Academic freedom

Oral History, Unprotected

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U.S. government -- opposing Boston College -- argues against researchers' expectation of confidentiality.

A Reason to Move

Imagine that you are looking for a job. Imagine that you are good at what you do, and you have a choice of opportunities. Imagine being offered jobs that were comparable in almost every way, but located in different states.

In one state, you and your spouse would be able to use a family health insurance plan, visit each other in the hospital, and have a relationship and family that was legally recognized. In the other state, your spouse would have to buy separate health insurance, and there would be no guarantee that doctors, hospitals, lawyers, banks, schools, or anyone at all would recognize your relationship or family.

It’s hard to imagine that anyone would select the second option. And yet, states seem to be lining up to become the next to do away with any recognition of, or benefits for, same-sex relationships. It will be difficult to track the economic impact of these new laws. Some gay and lesbian faculty members will stay put, either because of limited opportunities elsewhere or because of their roots in their communities. But there are also academics who will vote with their feet, and leave institutions in such states.

I left a state that did not recognize my relationship in favor of one that did. I was hired as an assistant professor of biology by the Virginia Polytechnic Institute and State University in 2001. Although I knew that Virginia was a conservative state, I found the department to be very friendly and supportive. Colleagues were welcoming toward my partner, and we enjoyed living in the area.

I believe that I contributed substantially to teaching, research and grant funding during my time at Virginia Tech. In three years, I taught hundreds of students, involved over 40 undergraduates in research, and was awarded over a half million dollars in competitive grants from the National Science Foundation. Most of these funds went toward hiring and training undergraduate and graduate students in Virginia.

During those three years, however, my partner and I paid thousands of dollars for private health insurance when my partner was working part time, because she could not get those benefits through me. We did all we legally could to provide ourselves with the rights enjoyed by heterosexual couples, including the right to visit each other in the hospital and make medical decisions for each other. But we wanted to have a family, and in Virginia we could not both be legally recognized as parents of our future children.

Because it seemed clear that laws of Virginia were not going to change in any way beneficial to us in the near future, I went on the job market in 2004. I was offered an exciting position at a university in Massachusetts, which had just become the first state where same-sex couples could get married. By contrast, around the same time the Virginia legislature passed the "Marriage Affirmation Act." This bill outlawed any same-sex "partnership contract or other arrangements that purport to provide the benefits of marriage." Under some interpretations, this law negated the medical powers of attorney we had obtained to guarantee hospital visitation in case of emergencies.

Virginia Tech attempted to retain me in my position with a counter offer, and my partner and I had several discussions about what it would take to convince us to stay. In the end, we concluded that no amount of salary, extra funds, or other benefits would counteract the risk that our relationship might not be recognized in a time of crisis. While some businesses, schools or hospitals might acknowledge our relationship, we were not willing to risk that they would not. If they did not, the laws of Virginia would support them.

When I announced my departure, I received an e-mail from an administrator who told me that others had left for similar reasons, but had done so quietly. I spoke out about why I was leaving, and I'm writing this article because I believe it's important for educators and politicians to understand that discriminatory laws have a price.

My partner and I moved to Massachusetts and promptly married. Naturally, I have moved my research and whatever funding could be transferred to my new institution, and I am building a federally funded program in my new home. In my first six months, I've brought in more than $150,000 in competitive national grants.

Our primary reason for leaving Virginia was to gain the rights that come from legal recognition of our relationship and future family. It is clear that we would not obtain those rights in the near future in Virginia. States that choose to discriminate against their same-sex couples will continue to lose valued citizens to states that provide the same rights to all individuals, couples and families.

Lynn Adler
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Lynn Adler is an assistant professor of entomology at the University of Massachusetts at Amherst.

Transparency or a 'Selig Strategy'?

As Commissioner Bud Selig and several prominent players attempted to evade subpoenas for recent House of Representatives hearings on baseball’s steroid problem, Rep. Henry Waxman observed, “What strikes me is that baseball doesn’t want to investigate it and they don’t want us to investigate it.” The California congressman summed up baseball’s policy as “don’t know, don’t tell.”

This “Selig Strategy” could also describe the academy’s response to indications that the nation’s humanities and social sciences departments suffer from a lack of intellectual and programmatic diversity. Calls for outside inquiries have been denounced as violations of academic freedom, while few if any signs exist that the very internal academic procedures that created the problem can successfully resolve it.

Instead of imitating baseball’s strategy of trying to cover up relevant information, the academy should bring transparency to the now-cloaked world of faculty hires and in-class instruction, compiling and publicizing the necessary data, probably through college and department Web sites. Such a response would allow the educational establishment to employ the habits of the academic world, namely reasoned analysis through use of hard evidence, to address (and, when false, disprove) specific allegations of ideological bias. At the same time, the exposure associated with greater transparency might deter those professors inclined to abuse their classroom authority for indoctrination.
Calls for any greater openness have encountered fierce resistance from some quarters of the faculty — as seen in many of the contests for the American Association of University Professors' governing council, for which balloting concludes on April 15. Four of the ten races (Districts 1, 3, 8, and 10) feature one candidate who defines academic freedom as chiefly a tool for protecting the professoriate’s dominant ideological faction -- to the point of resisting outside scrutiny and limiting publicly available information about academic matters. In a fifth race, for District 7, both candidates have endorsed this vision.
This cohort has deemed transparency a negative force, and instead has outlined a vision of:

  • Imagined reality, in which leftists and far lefists -- despite myriad surveys suggesting their substantial overrepresentation on the nation’s campuses — represent a besieged minority in the academy. In 1999, for instance, District 8 candidate Ellen Schrecker doubted that if “America was to enter another Vietnam War,” junior faculty members would “express themselves as freely as we did in the 1960s.” Though the professoriate’s outspoken hostility to the Bush administration’s Iraq policy belied this prediction, the platform of District 7 nominee Jeffrey Halpern nonetheless continues to assert, "The exercise of free expression among tenured faculty is being radically curtailed in the name of national security." Radically curtailed?
  • Professorial privilege, in which faculty possess an apparently unlimited right to bring their political agendas into the classroom. After a 2001 job action by the California Faculty Association included calls for professors to insert pro-union statements into their course syllabi, District 1 candidate Susan Meisenhelder scoffed that administrators who protested the policy overlooked how “important university traditions such as academic freedom” allowed professors to infuse their courses with political material. In this vision of the academy, undergraduates, like administrators, cannot even publicize their dissent. In early 2005, Schrecker charged that students who criticized the imtimidating behavior of anti-Israel professors of Middle Eastern studies at Columbia University wanted “to impose orthodoxy at this university, often in the name of academic diversity.” Better, evidently, for universities to cover up classroom misconduct, especially if the professors in question are expressing the preferred viewpoint on contemporary foreign policy issues.
  • Freedom from oversight, in which faculty members are responsible to no one and the goal of professional organizations is to conceal information that faculty ideologues find inconvenient. District 3 candidate Roxanne Gudeman promises to contest "unacceptable intrusions” that seek “to monitor and censor the political, ideological, and ethnic backgrounds of members of the academy and their teaching and research.” (Gudeman also champions ethnic and racial diversity programs, which, if nothing else, monitor the “ethnic backgrounds of members of the academy.”) District 10 candidate Michael Bérubé has committed himself to fighting "concerted and well-organized attacks on the professoriate,” including calls for an advisory board for Title VI area studies programs -- as if professors, alone among recipients of federal appropriations, are entitled to receive public moneys without legislative oversight.

The polar extreme of these viewpoints, of course, is David Horowitz’s Academic Bill of Rights (ABOR), which the AAUP has formally condemned as a political intrusion into the academy. The “Selig Strategy,” however, represents a remarkably ineffective response to the ABOR movement. Public support for ABOR derives from a perception that most professors have little interest in restoring intellectual diversity to the academy. In light of scandals at such prestigious institutions as Columbia and Colorado, faculty organizations issuing blanket assertions that all is well in their ranks and dismissing outside criticism as illegitimate only reinforces the impression that the professoriate has something to hide regarding the ideological tenor of classroom instruction.

