
First, to clarify some possible misconception from articles, Roughsedge is not a full-time faculty member but an adjunct faculty member. The latter are not subject to the same appointment process and do not have the same academic status as full-time faculty. Indeed, adjuncts are usually selected by deans and at most subject to a confirmatory vote of the faculty.
Second, Roughsedge seems to have a rather conflicted logic in taking this action. He calls the email “hate speech,” a view that is wildly out of step with the general definition of this term. Indeed, if obnoxious speech is hate speech, we could criminalize a significant portion of speech. Avery was voicing his view of role to U.S. military personnel in the current war. That may be wrong-headed but it is not hate speech. Otherwise, much of the anti-Vietnam protests were hate speech. Hate speech is an often controversial category of criminalized speech that has only passed constitutional muster because it is kept narrowly defined. Even with a narrow construction, it is an area that greatly concerns free speech advocates.
Roughsedge further stated that “It’s basically like a 5-year-old throwing a temper tantrum, that is not how we teach our students to rationally look at the issues . . . We want rationale adult discourse and that is not something I would tolerate in my class and it is not something the school should tolerate from one of its professors.” I am more shocked but the notion that Roughsedge would not tolerate such views in this class. If the class is discussing this subject, I cannot imagine a law professor prohibiting the utterance of such views. Moreover, I have not an inkling as to what Roughsedge means by “it is not something the school should tolerate from one of its professors.” What a law school cannot tolerate is the denial of academic freedom and free speech in an educational environment. Roughsedge appears to want a school that punishes faculty for stating views that he finds obnoxious. Such schools would be in violation of free speech principles and governing academic guidelines. Some schools – particularly religious schools — enforce orthodoxy but they are hardly the model for most academics. Roughsedge would have been better served but responding with a reasoned retort — joining many other at the school and outside the school.
Roughsedge teaches a course on Terrorism and the Law. A Suffolk graduate, he is a partner at Lawson & Weitzen where he lists “professional liability” as one of his areas of practice. While he has every right to disassociate himself from the school, I think he needs to seriously consider his commitment to the academic enterprise. I greatly respect his service in our armed forces. That service helps defend the values that distinguish us from our enemies, including the right to free speech.
Source: Fox Boston
