FC: FIRE on post-Sep. 11 attacks on liberty on America's campuses

[Declan McCullagh <declan () well com>]

[FIRE is a nonprofit group founded in 1998 by two friends of and
contributors to Politech, Harvey Silverglate and Alan Kors. They've
done a remarkable job of shining bright lights on censorhappy
university administrators, and I'm glad to see they're paying
attention to what's going on now. --Declan]


----- Forwarded message from Thor Halvorssen <thor () thefire org> -----

From: "Thor Halvorssen" <thor () thefire org>
Subject: Since September 11: the Ongoing Betrayal of Liberty on America's Campuses
To: <declan () wired com>
Date: Wed, 24 Oct 2001 15:19:16 -0400
X-Mailer: Microsoft Outlook CWS, Build 9.0.2416 (9.0.2910.0)

To: Declan McCullagh
From: Thor L. Halvorssen

Since September 11: the Ongoing Betrayal of Liberty on America's Campuses

PHILADELPHIA, PA---Across the nation, in response to the atrocities of
September 11, 2001, and to the debates and discussions that have occurred in
their wake, many college and university administrators are acting to inhibit
the free expression of the citizens of a free society.  Some administrations
continue selective repression as if nothing had occurred: in the name of
preventing "offense," they seek to stifle the views with which they
disagree.  Other administrations, more careerist in times of crisis than at
other moments, and unburdened by moral principle, want to avoid scandalizing
broader public opinion.  In both cases, they are willing to continue to
sacrifice American liberty.

* On September 20, without a hearing, Orange Coast Community College
suspended Professor Kenneth W. Hearlson. Hearlson teaches contemporary
politics at Orange Coast Community College in Costa Mesa, California. On
September 18, in a lecture on contemporary politics, he argued that silence
on crimes against Christians and Jews in the Middle East was consent to
terrorism.  Several Muslim students complained to Vice President Robert Dees
that Hearlson had called them terrorists. Other students in his class,
however, confirmed that Hearlson was lecturing on moral consistency, not on
the character of any students.  The administration has yet to respond to
FIRE's urgent letter.  FIRE has now secured legal representation for
Professor Hearlson.  We will see the case through to the end.

* At Central Michigan University, an administrator told several students to
remove various patriotic posters (an American flag, an eagle, and so on)
from their dormitory.  On October 8, a Residential Advisor told them that
their display was "offensive," and that they had until the end of the day to
remove the items. As one student said, "American flags or pictures that were
pro-American had to be taken down because they were offensive to people."
FIRE has contacted President Michael Rao, along with the Board of Trustees
and officials in the Office of Residential Life, to insist that this public
institution not violate its students' free speech rights.  FIRE awaits his
response.

* University of New Mexico Professor Richard Berthold nervously addressed
the terrorist attacks in his morning class on Western Civilization,
remarking, "Anyone who can bomb the Pentagon has my vote."  Embarrassed, he
soon apologized for the statement, explaining that it was stupidly intended
to be a joke.  Although this state university is bound by the U.S.
Constitution, its president, William C. Gordon, announced that he would
"vigorously pursue" disciplinary action against Berthold. President Gordon
later told Berthold that he had violated University of New Mexico policy by
his statement. FIRE has contacted President Gordon and the University's
Board of Regents, and is awaiting a reply.  If Gordon refuses to recognize
the Bill of Rights, FIRE will secure appropriate remedy.

* At San Diego State University, an international student, Zewdalem Kebede,
overheard
several other students, speaking loudly in Arabic, express delight about the
terrorist attacks.  Kebede engaged the students and, in Arabic, challenged
their positions. Kebede was accused by San Diego State University of abusive
behavior toward the four students.  A University judicial officer formally
admonished Kebede and warned him that "future incidents [will result in]
serious disciplinary sanctions." FIRE has written to University president
Stephen Weber about Kebede's rights and about Weber's obligations to the
Constitution.

* At Duke University, the administration shut down a website after a
Professor Gary Hull posted an article entitled "Terrorism and Its
Appeasement" that called for a strong military response to the terrorist
attacks. FIRE took Professor's Hull's case to the print and broadcast media.
Shamed by widespread publicity, Duke reinstated Hull's web page, but
required him to add a disclaimer that the views expressed in the article did
not reflect the views of the University.  Duke has never before required any
other professors to add such disclaimers to their web pages.  That
institution's double standard is now out in the open.

* At Pennsylvania State University, one professor's web page advocated
vigorous military action as a response to the terrorist attacks of September
11. Penn State's Vice Provost for Academic Affairs, Robert Secor, informed
the professor that the comments were "insensitive and perhaps even
intimidating." In a letter to President Graham Spanier, FIRE noted that such
a message, coming from the chief academic officer, chills free speech and
academic freedom-especially when, as at Penn State, "intimidating"
expression is grounds for dismissal.  President Spanier responded with an
unequivocal endorsement of free speech and academic freedom at his
institution, but he denied that the Vice Provost's use of the term
"intimidating" in any manner chilled the professor's free speech.  Spanier
assured FIRE that the matter would not be the subject of any disciplinary
action.