There are, of course, occasions — the McCarthy Era was one, the early stages of the Vietnam War, perhaps, another — that justify aggressively utilizing the principle of academic freedom to prevent inappropriate outside scrutiny. But higher education, like baseball, is an institution whose survival depends on public support. Just as Mark McGwire sacrificed the public’s trust when he told congressmen that he would not “talk about the past,” so too will higher education’s public standing be diminished by continued claims that academic freedom allows the professoriate to ignore allegations of ideological bias. Even institutions not reliant on taxpayer support cannot long flourish in an atmopshere of widespread public distrust of the academy’s values.

Fortunately, a middle ground exists between the “Selig Strategy” on the one hand and having state legislatures dictate classroom content on the other. Transparency — not a claim that academic freedom prevents public scrutiny — represents the most effective way to respond to criticism of bias among the professoriate. “Sunlight is the best disinfectant,” noted Alan Charles Kors and Harvey Silverglate in Shadow University, applying Justice Louis Brandeis’ famous dictum to the problems of higher education. The Internet provides an unparalleled opportunity to demonstrate the inner workings of the academy to legislators, trustees, alumni, and taxpayers. If professors have nothing to hide, they have nothing to fear from drawing back the curtains regarding personnel and curricular actions.

To my knowledge, no university requires departments to publicly explain how and why they have allocated new lines. Imagine if every other year, every college department published on its Web site a statement about shifts in lines. For example, a religion department that had replaced one of four slots studying Christianity with one focusing on Islam might explain that it did so because of increased scholarly and student interest, post-9/11, or because the field had produced important new scholarship on Islam-related themes.

My own discipline, for example, has witnessed a sharp decline in positions in political, diplomatic, constitutional, and legal history over the past generation. Perhaps intellectually compelling reasons exist for dramatically shifting staffing toward adherents of the trinity of race, class, and gender. Yet absent any public justification, it’s hard to think of a reason other than ideological bias why, say, the University of Michigan’s History Department, whose ranks already included five U.S. women’s historians, used new lines to hire three more specialists in women, gender, and sexuality — all while the department lacks even one historian currently working in U.S. foreign policy.
Even more discouraging, despite the credible allegations of in-class bias by professors, I know of no university that requires faculty members to publicly post their course descriptions, syllabi, assignments, and lecture notes. The latter requirement, admittedly, would mean more work for professors, in that notes would need regular updating, but it also would provide concrete evidence that faculty members are always revising their in-class presentations to reflect new scholarship in their fields, while seeking to teach the subject matter at hand rather than attempting to shape their students’ viewpoints on controversial contemporary issues.

Of course, this strategy also would expose improper conduct to the light of day — as when Professor Joseph Massad, of Columbia’s Middle Eastern studies department, informed one class that “Israelis introduced plane hijackings” to the Middle East and that Zionist leader Theodor Herzl allied with “anti-Semites” to “help kick Euro[pean] Jews out.” Faculty members committed to the indoctrination approach could theoretically post neutral lecture notes while maintaining wholly biased classroom presentations. But such a strategy would constitute outright deception on the part of the professor, behavior that few administrations would be likely to tolerate.

In their platform, Schrecker (who has darkly hinted of an Internet-related “virtual McCarthyism”) and her cohort oppose any movement toward greater transparency. Might they fear that sunlight would confirm some or all of the outside critique of ideological bias? More ominously, do they speak for a majority in the academy?

“The thought police,” Harvard professor Stephan Thernstrom recently observed, are now “not just outside, on some congressional or state legislative committee. They are inside too, in our midst.” The educational establishment can imitate baseball’s 1990s strategy and ignore the problem, hoping that no one notices the ever more powerful internal threat to academic freedom. But, as Bud Selig and Mark McGwire have just discovered, the “don’t know, don’t tell” approach entails substantial risks. In this situation, transparency, not utilizing “academic freedom” to shield professors from outside scrutiny, represents the best course for the academy to adopt.

KC Johnson
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KC Johnson, a professor of history at Brooklyn College and the CUNY Graduate Center, is a visiting professor at Harvard University for the spring 2005 term.

Who's Undermining Free Speech on Campus Now?

Freedom of speech is crucial both to a healthy democracy and the life of the mind. The First Amendment to the U.S. Constitution prohibits Congress from any act that would abridge it and the charters of most of our colleges and universities recognize that freedom of thought and speech are essential to a healthy academic community.

Yet, freedom of speech has been a contested value since the birth of the Republic, most commonly in periods of war, from the Alien and Sedition Acts of 1798 through the USA Patriot Act of 2001. It isn't surprising, then, that freedom of speech is now under siege. What
is new in our academic communities is that it is threatened both from within and from outside them.

The internal threat to free speech in academia is posed by speech codes. They take many forms and vary from one college to the next university. After the 1960s, when American colleges and universities ceased to operate in loco parentis, campus speech codes emerged on one campus after another as a means of securing a "safe space" for some
students who were offended by certain kinds of speech. On one campus or another, speech that is discomforting, embarrassing, flirtatious, gender specific, inappropriate, inconsiderate, harassing, intimidating, offensive, ridiculing or threatens a loss of "self-esteem" is banned by speech codes.

Too often, they target student critics of academic bureaucracy. Taken literally, speech codes would ban healthy jeering at a visiting sports team. Wouldn't want to intimidate those Aggies! More importantly, teachers have to be able to urge students to consider perspectives that they had not previously considered, without fear of being accused of being "offensive." Ultimately, speech codes are problematic because they vest final authority in the subjectivity of the offended.

Whether it is "intentional or unintentional," for example, Brown University bans all "verbal behavior" that may cause "feelings of impotence, anger, or disenfranchisement." The
nation's Founders, who did not mind offending British authorities, would have been ill-educated by such constrictions on free speech.

The problem with speech codes is that speech that should be self-governed by good manners and humility is prescripted by inflexible legal codification. Fortunately, however, the Foundation for Individual Rights in Education has fought and won a series of legal battles that have curtailed the prevalence of speech codes in public higher education.

In private colleges and universities, where First Amendment rights do not necessarily
prevail, the struggle continues on an institution by institution basis. Just when there is good news to report about the unconstitutionality of speech codes on public campuses, however, new threats to free speech arise from outside the academic community.

They come from the Center for the Study of Popular Culture. The center and its legal arm, the Individual Rights Foundation, are led by David Horowitz. A militant activist on the left in the 1960s, Horowitz abandoned it 25 years ago to become a militant activist on the right. Most recently, he has campaigned for enactment of an "Academic Bill of Rights."

Like campus speech codes, Horowitz's Academic Bill of Rights appears well intentioned. Insisting that academic communities must be more responsive to outside criticism, it adopts a form of the American Association of University Professors' 1915 "General Report of the Committee on Academic Freedom and Tenure." It holds that political and religious beliefs should not influence the hiring and tenuring of faculty or the evaluation of students, that curricular and extra-curricular activities should expose students to the variety of perspectives about academic matters and public issues, and that institutions must not tolerate obstructions to free debate nor, themselves, become vehicles of partisan advocacy.

Who could oppose such commitments? They are already features of academe's assumed values. Yet, the American Association of University Professors and the American Civil Liberties Union criticize Horowitz's "Academic Bill of Rights" as an effort to "proscribe and prescribe activities in classrooms and on college campuses."

One has only to look at the legislative progress of Horowitz's political campaign to understand why. His bill has been introduced in Congress by Rep. Jack Kingston, but it's had greater promotion in the state legislatures of California, Colorado,
Florida, Georgia, Indiana, Maine, Massachusetts, Ohio, Tennessee, and Washington.

Instead of being the even-handed vehicle it claims to be, everywhere it is a function of right-wing attacks on academic communities. In Florida, for example, Rep. Dennis Baxley says that the bill he introduced will give students legal standing to sue professors who do not teach "intelligent design" as an acceptable alternate to the theory of evolution. His critics respond that it could give students who are Holocaust deniers or who oppose
birth control and modern medicine legal standing to sue their professors. Beyond the governing authority of Florida's public colleges and universities and in the name of free thought and free speech, it would encode in state law restrictions against those values.

The Founders, who recalled their own exercise of free speech and free thought, when they challenged British governing authority, wrote guarantees protecting them from constricting government action. In academic communities, we need an alliance across ideological divides to support free speech by abolishing "speech codes" and to fight the "Academic Bill of Rights" in state legislatures and the Congress because it is a Trojan Horse that intends the opposite of what it claims on its face.

