Category: Free Speech

New York Professor Faces Latest Termination Petition Over Allegedly Falling Asleep During Anti-Racism Meeting

KDgxhmwQMzAuTJG-800x450-noPadFor many professors, a story out of New York may seem like an academic sequel to the 1982 horror film “Don’t Go To Sleep.” Students are seeking the termination of Marymount Manhattan Theater Arts Associate Professor Patricia Simon after she appeared to briefly fall asleep during an anti-racist meeting held on Zoom.  Simon denies the allegations but Marymount Manhattan student Caitlin Gagnon started a petition which features this picture and also accuses her of “ignoring … racist and sizeist actions and words of the vocal coaches under her jurisdiction.” The petition has roughly 2000 signatories. It is an ironic twist on the woke movement where literally not being awake is now cause to be terminated. Continue reading “New York Professor Faces Latest Termination Petition Over Allegedly Falling Asleep During Anti-Racism Meeting”

“A Digital Thunderdome”: Another Times Editor Leaves Under Fire For Opposing Views

Yellow journalismWe have been discussing the shocking abandonment of journalistic principles by the New York Times in its recent apology for publishing a column by a United States Senator and forcing out an editor who had the audacity to publish an opposing view of the current protests.  The newspaper effectively declared echo-journalism to be its new mission.  Now another opinion writer and editor, Bari Weiss, has resigned after what she called an “illiberal environment” where she has been harassed and abused by other reporters without any intervention from the management. In a scathing resignation letter, Weiss called the Times a “Digital Thunderdome.”

Continue reading ““A Digital Thunderdome”: Another Times Editor Leaves Under Fire For Opposing Views”

China Sanctions U.S. Senators For Criticizing China

130px-Mao_Zedong_portraitChina has a long and authoritarian history of suppressing free speech even though some academics now believe that it has been right all along on such suppression on the Internet.  Just when you thought China could not get more bold and outrageous in its anti-free speech actions, it surprises you.  This week China sanctioned Sens. Marco Rubio and Ted Cruz for criticizing its treatment of minority Uighur Muslims in Xinjiang. Continue reading “China Sanctions U.S. Senators For Criticizing China”

Princeton Student Reportedly Denied Job After Signing Letter Defending Free Speech

220px-Princeton_shield.svgRecently, we discussed how a Georgetown University student was denounced as a racist by the Student Government for writing an opinion column criticizing the Black Lives Matter organization — an attack on a student that did not prompt even a statement of caution or concern from the university.  While we have been following attacks on faculty who state opposing views of police shootings or aspects of the current protests, the risk is even greater for students.  As the Georgetown student senators knew, the labeling of a student as a racist can cause long-standing problems for educational and employment opportunities. Now, the site College Fix is reporting that a Princeton student was denied a job and his fellow students submitted to a campaign of harassment after they signed a letter supporting academic freedom and free speech on campus.  Again, the university has not issued a statement.  Universities and faculties have felt no obligation to protect such students as they are subjected to abuse and harassment for expressing their views . . . even of the value of free speech. Continue reading “Princeton Student Reportedly Denied Job After Signing Letter Defending Free Speech”

Creighton Professor Triggers Outcry After Labeling Supporters Of Police “White Supremacists”

downloadNow for some good news.  We have been following efforts to have professors stripped of academic positions or outright fired for voicing opposing views of police shootings, Black Lives Matter movement or aspects of recent protests from the University of Chicago to Harvard to Cornell to other schools.  Now we have a professor at Creighton University who has triggered an outcry by calling support for police officers an expression of white supremacy. The University later issued an apology on behalf of Associate Professor of Theology Zachary Smith but no one has called for his termination.  Today, that is progress.  We can only hope that if Smith’s comments were directed at groups or issues associated with the current protests, the university and his colleagues would have the same measured or muted response.

Continue reading “Creighton Professor Triggers Outcry After Labeling Supporters Of Police “White Supremacists””

Slander or Opinion? Claims Of Racism and Defamation Fly After Education Council Member Is Seen Bouncing Black Child On Lap

download-4A New York City education council meeting recent attracted national attention after one member of the council (and its past President), Robin Broshi, accused another member,  Thomas Wrocklage, of racism after he was seen in a zoom meeting bouncing a black child on his lap. The video below is rather breathtaking but the incident has led to countervailing claims of racism and slander.  As is often the case, we tend to jump on any novel torts claims and this is a good example of the tension between opinion and slander, particularly in such overheated (indeed radioactive) moments in public debates.  It is unfortunately an increasingly common legal question in today’s rage-filled politics. The video of his meeting has now been shown throughout the world.  However, it has some interesting elements as a pedagogical tool for understanding the underlying applicability of tort liability, or lack thereof.

