News, Views and Careers for All of Higher Education
Dec. 2, 2005
Alan Temes believes that being a professor doesn’t mean you give up your First Amendment rights — and that his beliefs cost him a chance at tenure.
Temes, an assistant professor of health and physical education at Indiana University of Pennsylvania, had been receiving good reviews until last year, when some of his colleagues objected to notices he posted in the hallway of an academic building, among the various other notices that line such hallways. Temes posted — and regularly updated — the death counts of U.S. soldiers and Iraqi civilians killed since the United States invaded.
His department chair sent Temes an e-mail last April stating: “Hanging a body count is not an issue of freedom of speech, but one of using poor judgment and showing lack of sensitivity for students, faculty and staff in our office who have immediate family members who are themselves at risk of dying in Iraq every day.”
In the same e-mail — according to a lawsuit Temes has filed — the department chair, Elaine Blair, requested a meeting to talk about Temes’ anti-war activities and his tenure bid. At that meeting, according to the suit, Temes was told that continued anti-war activity would hurt his tenure bid — and shortly after that he was rejected for tenure.
A spokeswoman for Indiana University of Pennsylvania said that no one at the institution could comment about the allegations.
Normally, tenure lawsuits are very hard to win. But Samuel C. Cordes, a lawyer representing Temes, said that because of the collective bargaining agreement in place at the university, tenure criteria are very specific and somewhat formulaic, so it will be easy to show that Temes met the criteria and was headed to tenure — at least until he exercised his freedom of expression.
The suit filed by Temes in federal district court charges that his First Amendment rights were violated and says that, as a result, he should be awarded tenure.
“It’s a First Amendment issue, and I think it’s important for that reason,” Cordes said. “Any public employee has a right to talk on matters of public interest. The Supreme Court has said that for more than 20 years, especially in the university setting, where there is supposed to be the free exchange of ideas.”
Temes said that he thought it was important, as a professor, to get students thinking about the war in Iraq. “The American media hasn’t been covering the deaths,” he said. It seemed perfectly appropriate for him to put up his notices in the hallway, he said, since the same hallway includes notices that were patriotic or pro-war and a display of alumni and employee relatives who are serving in the military.
At the same time, Temes stressed that the activities for which he was criticized weren’t in the classroom. He said that he doesn’t try to hide his liberal views, but that the war is rarely relevant to his courses, so he doesn’t bring it up. He did call off classes on the day the United States invaded Iraq, and participated in a teach-in instead, and he replaced regular classes with a discussion on 9/11. “I just thought we couldn’t conduct business as usual” after learning of the attacks on the World Trade Center, he said. But Temes said that those rare instances in which world events changed his classes weren’t criticized — his body count and his other anti-war activities were.
He makes no apology for the body counts, and he thinks professors who were offended should respond with their own views, not criticize him for having views.
“I think it’s important for professors to speak out about all social and political issues. There are lots of problems — national, global, that we could and should be addressing,” he said. “The only time many of my colleagues are mobilized is on contract issues, pay and benefits. Sure I want to make a decent wage, but that’s not high on my list.”
While Temes feels strongly about pushing his suit, he also knows these things take time and his current year will be his last at Indiana — unless he is granted tenure. So when not updating his body count, he’s job hunting.
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Indiana University Pennsylvania can be added to the list of Hampton University, Hamilton College, the University of Colorado and others disciplining students and professors who dare challenge the folly of this administration. I wish Prof. Temes all the best in exercising his right and responsibility to educate his students and the public.
Levon Chorbajian, Professor of Sociology at University of Massachusetts Lowell, at 7:56 am EST on December 2, 2005
This professor was instructed to teach, eh, health, not lead leftist protests and make leftist attempts to change the world. As an employee of the university, he overstepped the bounderies. Another leftist loser...
Jason, Mr. Sanity, at 9:18 am EST on December 2, 2005
I sit on a tenure committee. I am always profoundly skeptical when folks claim they have been denied tenure because of “blogs” or public displays that fall clearly within first amendment parameters. My bet: the fellow did not meet the criteria for tenure at the institution.