David Beito, KC Johnson and Ralph E. Luker
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David Beito is an associate professor of history at the University of Alabama; KC Johnson is a professor of history at Brooklyn College and the CUNY Graduate Center. Ralph E. Luker is  an Atlanta historian.

David Horowitz's War on Rational Discourse

It has been heartening to witness the recent runaway success of Princeton emeritus Harry G. Frankfurt’s latest book, On Bullshit. First published as an essay in 1988, Frankfurt’s splendid study is largely an effort to distinguish between lies and bullshit. A liar, Frankfurt notes, acknowledges truth-systems yet tries to pass off information that is not true. "Someone who lies and someone who tells the truth," he tells us, "are playing on opposite sides, so to speak, in the same game." The bullshitter, by contrast, fails to really acknowledge the validity of any truth-claims or truth-systems.

The author concludes that "the fact about himself that the liar hides is that he is attempting to lead us away from a correct apprehension of reality; we are not to know that he wants us to believe something he supposes to be false. The fact about himself that the bullshitter hides, on the other hand, is that the truth-values of his statements are of no central interest to him; what we are not to understand is that his intention is neither to report the truth nor to conceal it."

When applying Frankfurt’s useful distinction, we need, at the very least, to recognize that if something about a particular piece of bullshit happens to be true this does not make it any less bullshit, and that lies and bullshit are by no means mutually exclusive.

Enter L.A. tabloid editor David Horowitz, liar extraordinaire and author of the incomparable bullshitting manual The Art of Political War and Other Radical Pursuits (Spence Publishing, 2000). This book, much applauded by Karl Rove, promulgates a political endgame in which brute force triumphs over any notions of intelligence, truth or fair play. The author contends that "[y]ou cannot cripple an opponent by outwitting him in a political debate. You can only do it by following Lenin’s injunction: ‘In political conflicts, the goal is not to refute your opponent’s argument, but to wipe him from the face of the earth.'"

What, exactly, is he getting at in this passage? Since, on the home front, it would be illegal to actually liquidate the enemy, Horowitz does not want us to take Lenin’s apocalyptic injunction too literally. Instead, he believes you should drown your political opponents in a steady stream of bullshit, emanating every day from newspapers,  TV and radio programs, as well as lavishly funded smear sites and blogs. He also thinks you should go on college lecture circuits where you can use incendiary rhetoric to turn civilized venues into the Jerry Springer show, and then descend into fits of indignant self-pity when someone responds with a pie to your face.

The only honorable way to combat Horowitz’s bullshit is by fully repudiating his modus operandi, and depending instead on the very wits, arguments and refutations that the Leninists repudiate. Indeed, these methods prove optimal for exposing any number of Horowitzian techniques, ranging from cooked statistics, race-baiting and guilt by association to editorial foul play and baffling logorrhea.  But refuting Horowitz is not simply a matter of observing the tide and eddies in an unending stream of bullshit. It also means trawling through that same discharge in order to extract any number of dangerous lies.

Earlier this year, I spent a good deal of time refuting Horowitz’s so-called Academic Bill of Rights, and explicating the twists and turns of his instrumentalist version of "truth." In the course of our exchange, Horowitz spewed a lot of the usual BS, but he also floated some audacious lies. For instance he tried to convince readers that his conservative-funded bill -- basically just a guileful attempt to sanction the Fox News agenda in the nation’s universities -- was actually a non-partisan document with intelligent academic backing. To bolster his case, he tried to make us believe that three "left wing" professors (Todd Gitlin, Michael Bérubé, and Stanley Fish) and one avowed libertarian (Eugene Volokh) actually told him that they didn’t mind the bill.

After I debunked that lie (simply by asking the four professors what they thought about the bill), Horowitz went on to claim that neither Gitlin, Bérubé nor Fish "had any objection to the Academic Bill of Rights" even though I had quoted their extensive objections. (Who but a consummate bullshit artist could hope to construe the phrases "a bad idea," "a nonstarter" and "a disaster" as endorsements?)

Last Friday, in a lame provocation following a debate with me on PBS’s Uncommon Knowledge (a show destined to air, in a trimmed version, around June), Horowitz actually told the moderator Peter Robinson, in my presence, that the Academic Bill of Rights had met with the approval of Fish, Gitlin, Bérubé and Volokh. (Really? Robinson asked incredulously. No, not really, I said; I’ll send you a web link. Horowitz settled into his customary rage.)

During the filming of that segment, my rabid opponent recycled a much bigger and more dangerous lie about the American Association of University Professors -- one already published in the same smear in which he flaunted his imaginary supporters. There he states that "[t]he AAUP ... was silent or collusive in the face of the most brutal abrogation of First Amendment Rights in 50 years, when university administrations in the 1980s and 1990s instituted 'speech codes' to punish students for politically incorrect remarks. The AAUP has been silent on all ... infringements of free speech, or it has lent its support to the political thought police."

This is classic Horowitziana -- a complete lie mired in a mighty river of bullshit. Although the AAUP did take a few critical years to develop its policy against speech codes, for Horowitz to say that it supports these codes is no better than calling him a leading exponent of kitsch Marxism because he happened to be one for a decade or two.

By lying about the AAUP, Horowitz hopes to divert readers from the fact that this fine organization came out categorically against all university speech codes in a resolution approved in 1992. That document, reprinted in AAUP’s fully-indexed Redbook, unambiguously asserts that "[o]n a campus that is free and open, no idea can be banned or forbidden," and that "rules that ban or punish speech based upon its content cannot be justified."

Why is Horowitz so eager to make us think that the AAUP actually supports speech codes and "political thought police"? Mainly so he can then construe their reasoned resistance to his efforts to police knowledge and relativize truth as an unreasonable affront to student liberty. This rhetorical inversion of the truth is part of the larger strategy of doublespeak that leads him to couch his coercive speech legislation in the language of freedom and diversity, as if it were some kind of newly fortified version of the First Amendment. Like the line about his professorial support group -- a fiction designed to make a partisan power-grab look like a movement with mainstream academic backing -- these twistings of the truth are part of the same campaign of Horowitizian bullshit, lies and doublespeak. It’s a dirty job all right, but we need to keep exposing this fraudulent talk for what it is.

Graham Larkin
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Graham Larkin is a humanities fellow at Stanford University, where he teaches in the Department of Art and Art History.

The 'No Viewpoint' Viewpoint

Imagine a college student returning to campus next fall and being greeted by a student government representative who asks her if she is devoutly religious or not. She answers “yes” and the representative responds, “I am sorry, the student government has decided that the separation of church and state means that, as state college, we have to be free of religious students. You may want to consider a religious college.” Next imagine this befuddled student taking her complaint to the president of the college and he says “Yes, I know the student government’s interpretation of the Establishment Clause is wrong and utterly violates the U.S. Constitution, but I don’t want to interfere with their autonomy.  Besides this is a ‘teachable moment.’ If they eventually get this ‘no religious students on campus’ decision in front of me, however, I will veto it. In the meantime, have you considered a religious college?”

While I have seen abuses of the Establishment Clause almost as ridiculous as this in my career, I use the above example to illustrate the absurdity of a public college delegating students’ constitutional rights to the student government. In cases across the country, however, administrations have stood idly by while student governments pass rules and make decisions that flatly violate the Constitution. One recent case that demonstrates this phenomenon involves the University of Wisconsin at Eau Claire, where the student government passed a rule in March banning groups with a "particular ideological, religious, or partisan viewpoint" from receiving student-fee funding. 

This may not seem like a particularly big deal to some. What the students and many observers don’t seem to understand is that profound moral and constitutional principles are violated by this rule.
The case no one seems to have adequately explained to these students is the 2000 U.S. Supreme Court case Board of Regents v. Southworth. In that case a group of students (also at the University of Wisconsin, in that case at Madison) objected to the mandatory student fee because much of the money -- money they were forced to pay in addition to their tuition -- went to support groups they fundamentally disagreed with. This is a serious civil liberties concern. As bad as it may be to tell citizens what they can’t say, it is far worse to tell them what they must say, and perhaps worse still to tell them they must directly fund groups that they fundamentally oppose. Why, for example, should pro-life students be forced to give money to pro-choice student groups, or gay students be forced to give money to groups that believe homosexuality is sinful?
The Supreme Court in Southworth, however, did not see this as forced support of other’s opinions as long as certain conditions were met. In this unanimous decision, Justice Kennedy argued that, while people should not be forced to directly subsidize speech they despise, the student-fee system was more akin to a subsidy of free speech for all students in general -- as long as the collected funds were distributed without regard to the viewpoint of the student groups. The decision was a kind of constitutional compromise: public colleges may collect mandatory student fees if, and only if, student groups of every opinion (or no opinion at all) could apply for funds on an equal basis. While colleges would have every right to set up “viewpoint-neutral” criteria for funding, like requiring a certain number of students to be a members before being recognized or only funding on-campus events, the fact that students or administrators did not like the message of particular student group could not be used to deny a group funding from the mandatory student-fee pool.
Other options are also open to public colleges under Southworth. Public colleges can, for example, eliminate student fee funding altogether, or they can designate its use for narrow content-neutral categories, like designating fees exclusively for intramural sports, or monthly social events. The analysis gets trickier if a college with mandatory student fees banned groups with formal ties to outside political groups like the College Republicans or the College Green Party.