Continue reading “Slander or Opinion? Claims Of Racism and Defamation Fly After Education Council Member Is Seen Bouncing Black Child On Lap”

Penn State Deletes Tweet Welcoming Conservative Students After Outcry

imagesToday we discussed the formal censuring of a conservative student at Georgetown for his criticism of Black Lives Matter as an organization and his objections to a recent ruling by the Supreme Court. Georgetown University has remained silent as the student has been declared a racist and the student government called for his investigation.  At Penn State, the university took an important step in this time of rising intolerance and actually included conservative students in a welcoming message.  It did not last.  After an outcry from students, the university deleted the tweet — thereby sending precisely the opposite message to conservative students.

Continue reading “Penn State Deletes Tweet Welcoming Conservative Students After Outcry”

Georgetown Student Association Condemns Conservative Student For Criticizing BLM and The Bostock Ruling

Georgetown_sealWe have been discussing the targeting of professors who voice dissenting opinions about the Black Lives Matter movement, police shootings, or aspects of the protests around the country from the University of Chicago to Cornell to Harvard to other schools.  However, student face even greater pressure to conform to a new orthodoxy enforced on our campuses.  An example is conservative Georgetown University junior Billy Torgerson who was the subject of a formal resolution of condemnation by the Georgetown University Student Association as well as a call for a bias complaint to the university. The reason is a column posted on his own website entitled “A Nation Of Virtuous Individuals” in which he espouses widely held conservative views of the law and patriotic views of the country.

Continue reading “Georgetown Student Association Condemns Conservative Student For Criticizing BLM and The Bostock Ruling”

Harvard Professor Under Fire In Latest Attack On Free Speech

200px-harvard_wreath_logo_1svgBy any measure, Harvard Professor Steven Pinker, who holds the Johnstone Family Chair of Psychology, is one of the most influential intellectual leaders in the world. He is also someone who believes in robust intellectual discourse and free thought and speech.  That propensity for academic freedom has now made him a target of hundreds of academics and graduate students who are seeking his removal from the Linguistic Society of America. The letter is one of the most chilling examples of the new orthodoxy that has taken over our academic institutions.  The signatories seek his removal for holding opposing views on issues like underlying causes of police shootings and other research.  The cited grievances are at best nuanced and at worst nonsensical.  Yet, hundreds signed their names and academic affiliations to try to punish a professor for holding opposing views to their own.  We have been discussing these cases across the country including a similar effort to oust a leading economist from the University of Chicago.  It is part of a wave of intolerance sweeping over our colleges and our newsrooms — a campaign that will devour its own in the loss of academic freedoms and free speech. (I should note that I do not know Dr. Pinker and, to the best of my knowledge, I have never met him).

Continue reading “Harvard Professor Under Fire In Latest Attack On Free Speech”

Leading Chinese Law Professor Arrested After Criticizing The Communist Regime

300px-National_Emblem_of_the_People's_Republic_of_China_(2).svgMany years ago, I had the pleasure of speaking at Tsinghua University, considered one of the best educational institutions in China.  I was impressed as faculty at the university struggled to remain intellectually active under the repressive controls of the Communist regime. It is a perilous existence as academics fear that they will write anything that annoys the government.  Now, one of the best known law professors in China, Xu Zhangrun, has been arrested.  Xu predicted the crackdown after he recently wrote a piece criticizing the government’s response to the coronavirus.  His colleagues have been forced into silence at the risk of their own arrest. The arrest comes at a time when many are concerned about the loss of free speech in this country, not by the government but private companies and universities. I have chastised faculty around the country for their silence in the face of the increasing intolerance for opposing views on campuses and actions against professors raising dissenting views of the current protests.  Indeed, many have joined in the call for such punitive measures. Xu is an example of the courage that academics in places like China have shown in the face of imminent threats to their liberty and even their lives.

Continue reading “Leading Chinese Law Professor Arrested After Criticizing The Communist Regime”

“White Lives Don’t Matter”: Cambridge Defends Professor After Inflammatory Tweets

300px-University_of_Cambridge_coat_of_arms_official_version.svgThere is a controversy raging at the University of Cambridge after English professor Priyamvada Gopal posted a June 23rd tweet that “White Lives Don’t Matter.” Thousands signed a petition to have Gopal fired but the university has correctly stood by her free speech rights. The question should not be whether Gopal is fired, but the virtual certainty that she would have been fired in many universities if she made the same comment about other races.  As a blog focusing on free speech, we have repeatedly discussed the investigation and termination of professors for controversial statements on social media. The greatest concern is the lack of any consistent or coherent protection of free speech in universities.  Free speech dies with doubt as to what will be the subject of toleration and what will be the subject of termination. That is why bright line rules are maintained by courts in this field that specifically bar content-based viewpoint discrimination from the government.

