Academic freedom

University of Michigan rescinds invitation to Alice Walker

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Author says donors pressured U. of Michigan to rescind an invitation. University says she wasn't "optimum choice" for an event.

 

Convictions of Turkish academics provoke outcry from international scholarly groups

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International scholarly groups raise concerns about the long sentences handed down to six Turkish academics and former university rectors caught up in a massive terrorism-related trial widely condemned as unjust.

U. of California Board of Regents adopts new measure for academic freedom

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U. of California board -- responding to 2006 Supreme Court ruling -- codifies the right of professors to offer views on any policy or action of the university.

Essay by one of the professors who taught Howard Zinn, drawing criticism from Mitch Daniels

Wednesday started as a fairly normal day. I got out of bed bleary-eyed, stumbled down the stairs, and walked  outside to get The Bloomington Herald-Times. As my eyes scanned the front page, an Associated Press story headline grabbed my attention: "Daniels Targeted 'Propaganda,' Critic." Frankly, I wasn’t too surprised to see that, given the multiple recent revelations of government spying. Nor was I shocked, as I started reading, to learn that Mitch Daniels, former Indiana governor, was virulently opposed to the writings of the late left-wing historian Howard Zinn. But as I read further in the article — based on e-mails obtained through the Freedom of Information Act — something else stopped me in my tracks: one of those opponents was me.

Let me explain.

In the summer of 2010, I taught a one-week module on the history of the labor movement as part of a three-week institute for high school teachers at Indiana University in Bloomington, sponsored by the National Endowment for the Humanities. It was called "Social Movements in Modern America: Labor, Civil Rights, and Feminism." Along with Professors Jeffrey Ogbar (University of Connecticut) and Jennifer Maher (Indiana), and supervised by Professors John Bodnar and Ted Carmines at Indiana, I worked with a highly motivated, talented and diverse group of high school and middle school teachers from around the United States.

In my section of the course, I focused on the history of labor organizing in the meat-packing industry. The week culminated with a field trip to a unionized slaughterhouse in Louisville. It was an intense week — with five hours of instruction per day — but also one of the most rewarding of my career. These were ideal "students" and they really appreciated the opportunity to expand their horizons. At the end of the week, they handed me a card with notes of gratitude from all participants.

Three years later, I still look back fondly on that experience. But I will never think of it in quite the same way, now that I know that Big Brother, aka (then) Governor Daniels, was watching.

It was February 9, 2010, a few weeks after Howard Zinn had passed away. Governor Daniels had just sent his staff an e-mail denouncing Zinn’s book, A People’s History of the United States, and asking staff if they could assure him that "it is not in use anywhere in Indiana." In short order, Scott Jenkins, the governor’s education adviser, e-mailed his boss with the URL to our institute website, prefaced by the comment: "Oh, and this is why my children will not go to IU." He added, "Zinn along with other anti American leftist readings are prominently featured." He also quoted from our site, which contained a detailed schedule of readings, and which informed teachers that they could earn professional development credit for attending.

Three minutes later, Daniels fired back the following: "This crap should not be accepted for any credit by the state. No student will be any better taught because someone sat through this session." It's unfortunate, to say the least, that Daniels viewed our curriculum about three social movements that transformed the lives of millions of Americans for the better to be "crap."

But in a sense, it was precisely to combat such attitudes that we offered the institute in the first place. Despite the changes that have taken place in the teaching of U.S. history — most obviously exemplified by Black History Month — most American students still get the message that the real movers and shakers in history are the wealthy and powerful; or if they learn about grassroots activists — such as Rosa Parks — they learn about them as heroic individuals, not part of a movement.

Now, it is true that there was an excerpt from Zinn’s People’s History included in the readings for our opening session, a roundtable on the theory and history of social movements. It was a chapter on the civil rights movement entitled, "Or Does It Explode?"

But the reason I put it there illustrates just how misguided and harmful it would be to try to censor Zinn’s ideas. In designing that session, my aim was to help teachers appreciate the challenge of explaining how and why social movements develop. In addition to reading Zinn, the teachers were assigned a wide range of pieces based on social movement theories, some of which actually challenged aspects of Zinn’s account as romantic and misleading. (I found Zinn inspiring when I first read him, but now, for my money, Zinn is actually not left-wing enough.) So, by including Zinn, my aim was not to shove his views down teachers’ throats — precisely the opposite. Which is also why I included both pro-union and anti-union websites on the syllabus. After all, the purpose of education is to help people think for themselves. That is why censorship strikes at the heart of the educational mission.

Finally, in regard to Daniels’s claim that no student would benefit from their teachers having sat through our institute, I can’t prove that we had a positive effect on the "end-users" in cities all over the country. But I can let the teachers speak for themselves. Here’s what some of them said on my thank-you card:

 “What an amazing informative week.”

“You have turned one of the ‘boring’ chapters into a relevant & interesting theme in U.S. history.”

“I have learned so much and been truly inspired.”

“You successfully ‘changed’ me and the way I see the world.”

“Your enthusiasm is contagious.”

“I learned a ton. This will be very useful for me in my teaching.”

So, despite his disparagement of the value of what my colleagues and I taught, I want to thank Governor Daniels and his associates for reminding me of how much I enjoyed that summer institute and why I love teaching.

Carl R. Weinberg is senior lecturer in the College of Arts and Sciences and adjunct associate professor of history at Indiana University at Bloomington.

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A professor's termination raises questions about free speech at Weber State

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Jared Lisonbee lost faculty job soon after questioning naming of new program at Weber State after Mormon leader who has expressed anti-gay views. Many wonder about a connection.