In order to stand a chance of surviving a Southworth challenge, the college would likely have to ban funding for all groups associated with outside organizations (a tricky and difficult standard to administer, that would doubtless prevent many students from forming the groups they would prefer to form) but even doing that would not rule out the chance of a lawsuit. Anytime administrations, and, in particular, student governments are empowered to take the content of a group into consideration the possibility of such a standard being used against groups with unpopular viewpoints (and, thereby, violating Southworth) presents itself.

Unfortunately Southworth’s requirement of “viewpoint neutrality” is often badly misunderstood and the Eau Claire student government has turned the concept completely on its head. Over the past year the student government and some members of the student media have interpreted "viewpoint neutrality" as meaning that they could not fund student groups that had any particular viewpoint or "bias." As part of growing trend coming from both the left and the right to route out "bias" on campus, a ranking student representative was even quoted in Eau Claire’s student newspaper as saying, "We want to exclude any groups that would be religious in nature, political in nature or anything that would have a political agenda [from being funded through student segregated fees]."

This statement directly contradicts numerous binding Supreme Court cases, including Southworth and Rosenberger v. Rector & Visitors of the University of Virginia, and flatly discriminates against both religious and secular viewpoints. Why didn’t the administration offer some guidance to the students? After all, the student government was publicly contemplating passing a rule that violated the U.S. Constitution for months.

The Foundation for Individual Rights in Education wanted to know why the administration was allowing their students to flounder and then flout the Constitution so blatantly, so it wrote the president and the upper administration. In an April 6 letter, FIRE emphasized a point that should be clear to any high school civics class: "As a state institution, the university and its administrators should understand that UWEC has a non-delegable duty to ensure that the First Amendment rights of its students are protected, and that no federal, state, local, or university rule, policy, or regulation can trump the exercise of rights guaranteed by the United States Constitution ." FIRE received a belated reply from the general counsel that allegedly the policy was “not yet in effect” and was pending review by her office, which would guide the university to deal with the policy in compliance with Southworth .
While this gives some hope that the rule will eventually be overturned, during the previous fall the student government refused to recognize a student magazine called The Flip Side because of its "progressive bias." The new, highly unconstitutional, regulation passed on March 14, 2005. The students have been laboring under the viewpoint that strong points of view are bad for months now. What exactly is the administration waiting for?

In previous situations where student governments have attempted to limit the free speech rights of other students, like University of Oregon where the student government stripped a student magazine’s recognition for poking fun at a transgender student representative who asked to be referred to as “zi” or “hir” rather than gendered pronouns like “he” or “her,” administrators essentially argued that that they did not want to interfere with the autonomy of the student government. While respect for the democratic process is commendable under some circumstances, one of the basics of our democracy is that there are some rights we deem too important to vote away. That is the reason why we have a Bill of Rights. The importance of the autonomy of the Eau Claire student government does not exactly match in importance the protection of free speech principles.

Some of the students seem to genuinely misunderstand the law here, and due to this misunderstanding they are violating the U.S. Constitution.  As soon as administrators found out about this debate they should have informed the students that their interpretation of “viewpoint neutrality” was not just wrong but unlawful. Instead they have allowed student groups and the student government to fight it out among themselves with no apparent effort by the administration to defend the groups that were faced with these unconstitutional criteria.
Meanwhile students write editorials interpreting Southworth to mean "student fees could only be used to fund content-neutral organizations." If this is one of those "teachable moments" that educators talk so much about, it has failed. It is time the Eau Claire administration — and other universities where student harbor similar misunderstandings — do their job and teach their students what "viewpoint neutrality" really means.

Greg Lukianoff
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Greg Lukianoff is director of legal and public advocacy for the Foundation for Individual Rights in Education.

Ever Vulnerable Adjuncts

That Ward Churchill has become synonymous with the cause of academic freedom is a mixed blessing for non-tenured college instructors. Churchill, an ethnic studies professor from the University of Colorado at Boulder, famously characterized some of those who died on September 11 as “little Eichmanns,” arguing that militarism abroad and fixation with capitalism at home had implicated many Americans in the attacks.

Even though many disagree with him politically, academics across the political spectrum overwhelmingly agree that Churchill should not be punished or fired for having made controversial statements. After several attempts, the Colorado Board of Regents determined that it could take no action against Churchill for his comments because he is tenured. It is little noted, however, that Churchill won a victory for the institution of tenure, but not academic freedom.

According to the American Association of University Professors (AAUP), about 44.5% of teachers in American higher education are "contingent" -- non-tenure-track professors and adjuncts. Adjuncts, in particular (I am one), are classified as "part-time," but often teach an equivalent of full-time course loads, currently teaching about 20 percent  of courses nationally. They usually work without benefits, such as health insurance, and often outside the bounds of contracts. More often than not, they are excluded from campus decision-making bodies and faculty meetings.

In public universities, which are particularly and woefully under funded, adjuncts may constitute more than 50 percent of the faculty. At the City University of New York’s community colleges, for example, over 60 percent of classes are taught by adjuncts. As is often noted, this trend is on a sharp incline, as retiring professors are increasingly replaced by adjuncts. At CUNY, depending on how many courses adjuncts teach, as many as five or six adjuncts can be hired for the same price as one permanent faculty member.

Despite these trends, defenders of the academy seldom note that adjuncts are almost completely unprotected from charges associated with the content of their lectures. Since, as in Churchill’s case, academic freedom was defended by asserting contractual protections afforded by tenure, and not professional norms, those without the legal coverage that tenure provides are vulnerable. As a further result, the question of academic freedom has not been brought into discussions about the general labor practices of academe. With fewer professors being hired to tenure-track positions, the safeguards of academic freedom apply to an increasingly small percentage of faculty members.

Churchill’s case makes these vulnerabilities clear. Though the protections afforded by tenure have been affirmed in his defense, the University of Colorado board is now investigating whether or not Churchill was rightly awarded tenure in the first place, looking into allegations of plagiarism and the possibility that he misidentified himself as a Native American in order to benefit from affirmative action. The board recognizes that only by peeling away Churchill’s tenure can it remove him.

One can imagine how universities would likely respond to public charges against adjuncts to whom they have virtually no legal responsibility. Because of the power of alumni donations, not to mention state legislatures, it is more expedient for colleges to dismiss adjuncts and other contingent faculty than to fight and garner negative publicity. Technically, public colleges do have a legal obligation to protect the freedom of speech of their employees, but charges against professors can produce a more insidious effect: adjuncts, who are appointed on a semester-by-semester basis, are simply not invited back.

This is no mere conspiracy - such cases have occurred across the United States for reasons ranging from political affiliations to religious expression. In April, for example, as Inside Higher Ed reported, Indiana Institute of Technology forced Mark Tschaepe to apologize after two students complained that he had assigned a philosophy essay on pornography to his class. Tschaepe was not reassigned to teach the following semester. Similarly, John Jay College of CUNY decided not to reappoint Susan Rosenberg, a former member of the Weather Underground convicted of weapons possession, and pardoned by President Clinton, to its adjunct faculty after she had taught for four semesters. According to the AAUP, the decision was made without "specific academic grounds for rejecting the wish of her faculty colleagues to reappoint her" and was a response to “pressure groups that seek to dictate personnel and curricular decision.”

