should be eliminated next.”

And one more example from another author, “All this buying and sepnding has brought about tremendous economic growth in the developed countries. But it has also given rise to great inequality. The poverty, hunger and disease of the developing nations are all a direct outgrowth of our love of shopping.” with the only explanation for this claim being, “Just think: a pair of running shoes that costs $5 to make in a poorer country often sells for $120 or more in a rich country! In other words, the developing countires get little benefit from our high-income consumerism.” Once again, this claim is not accompanied by any alternative viewpoint, and is stated as a bald fact.

Attempted indoctrination seems to be alive and well in the teaching of English in some Japanese university classrooms at least. Personally, I would like to see some kind of code of ethics in place here to help prevent this kind of biased instruction in compulsory classes, and ensure that both/all sides of controversial issues are fairly aired when they are introduced. I think that would be a far better outcome than having other teachers who see the world differently, taking it upon themselves to just as one-sidedly try to push their opposite views onto students.

Rovert, at 4:42 am EDT on July 12, 2005

Supply diversity, lesson plans

“Are there actually crowds of Republicans clamoring to get into those $43K/yr, three-refereed-books-in-six-years assistant professorships?”

Dude .. try to work the numbers. Example: if you have 500+ applicants for one MLA position, and 90% are fans of Mr. W.L. Churchill .. that means 50 are not. Not a crowd, comparatively .. but still quite a few, in absolute terms.

In any event .. the issue, IMHO, is political activism/myopia vs. some sembalance of intellectual objectivity (e.g., factually knowing issues from multiple viewpoints).

E.T., at 12:12 pm EDT on July 12, 2005

Oversight

It seems interesting that when certain libertarians say that businesses can be self-policing, the vast majority of Americans can see the fallacies in that. Yet, when it comes to education, the establishment claims to be effectively the only honest self-policing organization on the face of the earth.

That is quite an assertion.

Few people have problems with the concept that governments can regulate the activities of private businesses, although they belong to people (ie the shareholders) not the government, and largely are not government funded – unlike the public universities. Horowitz has made the scope of his legislation far too broad and invasive, but to question the very concept of oversight of a government entity by the government it is funded and organized by is utterly ridiculous. Academic freedom does not mean immunity from any oversight by any force outside their university.

Kevin, Undergraduate, at 2:35 pm EDT on August 23, 2005

students should think for themselves

Horowitz seems to think students are mindless sieves, and need a special “right not to be indoctrinated” to protect them against liberal professors. But there is no such right. Students have the right to drop any course they find objectionable. It’s bad enough that he wants to dictate curriculum for professors. But why disrespect students, too?

http://www.dailyillini.com/media/...Thinking.For.Ourselves-1776473.shtml

Ben Bayer, at 5:55 am EDT on April 24, 2006

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