AG, at 9:23 am EST on December 2, 2005
AM wrote, “My bet: the fellow did not meet the criteria for tenure at the institution.”
AM might have a point. I just checked JSTOR for any articles on physical education written by Alan Temes and could find none.
lnp3, Columbia University, at 9:53 am EST on December 2, 2005
Whether Temes was qualified or not is an issue for a faculty committee to examine; clearly, if the administration was warning Temes not to put information on a bulletin board, and tell him that it might endanger his tenure bid, it is a violation of his academic freedom. The idea that professors should be banned from expressing their political views on bulletin boards is just sickening, and even Stanley Fish wouldn’t agree with that.
John K. Wilson, at 11:29 am EST on December 2, 2005
Seriously, if using JSOTR is your idea of doing research into someone’s publication history, you should drop out of Columbia because your definitely wasting your parents money.
Somebody, at 11:32 am EST on December 2, 2005
right, so the point here in the comments isn’t to debate the merits of pro or anti-war arguments, but the issue the prof’s freedom to post the troop casuality counts and the merits of whether it is wise to do so even if he had the freedom. throwing around epithets like “leftist loser” shows that you have little interest or inclination in a serious discussion but would rather be an unctuous troll.
that aside, because the professor is at a public institution, he should refrain from using that public space for political use. i’ve worked in a few public institutions in a few different states, and it’s been the same at each place.
furthermore, as someone else pointed out, he’s a health/p.e. prof, not a poli sci or sociology prof. that means his “official” statements and positions, when he’s presuming to use his position as a perch of authority, should be limited to his area of expertise. it is often funny how profs who claim academic freedom violations probably have no clue as to what the aaup policy states.
as to whether his publishing production merits tenure, a simple JSTOR search isn’t sufficient for a place like IUP. but the fact that he has none is somewhat telling.
savvy leftist, at 11:32 am EST on December 2, 2005
as if JSTOR has every article published in every field....
Politics is always at play in tenure decisions; sometimes it’s just more overt. I know that an accomplished visual artist at my institution has been told that he will not get tenure because of his antiwar art—it’s not about the quality or quantity of his scholarship or creative work. The current climate of “with us or against us” leaves us little room for the kind of debate the constitutional framers intended for us to have, and critics of the Iraq war are considered ‘fair game.’
Public institutions are not owned by professors (what colleges or univiersities are?), but they are meant to be places of open exchange of ideas, whether or not the citizens like those ideas. if we can’t talk about these issues in public institutions, what’s next?
Ast. Prof., up for tenure at large public university, at 11:32 am EST on December 2, 2005
Arguing that Temes deserved what he got because he posted something on his door is ludicrous. His reviews were positive until he dared to counter his deparment’s party line—no one is disputing his credentials in this article—that’s all speculation. Implying that he should not post politically charged information on his door because he is a PE/Health prof is similarly empty. If professors were held to that criteria (in that very same hallway, I would guess) then virtually nothing would be found on such doors. That might be fine, but of course it is only Temes that is being reprimanded for what’s on his door. Let’s not pretend that the issue is something other than the CONTENT of his messages. Many, many professors post stuff on their doors not “on their dime and their time’ but NEVER get censured. If they did, Gary Larson would lose half his income. This, “it’s a public university blah, blah, blah” argument is a cover.
By the way, posting the number of dead men and women is not inherently diserespectful. If it were then why aren’t people protesting the fact that the numbers (of American service people anyway) are mentioned all of the time in the media? Again, this is a cover, clearly. I might surmise that the real issue about posting numbers was the number of killed IRAQI people, not American soldiers. That number is published far less and has different implications for many people.
Be real, at 1:03 pm EST on December 2, 2005
” .. it is a violation of his academic freedom.”
What rule(s) are you citing? Further — where would you draw the line? President’s office off-limits? VP? Dean? Department head?
There are lots of HPER PhDs. If tenure creates an environment where the tenure-holder thinks she/he has the right to do whatever she/he wants (howl at moon, racial eugenics), three 0.50 adjuncts on five year contracts would meet student requirements, cost less, and be more productive.
” .. hope that faculty and students will inform themselves about what is happening there.”