Many adjuncts fear that students may record lectures or take notes to trigger actions like these, and the results of laboring under these conditions are palpable. In the wake of charges of anti-Semitism at Columbia University, for example, attorney and Harvard professor Alan Dershowitz, told the conservative Committee for Accuracy in Middle East Reporting that “There are some dangers, of course, in having all classes recorded, but I think on balance, the benefits outweigh the dangers.”

Such activities are not only encouraged, but are in some cases funded. David Horowitz’s Center for the Study of Popular Culture, with dozens of local campus chapters called Students for Academic Freedom, have set out to document, publicize and pursue the purported indiscretions of instructors. Horowitz’s organization’s goals include fighting “the leftist, anti-American, elitist culture [and exposing] the idiocies and the viciousness of the radical leftism in universities, the media, mainstream churches, and everywhere else this modern plague is found.” This March, a Florida House committee voted 8-2 in favor of an “Academic Freedom Bill of Rights” in part based on the Horowitz model (though the bill later died in the Senate). Part of the goal of those who voted for it is to weed out “leftist totalitarianism” propagated by “dictator professors.” In addition, Web sites such as and are rife with allegations of bias, many of which are unchecked, undocumented and posted anonymously.

These efforts turn the classroom into a potential site of surveillance, and not open engagement and discussion. Even the possibility of students reporting on their instructors changes the way adjuncts teach. It is tempting, for example, to soften the content of lectures to avoid potential accusations of bias, losing the sharpness of thought that universities pride themselves on. Paradoxically, this tension is most intense at exactly those moments when interpretive courage is most pedagogically (not to mention intellectual) valuable. This is particularly true, as I have witnessed this year, when teaching sensitive texts as the Bible or Koran as political works. While lecturing about Moses’ leadership style, for example, and considering the purely political and Machiavellian tactics of his actions in leading the Jews to the Promised Land, I found myself thinking: should I help them draw the conclusions that the text seems to suggest, or should I be more careful, and prevaricate? I opted for the former, but not without concern.

Worse still, this fear increases the division between students and teachers, and strains the trust that is essential for both teaching and learning. Many students sense intellectual dishonesty and hesitation immediately. But as most adjuncts are working toward full-time positions themselves -- reaching for the job stability and benefits that they lack -- there is a particular fear that charges against them could damage their professional reputations and chances for real employment. The institutional forces to which contingent faculty are subjected, in short, encourages trading analytic rigor for long-term career interests -- an intellectual Faustian bargain of the worst sort.

While the protection of tenure is a crucial component of the long term interests of all educators, almost 50 percent of American university instructors are vulnerable to immediate attack. This point has been lost in the wake of the Churchill affair, just as groups seeking to attack freedom of speech in the academy regard Churchill’s triumph as a glaring validation of the seriousness of their cause. These groups were steeled by Churchill’s victory, and are mobilizing with renewed energy and purpose. This reason alone should make colleges think seriously about how they will protect all of their faculty members.

Dan Skinner
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Dan Skinner is an adjunct instructor of political theory at Hunter College, City University of New York, and a Ph.D. student in political science at the CUNY Graduate Center. He also has a blog, Parsing the Political.

Money and Motives

In the past year or so, the latest in the perennial waves of attacks by conservatives against liberal bias in college faculties has included several research reports like one by National Association of Scholars allies Stanley Rothman, S. Robert Lichter, and Neil Nevitte, "Politics and Professional Development Among College Faculty,” decrying a preponderance of Democrats in academe. These reports have worked in tandem with the crusade led by David Horowitz for an "Academic Bill of Rights," versions of which were introduced into several state legislatures.

Aside from the disputable accuracy of conservatives’ charges, it’s time to call attention to their frequent origin in organizations funded by Republican-aligned foundations.

Conservatives claim that "their" foundations and think tanks simply serve to counterbalance more highly funded liberal foundations, professional organizations like the American Association of University Professors and the Modern Language Association, and the totality of university scholarship. These are false comparisons:

1. The conservative foundations and think tanks established in the past 30 years were designed to be, in effect, public relations agencies or lobbies for the Republican Party and the political and economic interests of their corporate sponsors, many of whose executives have also been visibly partisan, influential figures in that party, such as Richard Mellon Scaife (Scaife Foundations), the Coors family (Heritage Foundation), William Simon (Olin Foundation), and William Baroody (American Enterprise Institute). The same cannot be said for more liberally inclined foundations like Ford, Rockefeller, Carnegie, and MacArthur, in relation either to corporate sponsors or the Democratic Party. The very fact that these foundations fund projects that are often antithetical to their corporate patrons' class interests is evidence that their motives are philanthropic, not propagandistic; they fund precisely the kind of projects least likely to attract corporate sponsorship. This can also be said about George Soros’ politically oriented projects; Soros, perhaps more than any other liberal sponsor, does have Democratic Party ties comparable to those of Scaife and other Republicans -- he supports, the Center for American Progress, Emily’s List, Americans Coming Together and several labor unions -- but it would be hard to make a case that his philanthropy advances his corporate interests. Much of his and his grantees’ writings warn against capitalists like him gaining too much wealth and power. In contrast, the outcome of the ostensibly objective research conducted by conservative corporate-funded scholars is virtually predetermined to support its sponsors’ financial and ideological interests.

2. Academic professional associations democratically represent their membership, and are primarily funded by dues. Their officials are not appointed by, and are not accountable to, any higher power or special interest other than the majority rule of their members. Thus, whatever political biases they may have are those of their own constituencies, not of patrons or party organizations.

3. Likewise, the terms of faculty hiring and salary are normally determined by peers, not patrons or parties. The political views of  faculty members in the humanities and social sciences are, in general, the consequence of their years of independent study, not influenced by outside sponsorship or affiliation with party apparatuses. That is, they may vote Democratic, but, with rare exceptions -- Robert Reich comes to mind -- faculty liberals, and especially radicals, in recent decades have not had the kind of insider roles in the Democratic Party or presidential administrations that Republicans with academic backgrounds like William J. Bennett, Lynne Cheney, Irving and William Kristol, and Chester Finn, all also beneficiaries of the conservative foundations, have had in that party. It is a breathtaking bit of sleight-of-hand that so many conservatives’ high-minded protests against the politicizing of higher education have come from individuals and foundations that are up to their neck in Republican politics and that have the power to incite government action against their academic opponents.

I do not doubt that many scholars who accept money from the conservative foundations maintain intellectual independence and integrity, and are motivated by their own beliefs. It is disingenuous of them, however, to claim they are not compromised by their sponsors’ motives of recruiting the best minds money can buy. These scholars claim that the sponsors do not dictate a line to them, which may be strictly true, but there have been cases of withdrawal of support to grantees who depart too far from the sponsors’ line. Ample evidence of sponsors’ direct control of studies by conservative think tanks and foundations has been provided by apostates from them like Michael Lind and David Brock.

Lind, in Up From Conservatism, writes: “The network orchestrated by the foundations resembled an old-fashioned political patronage machine, or perhaps one of the party writers' or  scholars' guilds in communist countries. The purpose of intellectuals was to write essays and op-eds attacking liberals and supporting official Republican party positions.” Brock, in Blinded By the Right: The Conscience of an Ex-Conservative, describes the executives heading the conservative “counter-intelligentsia” as “Leninists of the right,” who exercise control over their subordinates that is “far more rigidly doctrinaire than the PC crowd that had so offended me [as an undergraduate] in Berkeley.”

Brock exposes the pseudo-scholarly trappings of conservative think tanks, mocking his own former title of “John M. Olin Fellow in Congressional Studies” at Heritage. He also recounts how Scaife, the biggest financier of right-wing attacks on Bill Clinton before and throughout his presidency, withdrew funding from Brock (who at that time was the highest paid political journalist in America) and later from The American Spectator when he found their writings about both Bill and Hillary Clinton insufficiently damning.

Conservatives insist that their studies should be judged solely on their intrinsic validity, and they dismiss any suggestion that their sponsored scholarship or journalism is tainted as a fallacy of guilt by association, poisoning the well, or argument ad hominem (perhaps ad lucrem would be the more appropriate term). But a rhetorician’s motives, associations, and past credibility are sometimes relevant considerations. Are we not justified in being more skeptical about the motives and merits of arguments presented by hired lobbyists (say, for the tobacco industry), party propagandists and spin doctors, advertising or public relations agents, than we are about those presented by independent scholars and journalists? So shouldn’t those who accept funding from the Republican-aligned foundations also be willing to accept the burden of proof on their independence?

