Even assuming that many faculty members will not expressly acknowledge their bias, this forty percent is willing to state that they will vote against candidates based on their political views without any consideration of the intellectual content of their scholarship.
In my book, “The Indispensable Right: Free Speech in an Age of Rage,” I discuss these arguments to justify the current levels of intolerance and orthodoxy in higher education.
I had dinner with another Harvard Law Professor, who expressed disbelief that I expected him to vote for any faculty applicants who held views he considered wrong. When I noted that I regularly vote for faculty candidates who hold opposing views, he just shrugged and said that, if he rejects their views, he cannot vote for those views to be taught to students.
There are few remaining conservatives or libertarians on law school faculties, which have been purged of dissenting voices through a biased hiring and promotion system. Despite years of complaints and declining public trust in higher education, faculty members continue to reinforce bias and orthodoxy in our schools.
I wrote about the rise of this new McCarthyism on the left seven years ago.
Recently, I discussed the example of Fordham University School of Law professor John Pfaff, who called for “repercussions” for professors who do not “recant” their view that the 14th Amendment does not protect birthright citizenship.
Tolerance is intolerable for professors like Pfaff. After the decision in Trump v. Barbara, Professor Pfaff went on BlueSky to vent against anyone who dared to voice a dissenting view in academia, calling such faculty “parasites” that have to be effectively stomped out of higher education. In his post, Pfaff declared:
“There MUST be repercussions for the lawprofs who advanced such untenable arguments. Their behavior is — and I mean this literally, not dehumanizingly — parasitic.
They exploit norms of collegiality and presumptions of integrity to advance trash. Which undermines the work of ALL of us.”
His rationale for punishing opposing viewpoints is an insight into the arguments used against intellectual diversity and institutional neutrality in higher education.
I recently participated in a debate with the President of the American Association of University Professors (AAUP), who opposed the principles of institutional neutrality.
Some sites, such as Above the Law, have supported the exclusion of conservative faculty. Senior Editor Joe Patrice defended “predominantly liberal faculties” by arguing that hiring a conservative law professor is akin to allowing a believer in geocentrism to teach at a university.
Not long ago, I debated Professor Randall Kennedy at Harvard Law School about the lack of ideological diversity at the school. I respect Kennedy, and I do not view him as anti-free speech or intolerant. Yet when I noted the statistics on the vanishing number of conservative students and faculty in comparison to the nation, Kennedy responded that Harvard “is an elite university” and does not have to “look like America.”
Of course, the problem is that Harvard does not even look like Massachusetts, which is nearly 30 percent Republican.
At Yale, the faculty achieved a type of academic nirvana in reaching a point where not a single faculty member gave to a Republican candidate.
When pressed, faculty members often claim that they cannot find credible or competent conservatives. During my debate with Professor Kennedy, I noted that, if a university made such a claim to explain the virtual absence of minority professors, a judge would laugh them out of court. The virtual absence of conservative or Republican faculty in most departments shows a deep and unrelenting bias.
There is little self-reflection on the left in considering the historical or cultural implications of such bias. While often alluding to the McCarthy period in criticizing the right, professors rarely acknowledge their own effective black list against conservatives and certain Trump supporters. Few conservative applicants today would risk admitting to being Trump supporters in interviews.
The intolerance in higher education will not change because it is a cultural touchstone for faculty. Professors prove their bona fides with intolerant statements in meetings and even in classes. I heard from closet conservative students at Harvard how faculty routinely used their classes to rail against Trump and Republicans. They sit like a silent captive audience.
Surveys show that this intolerance has produced widespread self-censuring by students, particularly conservative students.
Some 49 percent of Republican students report self-censoring on three or more topics. Independents are the second most likely at 40 percent. Some 38 percent of Democrats admit to self-censoring.
Sixty percent of college students strongly or somewhat agree that “[t]he climate at my school or on my campus prevents some people from saying things they believe, because others might find it offensive.”
That is the environment of intolerance created and maintained by this generation of administrators and faculty. It will not change until donors stop giving money to schools without greater balance and intellectual diversity.