My God — with blogs, cellphone video, and satellite telephones — Iraq is one of the most heavily-covered conflicts in human history.
Is what you really mean, brain-washing others to your political position? Keep dreaming — your position is already well-known, been reviewed, and put in its place, sir.
” .. places of open exchange of ideas, whether or not the citizens like those ideas.”
So .. you think David Duke and his ilk are as welcome as Temes? My guess is, the IUP administration is avoiding taking positions to avoid costly litigation on this.
If you want to pay for Duke to speak — be my guest. I’m for zero politics — just teach the basics and skip the political hectoring. If people wanted political scream-fests, they’d watch “The McLaughlin Group” on PBS.
“Have we forgotten that tenure was designed specifically to protect exactly this kind of speech?”
Temes is a phys-ed teacher — not social science. And with the following, the public is fully aware of what is happening in Iraq, sir.
http://abcnews.go.com/Nightline/story?id=786279&page=1
http://cryptome.net/dead/dead-gallery.htm
http://www.defenselink.mil/news/casualty.pdf
” .. Many, many professors post stuff on their doors not “on their dime and their time’ but NEVER get censured. ..”
Thanks for reiterating my point. Thanks to you and geniuses like Temes, all postings should be eliminated, to avoid costly litigation.
Pity — my uncle used to post the student newspaper clippings of his students. Well — the Temes’, Churchill’s, Shortell’s, Chrystall’s of the world have put an end to that.
B.J., at 1:49 pm EST on December 2, 2005
OK, what are the rules? What, if anything, can be displayed in the academic workplace? Photographs of the President? Flags? Would something listing the names of the war dead be alright? Could I post data on the dead from past wars? Can I have art in my office? Which artists? Do I need to worry that the visible titles of books in my office might upset a student? When I am off campus can I participate in political events? Suppose I’m at a community forum and a student shows up on the other side? What if I’m on an internet forum and a student shows up on that?
The view attributed to Stanley Fish makes sense, but I detect on these forums a certain intolerance for political speech by anyone employed in higher ed, period. Where I did my undergrad work there were professors who were nationally-known conservatives, who were also vocally involved in campus controversies (and also, as far as I knew, perfectly fine teachers). Nobody complained that they were oppressed as students because these guys’ politics were well known.
Redecorating my office, at 6:27 pm EST on December 2, 2005
My, my, my .. all those photos of the fallen on Nightline, NYTimes, AP
The *fallen*? Oh, please.
You mean the dead. Or the murdered.
And are you mourning for “fallen” Iraqis? Those hundreds of Iraqis now being killed by US-trained death squads, some of whom have been killed by, kid you not, power drills? Doubtful.
Columbia JSTOR researcher: you joining the army, or are you content to snip, chickenhawk, from the sidelines?
Karl the Idiot, at 7:14 pm EST on December 2, 2005
Another sad comment on the tenure system. And on public institutions in the US — so out of step with the way things are done elsewhere in the world as to be laughable. Nowhere else in the western world (perhaps except Singapore, nominally part of that designation) is there such a santimonious awe for the nation, the nation state, the flag, the president, so-called democracy, and the hawks in Washington directing the series of sorry overseas escapades that have divided the US. The idea that a head of department would take issue with what is is pinned to somebody’s door is so out of step with academic norms in public universities in the UK, Australia, and Scandinavia (I know those best) that it would itself attract comment. As I said, sanctimony, US-style. Roll on, the rotating Headship.
SP, at 8:51 pm EST on December 2, 2005
R.A.S. You are not average and not at work all day either....(am and pm blogs)Don’t you have finals or something????
I am so glad I posted our job search on Higher Ed. Thanks it’s working.
CR, Prof at Division 1, at 8:52 pm EST on December 2, 2005
BJ,
Did you really write, “all postings should be eliminated"? If that’s not Orwellian, I don’t know what is.