Conservatives may not like the politics of us tenured radicals, but it would be hard for them to claim that many of us are in it for the money. For example, the Radical Caucus in MLA, to which I belong, for the past 30 years has been publishing the journal Radical Teacher. Its editors from the beginning have included such leftist notables as Richard Ohmann, Louis Kampf, Paul Lauter, and Lennard Davis, who are portrayed by conservatives as immensely powerful figures. (Lynne Cheney’s 1995 book Telling the Truth singled out Radical Teacher as a key organ of the leftist menace.) When academic leftists were starting out in the sixties, we were as marginalized as conservatives now claim to be. Many of us didn’t get jobs or were fired after gaining them, because of our politics. (This still sometimes happens, contrary to conservatives’ lurid accounts of leftist academic hegemony; some editors or contributors at Radical Teacher are afraid to list it on their vitas.)

To be sure, several radicals by now have indeed become tenured, respected, and in some cases -- through the cultural contradictions of capitalism -- have acquired endowed chairs, incomes in the (low) six figures, administrative positions, foundation grants, and other perks. (My own salary, more typically, peaked at around $65,000 after 35 years of teaching.) Their success, however, is mainly attributable to the quality of their ideas and scholarship developed over four decades, not to patronage. (Are there zealots, cronies, and incompetents on the academic left? For sure, though not demonstrably more than among those of any other ideological or theoretical bent, including conservatives, and they are disowned by more responsible colleagues.) No one has received a penny in payment for the countless hours they have put into the Radical Caucus or Radical Teacher, whose current financial balance amounts to $15,000, and which subsists solely on subscriptions and limited newsstand sales, with virtually no advertising and only small contributions by individuals.

Compare that record with the millions and millions spent by conservative foundations in the past three decades funding the National Association of Scholars (which in 2003 received $250,000 from the Scaife Foundations alone, according to the Scaife Web site), the American Council of Trustees and Alumni, Campus Watch, Horowitz’s enterprises, conservative student organizations, and research like Rothman, Lichter, and Nevitte’s. According to The Chronicle of Higher Education, Horowitz has been making upwards of $500,000 a year in personal income from Scaife, Bradley, Olin, and other foundation grants and college lectures, at $5,000 each, also subsidized by the same foundations through funding of conservative campus organizations.

One can understand that as conservatives see it, they are outnumbered, outspent, and discriminated against in the humanities and social sciences, and so they have turned to conservative foundations as their only recourse. Nothing should prevent them from doing this, but neither would anything prevent these acolytes of free-market competition and overcoming adversity through individual spunk from independently gaining a foothold in academia and expanding it purely through the value of their ideas and scholarship, as leftists have done over four decades. Again granting the integrity of many cultural conservatives, isn’t it coy of them to get indignant over any suggestion that multi-million-dollar patronage by special interests gives their beneficiaries an unfair advantage and is likely to attract opportunists?

It is also legitimate to ask how similar the kind of research on which conservatives’ cultural offensives are based is to the pseudo-scientific variety produced by corporate special interests through the usual foundations and think tanks (and all too often through ostensibly independent university scholarship) -- research that purports to refute all evidence of corporate damage to the environment, health, and safety. The greatest danger of the machine that has been set up by Republican fronts, in science as well as in the humanities and social sciences, is that it has developed the capacity to take any finding produced through independent research or analysis, no matter how valid, and fabricate counter-research to discredit it, thus jamming the airwaves of public discourse to the point where ascertaining the truth is virtually impossible.

Conservatives have sanctimoniously denounced poststructuralist theories denying any objective truth and have accused leftists of being Orwellian twisters of the truth, but many of their own forces -- political, journalistic, and academic -- have cynically pursued the 1984-ish policies that truth is determined by whoever has the power to dominate public perceptions of it and that the righteousness of their ends justifies dishonest means such as distorting and ridiculing their opponents’ positions without substantive refutations (as my arguments here will predictably be distorted and ridiculed).

Thus, I do not think it is unfair to ask conservative scholars and journalists of integrity to demonstrate it by honestly addressing the ethical problems posed by Republican-aligned foundation sponsorship, by dissociating themselves from the more extreme positions of the Republican Party and its corporate, religious, and journalistic allies (e.g., Pat Robertson, Rush Limbaugh, and Ann Coulter), and by presenting a body of evidence proving that they apply the same critical standards and zeal to the forces of the right that they do to the left, along with similar evidence that their sponsors are willing to subsidize such criticism. 

One such model of integrity is Nathan Glazer, the prodigious Harvard sociologist who throughout his long career has shown scrupulous independence, extending to his role as co-editor with Irving Kristol of The Public Interest, subsidized by the Olin, Bradley, and Smith-Richardson foundations. Although he identifies himself as a neoconservative, Glazer has written in defense of affirmative action and multiculturalism, and, as he noted in the final issue of The Public Interest this spring, “in defense of the more developed welfare states of Europe, which to my mind have created a better society than we have in the United States.” If such refreshing heresies against Republican orthodoxies were the rule rather than the exception in conservative intellectual circles, I would cease and desist from further criticism.

Here is a proposal that might forestall the further descent of polemics on these issues to the level of, “Yeah, and you’re one too!” Horowitz’s blog comprehensively surveys the forces of what he defines as the American left in politics, the media, foundations, and academia, along with their sources and amounts of funding. Suppose that he, or like-minded conservatives, were to collaborate with leftists on assembling a comparable survey of the American right (including, say, major corporations and the military, along with university faculties in service to them, and the forces of the religious right), so that something like an objective comparison of relative power could be attained. Who will volunteer for such a project -- and what foundations will fund it?

Donald Lazere
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Donald Lazere is professor emeritus of English at California Polytechnic State University, San Luis Obispo. His textbook Reading and Writing for Civic Literacy: The Critical Citizen's Guide to Argumentative Rhetoric was published this year by Paradigm Publishers.

Don't Worry -- Ward Churchill Will Solve the Problem

The higher education community believes it scored a great victory on June 23 when a coalition of twenty-something organizations, including the American Association of University Professors, issued a statement supporting academic freedom. Many of their critics have fallen for it and a number of Congressmen have even declared victory. Any praise for the statement, however, must be tempered by an understanding that the people who brought us Ward Churchill won’t offer much more than lip service -- unless we keep our powder dry.

The statement was promulgated by the American Council on Education and reiterates the importance of the free exchange of ideas, grading free of political bias, grievance procedures for students and faculty who are treated unfairly, and intellectual standards. The declaration acknowledges that “intellectual pluralism” and “academic freedom” are principles widely shared within the academic community. Yet there is nary a nod to the hundreds of widely-publicized cases of political pressure in the classroom that prompted the controversy in the first place.

For years, the higher education establishment has denied that there is a problem and engaged in a series of unpersuasive rationalizations to avoid facing the obvious facts. Roger Bowen of the American Association of University Professors has called studies about faculty political imbalance "wrongheaded" and claimed political affiliations of professors are of little consequence in the classroom. John Millsaps at the University of Georgia agreed: "we have no evidence to suggest that students are being intimidated by professors as regards students’ freedom to express their opinions and beliefs." And Lionel Lewis in a recent issue of Academe went so far as to argue that political one-sidedness doesn’t matter because college has no impact anyway. Nowhere did they argue that students will get a better education if they are exposed to a variety of viewpoints and learn to think for themselves.

Numerous surveys, reports, and case studies documenting the politically monolithic character of the faculty have mounted. A recent student survey by the American Council of Trustees and Alumni shows that many students believe they will be penalized if they have a point of view that differs from their professors.

Faced with this mounting evidence – and a growing number of state legislators who have begun holding hearings and passing resolutions -- the higher education establishment figured it would be best to have a quick conversion, endorse intellectual “pluralism,” and then go back to business as usual. The strategy is obvious:  give lip service, get it out of the papers, do nothing.

Those claiming victory are right in that the first step to recovery is to admit that you have a problem. However, the ACE statement does not admit that there is anything more than a PR problem: “these issues have become public controversies.” It does not address whether there is a lack of intellectual diversity or whether there are any victims of political intolerance at all.  

