The University of Colorado committee investigating Ward Churchill has found him guilty, guilty, guilty.  And on some level, they’re right: Churchill is guilty of occasionally shoddy scholarship and the dubious practice of ghostwriting, and perhaps even more. But we should be alarmed by the investigative committee’s report,  and not merely because the committee exists only because of a concerted effort to fire Churchill for his obnoxious and idiotic comments about 9/11 victims.
By stretching the meaning of "research misconduct" far beyond its true definition, and by supporting the suspension and even dismissal of a tenured professor for his use of footnotes, the Colorado committee is opening the door to a vast new right-wing witch hunt on college campuses that conservatives could easily exploit across the country.
If you don’t like a professor’s politics, simply file a complaint of "research misconduct." According to the Colorado committee, if you can find a factual error made by the professor with a footnote that fails to prove the contention, that scholar is guilty of "research misconduct" and can be suspended or fired.
The far right is already pursuing leftist academics for expressing their views in the classroom. The American Council of Trustees and Alumni just issued a report on “How Many Ward Churchills?,”  proclaiming that "professors are using their classrooms to push political agendas." ACTA’s alleged proof that Ward Churchills are “common” on college campuses is a survey of course catalogs and syllabi, objecting to classes that mention social justice, sex, or race. (The ACTA report denounces a University of Colorado class on “Animals and Society” because it “[e]xplores the moral status of animals.”)
ACTA threatens that academic freedom will be revoked from colleges unless they start censoring their professors and ban such courses. Colleges “must also recognize that if they do not take swift and decisive action, they risk losing the independence and the privilege they have traditionally enjoyed.” According to ACTA, “students, parents, trustees, administrators, and taxpayers have a right to be concerned. They also have the right to raise questions, demand answers, and compel action.”
Compelling action is also the goal of David Horowitz and his Academic Bill of Rights legislation. In March, Horowitz testified  before the Kansas legislature. He denounced women’s studies programs as a violation of academic freedom and standards. According to Horowitz, because the University of Kansas Women’s Studies program express a goal of educating students about “how and why gender inequality developed and is maintained in the United States and in our global society,” it should be banned. Since Horowitz thinks there may not be any gender inequality in the world, women’s studies programs “can in no way be justified as taxpayer-supported programs.”
Considering how effortlessly Horowitz misreads the meaning of academic freedom under the AAUP standards, one can only imagine how effectively he could distort "research misconduct" to pursue his crusade against left-wing professors like those in his book, The Professors: The 101 Most Dangerous Academics in America.  If Horowitz fails to get professors fired for talking about politics in their classes, he could try to have them fired for expressing controversial views in their research.
That's the harrowing possibility raised by the irresponsible claims of the Colorado committee. They claim to be following the University of Colorado’s statement on Misconduct in Research and Authorship,  which defines research misconduct as “fabrication, falsification, plagiarism and other forms of misappropriation of ideas, or additional practices that seriously deviate from
those that are commonly accepted in the research community for proposing, conducting, or reporting research."
Because Colorado’s policy explicitly exempts "honest error," the Colorado committee turned into a kind of character police. Noting their dislike for Churchill’s "attitude," the committee members seem to have concluded without the slightest evidence that Churchill intentionally deceived readers with his footnotes.
For example, the Colorado committee concluded, “Professor Churchill repeatedly and deliberately cited the General Allotment Act of 1887 and once cited Janet McDowell’s book for the details of historical and legal propositions that he advances. Because both sources in fact contradict his claims, this is a form of falsification of evidence.” This logic is repeated in four out of the seven charges against Churchill. The Colorado committee’s basis for the claim of fabrication depends upon a fundamentally narrow-minded view of what a footnote should be.
However, footnotes serve many purposes. A footnote is not always definitive proof of the sentence being noted. It is common practice for footnotes to be used in order to refer readers to general works related to the period being discussed (as Churchill does), and even to cite works which provide a different or contradictory view of the era.
In my forthcoming book, Patriotic Correctness: Academic Freedom and Its Enemies, I include a quote by former Bush press secretary Ari Fleischer admonishing Americans to “watch what they say.” I have a footnote listing a news report about the statement. But I also include in the footnote a reference to a letter to The New York Times by Fleischer explaining why he is being misinterpreted. I do not comment on this claim, because every word in my footnotes counts against the word limit for the book, and I don’t want to waste precious space scrutinizing some political hack’s line of bullshit. But I thought readers might want to look at a different view.
According to the Colorado committee, I have committed "research misconduct." My footnote includes a source contradicting my interpretation of the comment. On the other hand, if I simply omitted the reference to Fleischer’s letter, and deprived readers of a chance to find a view disagreeing with my perspective, I would be a perfectly fine scholar in the committee’s eyes.
There is no reputable source for the Colorado committee’s claim that footnotes cannot include sources who disagree with the author. In order to evaluate the charge of research misconduct, the Colorado committee proclaimed that it would use the American Historical Association “Statement on Standards of Professional Conduct”  as “a general point of reference.” However, the AHA statement is not intended to be a basis for punishing professors. Indeed, if anything the AHA justifies Churchill’s approach by urging scholars to be “explicit, thorough, and generous
in acknowledging one’s intellectual debts.” Nor does the AHA statement include anything about the proper use of footnotes which would justify a charge of falsification.
The Colorado committee provides a footnote quoting the AHA statement that “historians pride themselves on the accuracy with which they use and document sources. The sloppier their apparatus, the harder it is for other historians to trust their work.” But there a vast difference between saying that lousy footnotes will affect your credibility and claiming that lousy footnotes can justify revocation of tenure.
In other words, the Colorado committee “proved” that Churchill was guilty of research misconduct for providing footnotes that did not support his claims by citing a footnote which did not support its claims. It seems strange that a committee which provides a thorough and fascinating account of the historical minutiae surrounding an 1837 smallpox epidemic would somehow fail to do any research on the meaning of fabrication and research misconduct. The Colorado committee’s shoddy work on the meaning of fabrication and misconduct stands in sharp contrast to its extensive research of the charges against Churchill.
The problem is that when a policy largely developed to address scientific misconduct is applied to the humanities, it must be properly interpreted. For example, when the Massachusetts Institute of Technology dismissed a professor  last year for research misconduct, it was because he literally fabricated data. No one has ever accused Churchill of fabricating data (such as making up historical sources). He is accused of making broad claims, without adequate evidence, which are probably wrong. That is lousy historical research, but it’s not research misconduct by any stretch of the imagination.
There is some evidence to find Churchill guilty on other charges of ghostwriting and plagiarism. But using footnotes as an excuse to fire Churchill makes the entire committee’s findings look like political expediency to remove an embarrassment to the University of Colorado. By turning every case of bad research into research misconduct, the Colorado committee threatens to expose the entire academic system to a political witch hunt. In an era when the right-wing is already targeting college professors for their extramural statements and political comments in class, this radical revision of research standards could mark the next step in the war on academic freedom.