***The Tip of the Iceberg***

These cases are the tip of the iceberg, because most faculty and students
submit meekly to repression of their speech.  Even where the following cases
have achieved some satisfactory settlement, they reveal a campus attitude
that does not value free speech and legal equality.  FIRE has taken notice
of these revealing incidents, some already resolved and some that FIRE will
follow until their full and final resolution:

* At the College of the Holy Cross, in Massachusetts, the chair of the
department of sociology, Professor Royce Singleton, demanded that a
secretary remove an American flag that she had hung in the departmental
office.  The flag was in memory of her friend Todd Beamer, who fought and
died on the hijacked United Airlines Flight 93 over Pennsylvania.  When she
refused, Singleton removed it himself.  After unfavorable publicity, the
College apologized, but the flag in question was moved to the department of
psychology.

* At Florida Gulf Coast University, Dean of Library Services Kathleen Hoeth
instructed her employees to remove stickers saying "Proud to be an American"
from their workspace, claiming that she did not want to offend international
students.  After public pressure, President William Merwin revoked the
policy.

* In September, the University of Massachusetts granted a permit for a
student rally to protest any use of force in waging the war against
terrorism.  The protest was held.  Another student group reserved the same
place to hold a rally in support of America's policy towards terrorism, but
two days before the rally, their permit was revoked.  Students held the
rally anyway, and their pamphlets were publicly vandalized, with impunity.

* Two days after the terrorist attacks, the Vice Provost of Student Affairs
at Lehigh University, John Smeaton, ordered the removal of the American flag
from the campus bus.  After adverse publicity, the flag was replaced.  The
next day, Vice Provost Smeaton publicly apologized for his action.

* On October 23, the trustees of the City University of New York (CUNY)
voted to condemn a faculty "teach-in" as seditious. On October 2, in order
to provide a forum for discussion on the terrorist attacks, professors at
CUNY held a "teach-in" at which several professors criticized America and
its foreign policy. CUNY Chancellor Matthew Goldstein issued a public
statement condemning the professors who expressed such views. Having
approved the hiring and promotion of the very faculty who spoke, the
trustees and administration now would prefer that they not express their
actual and well-known views.

* Soon after the terrorist attacks, Johns Hopkins University Professor
Charles H. Fairbanks voiced his support, at a public forum, for an
aggressive campaign against states that harbor terrorists.  He said that he
would  "bet anyone here a Koran" that his analysis was correct.  One member
of the audience charged that he sought to "assist people in conducting hate
crimes" with his language. Even though Fairbanks apologized for his remark
about the Koran, Dean Stephen Szabo demanded a written apology and
eliminated his position as director of the Central Asia-Caucasus Institute,
claiming that Fairbanks was unfit for the job.  After media criticism of
this dismissal, Dean Szabo reversed his decision.

FIRE reiterates the words that it released in the wake of the terrible
events of September 11:

1. All students and faculty are individuals, free to define themselves by
their own lights. The imposition of official group-identity is a denial of
the deepest meaning of liberty: individual rights and individual
responsibility.

2. All students and faculty have a right to the equal protection of the law.
Legal equality is a foundational right.

3. Liberty of opinion, speech, and expression is indispensable to a free
and, in the deepest sense, progressive society. Deny it to one, and you deny
it effectively to all.
These truths long have been ignored and betrayed on our campuses, to the
peril of a free society. FIRE continues its commitment to defend these
truths for all times and all seasons.

The Foundation for Individual Rights in Education is a nonprofit educational
foundation.  FIRE unites civil rights and civil liberties leaders, scholars,
journalists, and public intellectuals across the political and ideological
spectrum on behalf of due process, individual rights, freedom of expression,
the rights of conscience, and religious liberty on our campuses. FIRE's
website, www.thefire.org, explains FIRE's views of the assault on liberty
and dignity in higher education.

Contact:
Thor L. Halvorssen, FIRE: 215-717-3473; fire () thefire org

Orange Coast Community College:
Margaret Gratton, President of Orange Coast Community College: 714-432-5712;
mgratton () mail occ cccd edu
Robert Dees, Interim Vice President of Instruction: 714-432-5015;
bdees () occ cccd edu

Central Michigan University:
Michael Rao, President of Central Michigan University: 989-774-3131;
rao1m () cmich edu
John Fisher, Senior Officer for Residences and Auxiliary Services:
989-774-7472; fishe2jn () cmich edu

University of New Mexico:
William C. Gordon, President of the University of New Mexico: 505-277-2626;
wgordon () unm edu
Margaret Jane Slaughter, Chair of the Department of History: 505-277-2451;
mjane () unm edu

Pennsylvania State University:
Graham Spanier, President of Pennsylvania State University: 814-865-7611;
president () psu edu
Robert Secor, Vice Provost for Academic Affairs: 814-863-7494; rxs2 () psu edu

San Diego State University:
Stephen Weber, President of San Diego State University: 619-594-5201;
steve.weber () sdsu edu
James Kitchen, Vice President of Student Affairs: 619-594-5211;
jkitchen () sdsu edu


----- End forwarded message -----



----- End forwarded message -----



-------------------------------------------------------------------------
POLITECH -- Declan McCullagh's politics and technology mailing list
You may redistribute this message freely if you include this notice.
Declan McCullagh's photographs are at http://www.mccullagh.org/
To subscribe to Politech: http://www.politechbot.com/info/subscribe.html
This message is archived at http://www.politechbot.com/
-------------------------------------------------------------------------