Second, it does not define intellectual pluralism and makes the shocking suggestion that First Amendment freedoms mean different things to different people. These are “complex topics with multiple dimensions,” it says, and it is “impossible to create a single definition or set of standards” and, well, it is simply too much for the unwashed public. Definitions will have to be left to individual campuses, where, presumably, people are smarter.

Third, it does not address any of the specific issues raised by critics:  what about unbalanced panel discussions on campus, the hundreds of speech codes prevalent across the country, student newspaper theft, speakers being disinvited or shouted down, the uncivil and intolerant behavior of administrators on campus after campus aimed specifically at students with political views who differ? Not a word on any of these topics.

Fourth, the only section calling for action is very cleverly written. It says, first, that "[n]either students nor faculty should be disadvantaged or evaluated on the basis of their political opinions." The next sentence calls for "clear" grievance procedures. And action? Not quite. Every college already has clear grievance procedures for students and faculty members. But didn't the statement say that these should be revised to include protections against political bias? If they had wanted to, they surely could have. No, they stated a general principle, but did not call for revising any grievance procedures. An action that is no action.

Fifth, if you read the fine print, the statement did not even endorse its own principles, claiming only that they "deserve to be stated affirmatively as a basis for discussion … on campuses and elsewhere."  No action here either.

If they did not admit a problem, and did not define the goal of intellectual pluralism, and did not propose or even hint at specific ways to achieve intellectual pluralism, and really only proposed some discussion topics, what did they say? Leave the problem to us -- "the community of scholars.”  Isn't the rhetoric great? The only clear intent of the statement is to tell the public to leave the problem to the institutions. Yes, the people who brought you Ward Churchill, who in fact include Ward Churchill, will solve the problem.

The responsibility for correcting the current situation should, indeed, fall first and foremost to colleges and universities themselves. However, it is the universities that have created the problem, have perpetuated it, continue to minimize it, and have failed to take concrete steps to solve. Indeed, the only apparent response by the higher ed community to the statement has been protests by the AFT, NEA, and various members of the AAUP.

This statement – so far – is just lip service to intellectual diversity. The reality remains that faculties are politically imbalanced, many course readings and campus speaking events are one-sided, and there is a basic hostility to ideas outside of campus orthodoxies.  

It’s time for the institutions to take concrete steps to live up to their words.


Anne D. Neal
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Anne D. Neal is president of the American Council of Trustees and Alumni, a national nonprofit group of alumni and trustees.

The Role of the University in Building World Peace

When the American Association for Higher Education shut down this spring, many of its files went to Clara M. Lovett, its last president. She recently found a speech given in 1948 at the annual meeting of the higher education division of the National Education Association, which helped create the AAHE. Lovett thought the speech -- about challenges facing higher education as the U.S. confronted the Cold War -- had relevance today. With thanks to Lovett for the find and to the NEA for permission to reprint the text, we offer the following thoughts from an earlier generation.

Universities are among our oldest social institutions. Speaking generally they have characteristically been indifferent to their social responsibilities. They have often looked down their noses at modern problems and modern cultural development. They have been slow to change and slow to assume new social or educational responsibilities. Not infrequently have they viewed questions of social policy as practical matters which lie outside of the rightful concern of the university. The events of the last three decades have, however, shaken the complacency of many university faculty members and plunged a few of our leaders into a study of the ways and means whereby the university can make its appropriate contribution to the building of a decent and peaceful world.

There are several major developments which have been responsible for the change in the typical attitude of the university. Experience in Germany and other totalitarian countries proves conclusively that no true university is possible in a police state. This being so, every university has a stake in the preservation of freedom. Even though a university looks upon itself as an ivory tower, its staff members know that no ivory tower is even a remote possibility in anything but a free society. In the realm of the sciences, many leaders have looked in on the processes of nature in the area of atomic fission. What they have seen has so frightened them that they have become our most articulate and effective protagonists for the types of social change designed to insure a peaceful world. Thinking university people know that broad forms of adult education are the only means whereby social change can be sufficiently accelerated to head off worldwide catastrophe in the form of atomic war. Thus for the first time in academic history it now seems feasible to interest the academic world in the problems of world peace and the problems of social reconstruction upon which any enduring peace must be built.

In universities our characteristic response to a new responsibility is the addition of a new course, a new curriculum, or at leaset some proposal for the acquisition of new knowledge on the part of our students. We have every reason to doubt the wisdom of our past responses in such situations. It is going to take something more than knowledge of new facts to brings about a peaceful world. New courses can teach new facts, but they do not necessarily give our students and graduates the will to build a peaceful world or the social effectiveness for bringing such a world into being.

The plain fact is, we do not as a people understand the problem of world peace. We do not have a sufficient determination to build a peaceful world. We do not sense our own individual and collective responsibilities in relation to world peace. As a people we lack the consecration to human values and the devotion to human brotherhood that must of necessity be a foundation for a peaceful world. Perhaps most important of all we fail to realize that it is the success of free institutions inside our own country and other countries that is the primary requisite for the success of any international organization any effort at the maintenance of an enduring peace. If we are interested in examining the role of the university in building world peace, we should examine the course which has been followed by our own country in both the international and domestic scene since V-J Day. Through such an examination we can discover our major errors and identify the elements of unsoundness in our domestic and world leadership. From a study of these errors we can, I believe, map a sound emphasis for the university as it seeks to make a contribution to enduring world peace.

We have seen our country disappoint liberty-loving peoples the world over. Our international role has been characterized by confusion, uncertainty, vacillation, and, on occasion, downright dishonesty. While we have faltered in the international scene, we have stumbled about ineffectively at home. As of the present moment there is more fear in the heart of the average American than there has been at any time in the history of our country. This fear is not easily explained. It is an oversimplification to say that we are afraid of Russia. Our fears cannot be connected primarily with the rise of communism; nor is our state of mind due entirely to the development of the atomic bomb. While we may not be able to explain our fears, their results in our national and international behavior are plain to be observed. We carry on or propose witch hunts after communists. We send billions of dollars abroad in an effort to  stop communism, and we order a draft of our young men on the chance that we may have to fight our ideological enemies....

We have, it seems to me, made four major errors in charting the domestic and international course of our country and the entire democratic world. If the university is to play its proper role in the building of world peace, it must give its students a type of experience and equipment which will help us as a nation and as a world to correct these errors and chart a sound course in the direction of world peace.

In the first place, we in the Western world in general and in America in particular have failed to realize that human freedom is our most priceless asset. In one way or another we have been willing to compromise this freedom, sometimes in search of economic security, at other times in what we think is a battle to preserve this freedom. In this discussion I am taking the position that of all of the components of our culture and our heritage, our freedom is our greatest trust and our greatest hope for the future. With every passing year I am less willing to surrender any part of that freedom, regardless of the pretext upon which I am asked to make the surrender. I am thus wary of loss of individual freedom through over-centralization of government, through dictatorial organizations of labor and industry, through over-concentration of wealth and economic power, or through excessive controls of local affairs on the part of state and federal government.

Similarly, I am not only fearful of losing our freedom through a war, through a fascist or communist coup, but I am equally fearful of losing it through the adoption on our part of the police-state methods of the totalitarian world. I am accordingly extremely skeptical that the present much talked-of efforts to ferret out the Communists can actually be carried through without the loss of freedom for us all. And if through panic and fear of communism we lose our freedom, we have lost it just as truly as if it had been taken away from us by a foreign power.

Tragic as it may be, even our university graduates do not understand the meaning of our freedoms; nor do they realize the ways and means whereby these freedoms can be preserved. Therefore, teaching the meaning of human freedom is the first responsibility of the university in building world peace. We should, however, hasten to add that no perfunctory subject matter approach to the problem of freedom will be effective. For years our college students have studied our  history. They have read our Constitution. They have read the Declaration of Independence and other documents, but these and other materials have become stereotypes. They have been viewed in terms of political freedom alone. No organized and concerted attempt has been made to develop democratic principles in the area of economics, or of human relations, or in the field of the fine arts. As a result, a large proportion of our college graduates see no conflict between our great historic documents of freedom and segregation of whites and Negroes, poor housing, periodic unemployment, and lack of educational opportunities. Had our colleges and universities properly taught the meaning of human freedom, we would have had federal aid to education decades ago in this country. Had all the educational institutions in our nation really believed in our freedoms and taught them effectively, our country would today be vastly more democratic than it is.

