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The American Council on Education and other higher education groups have filed a brief with the Colorado Supreme Court backing the right of the University of Colorado Board of Regents to dismiss Ward Churchill as a tenured professor of ethnic studies on the Boulder campus. Churchill has challenged the firing (unsuccessfully until now), arguing that he was dismissed, in violation of his First Amendment and academic freedom rights, because of his controversial writings. The university system says that the reason he was fired was for repeated instances of faculty misconduct, and that panels of professors played key roles in identifying these instances and concluding that they represented unprofessional conduct.

The brief filed by the college groups states that the principles of academic freedom should result in support for the university's position. "Because universities are the entities best suited to make decisions about their faculties, they are entitled to autonomy in adjudicating claims regarding academic integrity," the brief says.