The Professional Freedom of the Academic, or The Secret People of Colorado, Who Have Not Spoken Yet
It's notable that in the discussion of the fate of Ward Churchill, a University of Colorado professor who believes that those who died in the Twin Towers were "little Eichmanns" deserving their deaths, no easily-traceable left-right distinction exists. Indeed, while they vary in the degrees that they excoriate his views, none of the following blogging profs support Churchill's removal:
- Eugene Volokh: "His article reveals him to be a depraved person"... but "[i]f the Ward Churchills of the world are fired for their speech, disgusting as it is, that would be a perfect precedent for left-wing faculties and administrations to fire right-wing professors for much less offensive statements."
- Professor Bainbridge: "[T]he man is an ass..." but "I take a rather expansive view of the First Amendment. As one of those rare conservatives in the academy.... [I]t is in my self-interest to insist that tenure and academic freedom must be protected."
- Glenn Reynolds: Echoing Volokh, but commenting on the "hothouse" in the left-wing academy that can produce Churchills.
- Prof. Kevin Jon Heller of the Yin Blog: Noting that "To say [Churchill's statement] is a stupid comment is an understatement." Nevertheless, Churchill is "a tenured professor and one of the most important scholars of Native American history and politics in the US, if not the world," and "[Republicans] simply want to make an example of a scholar who has consistently criticized the US government's genocidal treatment of Native Americans." (His post mainly criticizes Republicans for attacking academic freedom.)
- Prof. Brian Leiter: Asks "Will Academic Freedom Survive at the University of Colorado?" (and responds that it probably will, as Churchill is unlikely to get fired)
On the other hand, most of those attacking academic freedom come from outside the academy. (To pick only two links. Writing on the Summers controversy, Judge Posner makes comments critical of the idea of academic freedom, but he's not directly addressed Churchill.) To those familiar with my general attitude towards self-selecting professionalism, there will be no surprise in finding that I side with the latter. Respect between scholars and a wide degree of tolerance in academic discourse undoubtedly contributes to the generation and dissemination of knowledge. But those of us outside the academy--or even those of us who are merely students--should wonder why a principle must be so unwavering that it shields one who glories in the death of his countrymen.
(For the moment, leave aside the First Amendment/state action problems of firing him. I'm speaking here of the normative argument against academic freedom absolutism. Suffice it to say that were the conceptual barrier breached, the First Amendment problems are workable.)
For Conservatives, This Is No Aegis
While I can see the case of the conservative professors, best put by Volokh, one would hope that academics have enough faith in their fellows to distinguish between Churchill's ranting and a legitimate dispute about views. What makes the rant in question intolerable is not that the author makes equivalences between American actions that may have caused death in the Middle East, or questions the root causes of 9/11. What makes it intolerable is its hateful dismissal of the dead, individuals that Churchill has never met and is singularly unqualified to judge. Even if the subject of the discourse is within scholarly debate (no matter how I may disagree with it), certainly the content of the rant is unbecoming a servant of the state.
But of course, the attitude that brings one to "academic freedom" is not one of service to the state, it's an attitude of professionalism. Just as in the legal profession many of the protections the profession guarantees the public have an uncanny way of enriching lawyers, so in professional academia professional norms have a tendency to ensure a comfortable position for academics.
In the meantime, if this academic freedom is so good for conservatives, why do so few conservatives actually enjoy that freedom? After all, one must actually become tenured before one enjoys Ward Churchill's liberty. Is it really better for conservatives that while a few are sheltered within the ivory towers, the rest of conservatism must muster its forces outside the castle walls? (Indeed, as much as I distrust this Ohio provision, I can't say I'm surprised by it, and agree, it should be considered a shot across the bow.)
This is not to say that academics should be dismissed for their views, particularly their views within their academic speciality. And indeed, academic dialogue can and should get heated. But what good does it do the scholarly community to say that there are no limits to what can be said without sanction? After all, if the ostensible purpose for academic freedom is that it benefits the public, isn't there some interest in convincing the public that they're receiving value?
Walls Protect the Academy, But They Beg For Siege
Here, of course, lies the rub. Whatever the intrinsic value of knowledge, most of those who support universities focus upon their instrumental benefits: college education helps in getting a job, providing for doctors and other skilled professionals, or developing nifty new bits of technology. These goals aren't particularly furthered through subsidies towards those who would demonize the dead. Indeed, humanities departments--which tend to be much more politically polarized--do not always inspire such universal good feeling.
Far from protecting conservative academics, such tolerance for the Churchills of the world may end up harming them. Given the vast difference in political affiliation between the majority of academics and the population at large, every sputtering about "little Eichmanns" may cause those who speak without protection of academic freedom to wonder why they are subsidizing protection for those who are antithetical to their views. (Indeed, consider the rather patronizing tone of some academic bloggers, especially towards "red state" citizens.) But if the academy does shrink, under the current paradigm one doubts this will favor the right.
Good reason thus exists for the University of Colorado to find some way to deal with Churchill, and for conservatives to support them. Certainly there are constitutional arguments (firing Churchill might well amount to "state action"), and there are the self-imposed constraints of tenure and his contract. As much as some will quote Voltaire and his defense of free speech, the immediate counterargument is that merely because Churchill can speak does not mean that his speech must be paid for.
To the extent that the calls for Churchill's removal are political, they are the very type of politics to which one should listen: a movement founded in a deep and visceral feeling that something wrong is being defended by a group who claim a privilege for the benefit of all. The taxpayers of Colorado may easily decide that if the University cannot eliminate that which is a discredit to the state and the institution, the state does not need quite so much university after all.
Comments
Posted by: Tony the Pony | February 7, 2005 10:04 PM
Posted by: Tony the Pony | February 7, 2005 10:09 PM
Posted by: MC | February 8, 2005 8:01 AM
Posted by: A. Rickey | February 8, 2005 10:01 AM
Posted by: Tony the Pony | February 8, 2005 9:23 PM
Posted by: Kevin Jon Heller | February 8, 2005 11:29 PM
Posted by: Anthony | February 9, 2005 12:33 AM
Posted by: Anthony | February 9, 2005 2:13 AM
Posted by: Martin | February 9, 2005 4:51 AM
Posted by: Tony the Pony | February 9, 2005 11:21 AM
Posted by: Tony the Pony | February 9, 2005 7:12 PM
Posted by: Ron Groeber | February 12, 2005 1:07 AM
Posted by: kstreetfriend | February 12, 2005 5:39 PM
Posted by: markm | February 13, 2005 7:01 PM
Posted by: kstreetfriend | February 17, 2005 9:47 PM