But as a nation we have made a second tragic error since V-J Day. Somehow we have assumed that the problem of world peace can be solved through a world organization such as the United Nations, regardless of the success of our free institutions at home.... Our failure to see the relationship between the problems of our domestic society and  the difficulties of our world leadership grows out of our tendency to compartmentalize world problems, to blame our difficulties on other countries and on the weaknesses of governmental machinery and other forms of democratic implementation. We blame the machinery and we blame other countries when it is our own lack of moral conviction and sense of duty and responsibility that is to blame.

Clearly in this area the university has a large responsibility. It is not, however, enough for colleges and universities to convince the students of the inter-relatedness of our national and international problems. Something far deeper and more vital is demanded. The plain fact is, the whole Western democratic world has suffered a moral relapse in recent decades. The church has lost its hold on millions of our people. No substitute moral influence has come into our life. Opportunism, gross selfishness, and unbridled greed have had their unexampled innings. Irresponsible self-seeking has not only invaded business and labor but has made deep inroads into the profession of education itself. If freedom is to be saved and if world peace is to be achieved, the university must meet its responsibility in the realm of ethical and moral education.

In state-supported institutions, we cannot use the fact of legal restrictions on religious education as an alibi for failing to teach ethical and moral standards to our young people. Our own heritage of democracy is rich in ethical and moral content. Our literature presents enormous opportunities that can be exploited in many directions. The fine arts have a great potential contribution, and -- most important of all -- human relationships of the college and university campus can make an outstanding contribution if only we appreciate their importance and plan their programs and activities intelligently.

The third misconception which has undermined many of our domestic and international post-war policies has been the assumption that good can be accomplished through the doing of evil. We seem to think freedom can be saved for ourselves through a sacrifice of freedom for minorities and small nations and that we can further freedom for our own country by playing fast and loose with the welfare of small and less powerful countries and groups. Looking back over the period since V-J Day it seems almost impossible to understand how we can as a nation have been led into so many embarrassing and ambiguous positions. The most charitable way we can account for our blunders is to assume that we simply did not understand the processes whereby human freedom can be saved. There is in this connection a very simple principle. Freedom will not live unless it works. If it does not work, no amount of defense of freedom through persecution of its opponents, through spending money for relief, through propaganda, or through military efforts will avail....

If our universities are to play their appropriate role in the building of world peace, they must be the instrumentalities for making human freedom a working reality. As long as there are despotic, dictatorial police-state governments in the world there will be threats to peace. As long as there are social injustice, lack of educational opportunity, racial subordination, and discrimination, there will be threats to world peace. The problem of world peace has a unity and integrity which we in the academic world have failed to sense. We cannot preserve freedom for ourselves without doing all we can at all times to extend freedom to others. We cannot achieve prosperity for ourselves unless we do all we can to contribute to the prosperity of others. We cannot hope to enjoy uninterrupted liberty at home without honestly seeking liberty for the human spirit in all parts of the world, and we shall never sense this inter-relatedness until we come to understand the true foundation of our free institutions.

Freedom is not a mere accidental human aspiration. It is not only a philosophical conception; it is not only a theory or a hypothesis. On the contrary, free institutions are deeply rooted in the findings of those sciences which throw light on the nature of the human organism and on human behavior. Biology teaches us that all human individuals are different. Each person is unique, and it is out of this uniqueness that all creative power comes. We need a free society, therefore, in an effort to release the greatest creative powers of all individuals and through this release to enhance the achievements of society as a whole. We learn that personal and emotional security is essential to the greatest personal and intellectual growth. Thus respect for personality and for the worth and dignity of the individual has a sound foundation in the findings of science. It is essential that a university education should establish this scientific foundation for human freedom in the mind and heart of the student. With such understandings our citizens will be less vulnerable to propaganda, more effective in the defense of their heritage, and more zealous in the efforts to preserve it.

Our fourth serious error grows out of our tendency to feel that we have achieved the fruits of freedom merely through talking about it. Fourth of July speeches, political convention oratory, and speeches of educational philosophers are examples. We have in fact become so skillful in mouthing the beautiful phrases of our democratic heritage that the mere sound of the words themselves seems somehow to have brought a democratic society into being. In our saner moments we know that nothing is further from the truth, and here we, in the university, must hang our heads in shame. With all our talk about teaching the principles of human freedom and democracy we must openly confess that our universities are not democratic in organization, in administration, or in the conduct of their educational activities or campus affairs.

My own experience in university life is now of sufficient length and in a sufficient number of different institutions that I feel I have some experiential basis for the observations I am about to make. It is my honest conviction that the universities of this country will not become major factors in teaching human freedom and democratic ideals until they begin seriously to practice these ideals in their own organization and administration. Let us, however, be more specific in treating this issue. I refer to such specific and mundane things as the determination of faculty salaries. It is my observation that no single item of expenditure in a university is as difficult to increase as the salary of a professor. One can get money for new buildings, for new equipment, for research, for public relations, yes, for almost anything you can think of before one can get money for improved salaries. I have never read any religious or ethical document which held that increasing a professor's salary is a sin, but when I observe the attitude of university administrators toward salary increases I am almost led to the conclusion that they must view such increases as a dreadful sin. If we really believed in educational democracy, we would see to it that every possible dollar is spent on good faculty salaries in order to bring the finest teaching talent to our students and put our staff members in position to render the very finest and most creative service. My experience is that we operate on almost the direct opposite of this policy.

But it is not only in matters of salary that we are undemocratic. I have now seen successive generations of young men enter academic life with great enthusiasms, high hopes for the future, and commendable consecration to the welfare of their students. I have observed them five or ten years later only to see that they have become cynical, discouraged, embittered, and resigned to the doing of a routine job, the drawing of meager salaries, and the achievement of a tenuous security. It is the most distressing and painful observation of my entire academic experience. Primarily, it grows out of the way in which a university organization functions to restrict the individual in the exercise and development of his creative talent. Here it is not only the presidents and deans who are in error. Department chairmen, full professors, and perhaps even an occasional instructor are at fault.

Excessive regimentation on the part of administrators, on the part of faculty committees, and through faculty regulations plays its part. Here we are, of course, primarily concerned with the impact of the university on the problem of saving our freedom, preserving our democratic heritage, and building a peaceful world. Certainly we shall not achieve these far-flung and difficult objectives through a program of mealy-mouthed utterances concerning the glories of freedom. If we are really serious about teaching these human values, we must see to it that the institutions in which we teach are themselves fine examples of the democratic principles and concepts of freedom we are seeking to teach. As things are, much of what goes on in a university does not teach the student the meaning and glory of freedom, but gives him a cynical notion that freedom is something you talk about but probably never will enjoy.

Clearly we shall not give our college students the understandings of the problems of world peace through a few specialized courses in the social sciences, or through occasional lectures, or through any single pedagogical or curricular device. The meaning of human freedom, the devotion to human values, the understanding of human brotherhood, and the required social effectiveness for the practice of all of these are all too involved, too subtle, too difficult to come by, for any such lick-and-promise treatment. If universities are to be successful in their efforts to preserve human freedom, they must themselves believe in our free institutions. They cannot teach without a great faith.

It is the building of this great faith that is the major task of higher education. The progress made in human freedom to date has been made by those leaders who possess a great faith in the common man and in the processes of a free society. But the problem of building a great faith is not essentially or primarily a verbal undertaking. As human beings we believe in those principles and institutions which, over a period of time, serve mankind by bringing widespread human well-being. If we want our people to believe in democracy, we must make it a working democracy which delivers well-being to the masses of our people.

We tend also to maintain our faith in those principles and processes to which we can ourselves make a contribution. It is hard for an individual to continue to believe in a process that is for him remote, external, and detached. The individual citizen will keep his faith in those processes in which he can participate and to which he can contribute. We must find more ways whereby the average citizen can participate in the affairs of the community. In our universities we must discover more ways in which students can share in the improvement of university life. We must give our students an opportunity to experience the benefits of democracy in the source of their college education.

If freedom is to live, the world needs an honest and forthright America, an America that practices her freedoms at home and defends them abroad. Such an America must have citizens that have deep faith in freedom and a new consecration to human service -- citizens who courageously practice the ethical and moral principles of democracy. Universities will play their proper role in building world peace when they give us a citizenry with these qualities.





Ernest O. Melby
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The late Ernest O. Melby was dean of the School of Education at New York University when he gave this talk.


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