A lawsuit filed against two labs founded by UT-Austin professor raises questions of conflict of interest and academic freedom

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Eastman Chemical's lawsuit raises issues about academic and corporate research and conflicts of interest.

New York division of AAUP prepares template for faculty decision-making

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New York division of AAUP prepares template for professors to be truly involved in institutional decision-making.

AAUP session centers on intellectual property and academic freedom in the online education age

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Cary Nelson warns that MOOCs could lead to erosion of faculty members' intellectual property rights.

New Russian law requiring some NGOs to register as 'foreign agents' seen as chilling

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New Russian law requiring NGOs to register as "foreign agents" if they receive funding from foreign sources and are engaged in "political activity" threatens closure of an independent polling agency and raises concerns about climate for scholarly collaborations. 

 

Essay on whether academic freedom protects teaching of 'junk science'

Ball State University is embroiled in controversy over a course offered by its physics and astronomy department, called "The Boundaries of Science." The Freedom From Religion Foundation has complained that the course isn’t science but religious indoctrination, and that because Ball State is a public university, offering the course violates the church-state separation required by the First Amendment. Others say it’s an exercise in academic freedom. In fact, it is probably neither.

Academic freedom protects professors’ scholarship and teaching — within limits. It certainly protects the ability to broach controversial ideas in class. But it isn’t an absolute right. Professors have to teach the subjects assigned, and can’t engage in racial or sexual harassment, to mention just a few limits. There is also the matter of professional competence. A Holocaust denier may be competent to teach math or Spanish, but is unqualified to teach European history. A believer in "creation science" may be competent to teach medieval literature, but not biology. If the course is junk science, the professor has no academic-freedom right to teach it, and his department should have enough professional integrity to remove it from the catalog.

But what if the department decides not to? Does teaching the course at a public university violate the constitutional mandate prohibiting an "establishment of religion," as it indisputably would if offered at a public high school? There’s little case law on this question — probably because there aren’t many public universities that offer courses proselytizing religion under the guise of science.

The traditional formula for deciding whether a government program violates the Establishment Clause is the so-called "Lemon test," derived from a 1971 Supreme Court case, and asking three questions: whether the program has a secular purpose; whether its primary effect is to advance or inhibit religion; and whether it results in excessive government entanglement with religion. More recently, the Supreme Court has used two other tests: whether the program amounts to government endorsement of religion, and whether it is coercive. The coercion inquiry is particularly relevant to prayers and religion courses in public schools: where a prayer is mandatory, it forces students to recite beliefs they don’t necessarily hold, and where a course is mandatory, it subjects them to unwanted indoctrination.

In 1972, a federal court of appeals struck down a chapel-attendance mandate at a collegiate military academy, even though no one was required to attend the academy (unlike a public school) and even though cadets could be excused from the chapel requirement (Anderson v. Laird). In two later cases, on the other hand, courts allowed graduation prayers at public universities on the theory that there was no coercion, there was a secular purpose (to "solemnize public occasions"), there was no primarily religious effect because "an audience of college-educated adults" — unlike school children — was not likely to be unduly influenced, and there was no excessive entanglement with religion (Tanford v. Brand and Chaudhuri v. Tennessee). But in a 2003 case, another court ruled that a supper prayer at the Virginia Military Institute did violate the Establishment Clause because the students were "plainly coerced into participating in a religious exercise" (Mellen v. Bunting).

Then there was the strange case of a group in Nassau County, New York, which challenged a "Human Sexuality" course at the local community college because, they claimed, it "proselytizes against the Judeo-Christian sexual ethic and advocates an anti-religious sexual ethic to replace it." The judge found no endorsement of religion, a secular purpose, and nothing implicating any other prong of the Lemon test (Gheta v. Nassau County Community College).

How might these somewhat inconsistent precedents apply to "The Boundaries of Science"? There is no coercion because nobody has to attend Ball State or enroll in the course. There’s little likelihood that reasonable observers would think the administration endorses the professor’s religious message. On the contrary, a basic tenet of academic freedom is that professors don’t necessarily speak for the university — indeed, they should be free to speak out against its policies. There’s little chance of entanglement with religion, and although it might be difficult to discern a secular purpose, and the primary effect might be religious, on balance, the courts would probably not find this dubious course to violate the Establishment Clause.

Academic freedom, as a matter of First Amendment right at public universities, protects both the institution and the individual professor. The Supreme Court has noted the potential for conflict between the two. In the case of Ball State, though, the question is one of professional competence, and the institution, through its faculty committees, gets to decide whether "The Boundaries of Science" meets this standard.  If it is religion masquerading as science, it clearly doesn’t, regardless of whether it violates the Establishment Clause.

A case from the University of Alabama in 1991 supports this conclusion. Students complained that a professor of physiology was engaging in religious proselytizing in class. The university told him to stop; the professor claimed a violation of his academic freedom. The federal court of appeals acknowledged that, as the Supreme Court had recognized years before, teachers’ academic freedom is a "special concern of the First Amendment," but in the end ruled that the university was within its rights in restricting the professor’s classroom speech. The court did not reach the question of whether religious proselytizing in a public university class violates the Establishment Clause (Bishop v. Aronov).

In the case of "The Boundaries of Science," the right of the Ball State administration to decide on the course’s overall scientific validity is even stronger than the University of Alabama’s claim of authority to restrict a professor’s occasional in-class proselytizing. The point is that these are educational decisions for the university to make, and absent a violation of the Establishment Clause, outside political interference is dangerous, no matter how well-intentioned.

Marjorie Heins is the author of Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge (New York University Press).

 

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