more on The Academic Freedom Bill of Rights

[David Farber <dave () farber net>]

------ Forwarded Message
From: Ed Biebel <edward () biebel net>
Date: Wed, 30 Mar 2005 11:56:48 -0500
To: <dave () farber net>
Subject: RE: [IP] The Academic Freedom Bill of Rights

Dave,

This law reminds me of the Utah Equal Access Act which was proposed by
conservative groups who wanted to insure the rights of students to form
prayer groups in public schools among other things.  If I recall correctly,
this law was used by some Utah students to require the schools to allow them
to form gay/straight alliances in the schools much to the chagrin of the
conservatives who originally sponsored the bill.

I wonder how the conservatives will react when court mandates that the
unversity has to require that "the right to die" or "that stem cells are not
considered human life" have to be taught as part of ethics classes to all
students.  Maybe a gay student will sue and the courts will require "gay
studies" to be part of the core curriculum.  I can imagine the conservative
outrage over that one.

It seems that conservative sponsors of these type of bills often forget that
the law can (and does) cut both ways.

-Ed


-----Original Message-----
From: owner-ip () v2 listbox com [mailto:owner-ip () v2 listbox com] On Behalf Of
Nexus
Sent: Wednesday, March 30, 2005 11:03 AM
To: ip
Subject: [IP] The Academic Freedom Bill of Rights



------- Original message -------
From: Kelley  <kelley () rakfoundry com>
Sent: 30/3/'05,  10:59

I'd really like to know if there's any good defense of this Bill.

You know, most people I know try to present several different sides to
issues when they teach. But, I can't fathom why I am obligated to teach "the
religious view of work"  -- which, curiously enough, really means the
Christian view of work and a narrowly defined Christianity to boot. That I
might discuss the Protestant Ethic and the influence of Christianity on work
and professionalism isn't usually what critics are looking for.

I've had students bring me Rush Limbaugh's book (can't recall which),
claiming I ought to teach Intro with it. *rolls eyes* Yeah, Limbaugh is
scholarly.

Are people who teach about the family supposed to teach about Adam and Eve
as if that's a good 'theory'? I'm not so sure I'm out of line there. I've
seen people solidly defend claims made in the Bible about what humans
primarily ate before 'the Fall' and what they at after as if this was an
acceptable counterpoint to various scientific theories about how diets might
have evolved.

OK. I shall end my rant and let you read about the latest from the
wackyland, my adopted state, Florida: a bill that could allow students to
sue profs and universities if they feel their views aren't being respected.

Really, how could any court decide such a thing? Students can feel that
their views are not being respected by simply taking an intro course where
their common sense beliefs are examined more carefully and alternatives ways
of thinking are presented. To me, this is hardly disrespecting the student.
It's called a liberal education (lower case liberal!).

Kelley

When you need to communicate, Ink Works!
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Capitol bill aims to control 'leftist' profs THE LAW COULD LET STUDENTS SUE
FOR UNTOLERATED BELIEFS.

By JAMES VANLANDINGHAM
Alligator Staff Writer

TALLAHASSEE - Republicans on the House Choice and Innovation Committee voted
along party lines Tuesday to pass a bill that aims to stamp out "leftist
totalitarianism" by "dictator professors" in the classrooms of Florida's
universities.

The Academic Freedom Bill of Rights, sponsored by Rep. Dennis Baxley,
R-Ocala, passed 8-to-2 despite strenuous objections from the only two
Democrats on the committee.

The bill has two more committees to pass before it can be considered by the
full House.

While promoting the bill Tuesday, Baxley said a university education should
be more than "one biased view by the professor, who as a dictator controls
the classroom," as part of "a misuse of their platform to indoctrinate the
next generation with their own views."

The bill sets a statewide standard that students cannot be punished for
professing beliefs with which their professors disagree. Professors would
also be advised to teach alternative "serious academic theories" that may
disagree with their personal views.

According to a legislative staff analysis of the bill, the law would give
students who think their beliefs are not being respected legal standing to
sue professors and universities.

Students who believe their professor is singling them out for "public
ridicule" û for instance, when professors use the Socratic method to force
students to explain their theories in class û would also be given the right
to sue.

"Some professors say, 'Evolution is a fact. I don't want to hear about
Intelligent Design (a creationist theory), and if you don't like it, there's
the door,'" Baxley said, citing one example when he thought a student should
sue.

Rep. Dan Gelber, D-Miami Beach, warned of lawsuits from students enrolled in
Holocaust history courses who believe the Holocaust never happened.

Similar suits could be filed by students who don't believe astronauts landed
on the moon, who believe teaching birth control is a sin or even by Shands
medical students who refuse to perform blood transfusions and believe prayer
is the only way to heal the body, Gelber added.

"This is a horrible step," he said. "Universities will have to hire lawyers
so our curricula can be decided by judges in courtrooms. Professors might
have to pay court costs - even if they win - from their own pockets. This is
not an innocent piece of legislation."

The staff analysis also warned the bill may shift responsibility for
determining whether a student's freedom has been infringed from the faculty
to the courts.

But Baxley brushed off Gelber's concerns. "Freedom is a dangerous thing, and
you might be exposed to things you don't want to hear," he said. "Being a
businessman, I found out you can be sued for anything. Besides, if students
are being persecuted and ridiculed for their beliefs, I think they should be
given standing to sue."

During the committee hearing, Baxley cast opposition to his bill as
"leftists" struggling against "mainstream society."

"The critics ridicule me for daring to stand up for students and faculty,"
he said, adding that he was called a McCarthyist.

Baxley later said he had a list of students who were discriminated against
by professors, but refused to reveal names because he felt they would be
persecuted.

Rep. Eleanor Sobel, D-Hollywood, argued universities and the state Board of
Governors already have policies in place to protect academic freedom.
Moreover, a state law outlining how professors are supposed to teach would
encroach on the board's authority to manage state schools.

"The big hand of state government is going into the universities telling
them how to teach," she said. "This bill is the antithesis of academic
freedom."

But Baxley compared the state's universities to children, saying the
legislature should not give them money without providing "guidance" to their
behavior.

"Professors are accountable for what they say or do," he said. "They're
accountable to the rest of us in society … All of a sudden the faculty think
they can do what they want and shut us out. Why is it so unheard of to say
the professor shouldn't be a dictator and control that room as their
totalitarian niche?"

In an interview before the meeting, Baxley said "arrogant, elitist academics
are swarming" to oppose the bill, and media reports misrepresented his
intentions.

"I expect to be out there on my own pretty far," he said. "I don't expect to
be part of a team."

House Bill H-837 can be viewed online at www.flsenate.gov.

http://www.alligator.org/pt2/050323freedom.php




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