The far right fringe you represent has apparently totally forfeited any adherence to the constitution, not to mention libertarian principles, in their attempt to justify this war and their attacks on free thinking in this country. After all postings are eliminated, I suppose then all thinking will be eliminated. At that point, the rest of us will be just like you: nothing to say and without a thought in our heads.
be real, at 4:36 am EST on December 5, 2005
I followed this thread with interest as I am also an assistant prof. What bothered me more than the political positions/posturing of the left and right is the simplistic notion that objectivity can be achieved by banning posts. Also the simplistic notion that profs can ever be objective in class or not. Especially from someone like Fish whom I know for reader-response criticism. After the linguistic turn all academics no matter what field should give up even the notion of impartiality.
david lambkin, at 1:48 pm EST on December 5, 2005
I am concerned with why reputedly academic professionals must use monikers and pseudonyms when responding to an article. Those usually appear in sexual-personnel listings, and where the individual is ashamed of who he or she is.
Alan Temes has every right to post his opinions, as that is what many fought and died for. To censor them makes Indiana University of Pennsylvania Law School suspect. As for his publication record, there is no definite guarantee that all things (if any) written by Professor Temes are on the internet. The Library of Congress has only 86 of my books, while other libraries on the internet contain more. These books, by their very nature, preclude me from academic employment for I am (proudly) one of the liberals so easily despised (I write on abortion, Bush, homosexuality, women, minorities, religion and other taboos; IUP has one of my books—surprisingly a very old on on interior design, a strong subject with me, but not my main interest or academic work).
What counts is a person’s education, ability to captivate and educate an audience, inspire others to pursue a genuine conduct of inquiry to make intelligent decisions. Professor Temes, according to IUP, has a respectable and varied education:
Ph.D.-University of Toledo (Ex. Physiology) M.S.-City Univ. of NY (Physical Education)M.A.-CCNY (Medieval/Renaissance Studies)
The fact that Prof. Temes has s varied academic mastery, in my mind, makes him far more qualified to win students, than those with a single subject specialty. This is a complex world and growing more intricate daily. We need more men like Alan Temes, and should ignore those so ashamed of who they are they use cute nicknames.
Arthur Ide, PhD, at 9:33 am EST on December 6, 2005
So we are not to post opinions on our office doors/public bulletin boards/etc. for fear that our students will be hushed, fearing to verbally oppose our views. Pshaw. While encouraging student debate should be a paramount concern of educators, it is silly to think that we can pass ourselves off as opinionless. Do you refer to gay people as “homosexuals” in your literature class? Your students will pick up on the conservative word choice. Have you written an editorial damning Bush’s choice of Alito for the Supreme Court? Your students have probably Googled it and will know better than to submit a paper praising the American anti-abortion movement. We have to live with the reality that we can only be as fair as humanly possible; none of us is perfectly objective.
Also, the argument for protecting the feelings of military families holds little water. Are we to keep the daily papers with their reportage of suicide bombers and servicemen killed from the library as well?
JD Kotula, IUP alum, at 4:43 pm EST on December 9, 2005
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Another brick in the anti-tenure wall
” .. “The American media hasn’t been covering the deaths,” he said. ..”
My, my, my .. all those photos of the fallen on Nightline, NYTimes, AP .. all just the figment of my imagination. God must have granted Mr. Temes such powers of sight that the rest of us don’t have. How extraordinary — how special.
Stanley Fish’s famous statement “on your own time and your own dime” rings clear here, IMHO. IUP (which I have visited) is owned by the taxpayers of the state of Pennsylvania — not a faculty member. Last time I checked, God didn’t give Mr. Temes the right to take control of the state’s property.
If Mr. Temes wanted to set up his display at his home — no problem. Using the public’s property without process — that’s a big problem.
I wonder how Mr. Temes would feel if David Duke decided he and his followers had a right to cover IUP faculty doors with their anti-Zionist statements. Wouldn’t that be a teachable moment?
This is the kind of grand-standing that annoys at least 50% of the taxpaying public into cutting higher education budgets and sends a message that unrestrained use of tenure breeds arrogance and contempt.
(For the record: I have ROTC students with the military in Iraq. I know what the issues are. I have their pictures on my desk. I don’t need lectures by narrow-minded Bush-haters about how stupid Bush is. Just remember: lots of people didn’t vote for Bush — they voted against Kerry.)
R.A.S., Average person at Average college, at 6:00 am EST on December 2, 2005