Continue reading ““White Lives Don’t Matter”: Cambridge Defends Professor After Inflammatory Tweets”

“I’ma Stab You”: Connecticut Woman Fired Over Pro-Black Lives Matter TikTok Video

Screen Shot 2020-07-03 at 7.15.06 AM
YouTube Screenshot

We have been discussing the free speech issues raised by efforts to terminate professors who criticize the Black Live Matter Movement or aspects of the protests following the killing of George Floyd.  However, there is another such controversy with the inverse fact pattern.  Claira Janover has been fired as an “incoming government and public business service analyst” at Deloitte after posting a video that suggested that she would stab people who said “all lives matter.”  Yesterday, we discussed a dean at the University of Massachusetts who says that she was fired for using such a line in an email. Ironically, Janover shows the same intolerance for anyone with an opposing view, but the case still raises some of the same free speech issues that we have previously discussed, including the punishment of individuals for their social media postings.

Continue reading ““I’ma Stab You”: Connecticut Woman Fired Over Pro-Black Lives Matter TikTok Video”

University of Massachusetts Nursing Dean Fired After Saying “Everyone’s Life Matters” [Updated]

downloadWe have been discussing the growing fear of professors and students over the loss of free speech on campuses for years, but recently those concerns have been greatly magnified with the investigation or termination of professors for expressing opposing views about police abuse, Black Lives Matter movement or aspects of the protests following the killing of George Floyd.  There is a sense of a new orthodoxy that does not allow for dissenting voices as campaigns are launched to fire faculty who are denounced as insensitive or even racist for such criticism.  The most recent controversy involves the recently installed University of Massachusetts-Lowell Dean of Nursing Leslie Neal-Boylan. Dr. Neal-Boylan had only been in her position for a few months when she was fired.  The reason, according to many reports, is that she sent an email on June 2 to the Solomont School of Nursing on the recent anti-racism demonstrations across the country that include the words “everyone’s life matters.” As a blog dedicated to free speech, it has been difficult to keep up with the rising number of cases of the curtailment of speech or academic freedom on our campuses.  What is equally alarming is the relative silence of most faculty members as individual professors are publicly denounced by their universities, forced into retirement, or outright terminated for expressing dissenting views.  This case however raises an equally serious concern over the loss of due process for academics who find themselves the focus of a campaign for removal — or simply summary dismissal.

I reached out to the University and updated the column with the response, which does not clarify most of these questions but suggests that the Dean may have been terminated for other reasons.  I have also reached out to Dr. Neal-Boylan for a response on both the cause and merits for her termination.

Continue reading “University of Massachusetts Nursing Dean Fired After Saying “Everyone’s Life Matters” [Updated]”

“A Single-Handed Symbol Of White Supremacy”: Wisconsin Students Demand Removal Of Statue Of Abraham Lincoln

images220px-Abraham_LincolnWe have been discussing the wanton destruction of public memorial and statues across the country, including baffling attacks on abolitionists and those who fought against slavery.  One of the most incongruous targets has been Abraham Lincoln in various cities.  Now, students at the University of Wisconsin, including the Black Student Union and the Student Inclusion Coalition, have demanded the removal of Lincoln’s statue as ‘a single-handed symbol of white supremacy.” The signer of the Emancipation Proclamation, the vocal advocate for the 13th Amendment, and the man assassinated for his war against the South and slavery.  Saying that Lincoln is the “symbol of white supremacy” has about as much foundation as saying Harvey Milk is the symbol of militant heterosexuality.  Both were great leaders who were killed at the height of campaigns for equality.  As I discuss below, there are aspects of Lincoln’s legacy that are worthy of condemnation but even John Wilkes Booth would dispute the claim of Lincoln as the embodiment of white supremacy.

Continue reading ““A Single-Handed Symbol Of White Supremacy”: Wisconsin Students Demand Removal Of Statue Of Abraham Lincoln”

History Shows Free Speech Is The Loser In Mob Action

Below is my column in The Hill on the ongoing destruction of memorials and statues. After this column ran, I learned that one of the iconic busts of George Washington University had been toppled on my own campus. I did not learn that from our university, which was conspicuously silent about this destructive act at the very center of our campus.  There is something eerily familiar in the scenes of bonfires with police watching passively as public art is destroyed.  Such acts are akin to book burning as mobs unilaterally destroyed images that they do not want others to see.  There are valid issues to address on the removal of some public art but there is no room or time for debate in the midst of this spreading destruction.  Even when there is merit to objections to literally or artistic or historical works, mob action threatens more than the individual work destroyed by such action. The media has largely downplayed this violence, including little comparative coverage of an attack on the Democratic state senator who simply tried to videotape the destruction of a statue to a man who actually gave his life fighting against slavery in the Civil War.  As discussed earlier, history has shown that yielding to such mob rule will do little to satiate the demand for unilateral and at times violent action. People of good faith must step forward to demand a return to the rule of law and civility in our ongoing discourse over racism and reform.

Here is the column:

Continue reading “History Shows Free Speech Is The Loser In Mob Action”