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Saturday, March 18, 2006

AAUP Smear: Betraying Academic Freedom

By David HorowitzFrontPageMagazine.com
January 20, 2006

On November 9, 2005, Professor Joan Wallach Scott appeared as a witness before the Select Committee on Academic Freedom of the Pennyslvania House of Representatives. The committee was created by House Resolution HR 177, sponsored by Representative Gibson Armstrong.

Joan Wallach Scott is a distinguished member of the academic profession as it is currently constituted. She holds a tenured chair – itself an honorific – in History at Princeton’s Institute of Advanced Studies, one of the most prestigious academic institutes in the United States. She is also a Professor of History at Rutgers University. In addition to her prestigious academic posts, Joan Wallach Scott holds a key national position as a guardian of academic freedom. From 1999 until 2005 she was the chair of Committee on Academic Freedom -- the famous Committee “A” -- of the American Association of University Professors, which is responsible for the academic freedom guidelines which most colleges and universities follow and which was the direct inspiration for the creation of the Academic Bill of Rights.

According to Professor Scott, she is now a consultant to Committee “A” and – in her own words: “Issues of academic freedom remain central to all my professional work.” Without question the views of Professor Scott are not merely the opinions of a single individual but represent views of an individual at the heights of the academic profession and at the center of its views on academic freedom.

In her testimony (168-169) Professor Scott noted that the Pennsylvania legislation (HR 177) was concerned with three areas: First, whether professors are hired according to professional c``academic standards or whether political factors enter into the hiring process; second, whether there is intellectual diversity in the classroom; and third, whether ideological considerations are involved in grading and how discussions are conducted in the classroom.

On the first question concerning faculty diversity, Professor Scott dismisses – without evidence or argument -- all studies that have recently shown an overwhelming preponderance of faculty across the range of American colleges and universities with views that can reasonably be associated with the political left.[1] These studies were conducted using several different scientific methodologies. They show ratios of leftwing to rightwing professors in the humanities and social sciences ranging from 5-1 to as high as 30-1.

Some of these studies depend on reviewing the party registrations of faculty who have voted in primary elections. But the same conclusions have been reached in the studies that do not depend on party registration by Klein, Western, Rothman, Lichter and Nevitte.[2] These more scientific studies depend on thousands of interviews of professors about their beliefs. They demonstrate that the percentage of conservative faculty has been diminishing over time, and that, in general, professors with conservative beliefs are teaching at institutions below the level at which one might expect to find them. This would suggest an active –and political -- principle of exclusion at work.

Neither Professor Joan Wallach Scott nor the American Association of University Professors have offered any reasoned critique of the studies by Rothman, Klein and others which suggest that the academic hiring process is biased in its core. Professor Scott merely dismisses the scientific data with a wave of her credentialed hand, as though the fact that she has been the head of an academic freedom committee has made her an authority on the subject. According to Professor Scott, there is no problem of political prejudice or ideological preference influencing a hiring decision in today’s academy.

In place of an argument she merely asserts: “The considerations that enter hiring decisions have everything to do with scholarship and with what might be called disciplinary politics.”[3] Further along in her testimony she again asserts, “The evidence suggests that there is no party line being used either to hire teachers or to inform their teaching.” But if this is so, why would the mission statement of the School of Social Work at the University of Pittsburgh – to take one of many examples offered in the testimony of Stephen Balch – include a statement that “the school is committed to promoting the values of social and economic justice.” Both terms -- “social justice” and “economic justice” -- are widely recognized to be anti-free market catch-phrases of the political left. (Those who accept the market system are generally opposed to correcting its inequalities through political interventions in the name of “social justice” or “economic justice.” Further, supporters of free markets would argue that systems which rely on criteria like “social justice” to determine the distribution of economic goods – as socialist economies do – produce more injustice rather than less.)

Despite Professor Scott’s cavalier dismissal of problems related to political factors entering the hiring process, others in the academy recognize their existence. The editors of the Chronicle of Higher Education, which is the leading journal for university administrators, regard the problem seriously enough to have commissioned a front-page article by Professor Mark Bauerlein of Emory University on the subject. Bauerlein described how political prejudice actually works in academic hiring and the formation of the academic curriculum.[4] The Chronicle would hardly have placed this article so prominently, nor commissioned it in the first place, if there was not a generally recognized problem to explain. President Ruth Simmons of Brown University (the first black and first female president in Brown’s history) announced at the beginning of spring semester 2005 that she was instituting a special fund to bring conservative speakers to the Brown campus, and said this was being done specifically because of the lack of intellectual diversity on the campus. This was the subject of her Opening Address to the university that January. The amount of money in this “Kaleidoscope Fund” is $100,000 and the first invited speaker (in March 2005) was conservative writer Dinesh D’Souza.

I happen to have recently completed a book -- The Professors – to be published next month, which profiles a hundred academics. The Professors addresses the very questions this committee is concerned with, including the question of whether politics – in the sense of the politics that divides our country – might enter into hiring decisions. If I may, here is a passage from my book:

"The bitterly intolerant attitude of the current academic culture towards conservatives is also inevitably a factor in the blacklisting process. In the spring of 2005, the Skidmore College News published an article called, “Politics in the Classroom,” which quoted anthropology professor Gerry Erchak to this effect: 'In the hiring process you’d probably be wise not to mention your political views. If you say, ‘Oh, hey, I really think Reagan was great,’ or, ‘I’m a Bush guy,’ I can’t say a person wouldn’t be hired, but it’s like your pants falling down. It’s just horrible. It’s like you cut a big fart. I just don’t think you’ll be called back.'[5]

"The faculty prejudices reflected in Erchak’s comment are a pervasive fact of academic life. In the same spring, Professor Timothy Shortell was elected by his peers to the chair of the sociology department at Brooklyn College. His election became a news item when it was discovered that he had written an article referring to religious people as “moral retards” and was on record describing senior members of the Bush Administration as “Nazis.”[6] The recent eruption of the Ward Churchill controversy in Colorado had made Shortell’s extreme attitudes newsworthy. On the other hand, the same attitudes had not impressed his department peers as the least bit unusual. Departmental chairs at Brooklyn College exercise veto powers over faculty hiring decisions. Is it reasonable to think that someone with views like Shortell’s would approve the hiring of a sociology candidate with religious views or Republican leanings? According to the survey of 1700 academics by Professor Daniel Klein and Andrew Western, the ratio of Democrats to Republicans in sociology departments nationwide is 28-1.[7]

"When apprised through press reports of Shortell’s views, the administrative leaders of the City University of New York system (CUNY), of which Brooklyn College is a part, sprang into action. The President of Brooklyn College rescinded Shortell’s chairmanship, thus preventing him from vetoing future conservative and religious candidates for appointments in the Sociology Department."

At the time the Shortell case became public, Joan Wallach Scott was the chair of the American Association of University Professors’ Committee on Academic Freedom. What was the response of Professor Scott to the appointment and removal of a department chair who regarded religious people as “moral retards” and Republicans as “Nazis?” According to the trade magazine InsideHighered.com, “Scott, the chair of the AAUP’s academic freedom committee, said that she was concerned about CUNY leaders ‘readily capitulating to outside pressures,’ and she said that whenever university leaders do that, ‘others are emboldened’ to attack faculty members.”[8]

In other words, whatever professors say or do is fine with Professor Scott, who showed no concern at all that an individual so prejudiced against religious people and Republicans would have veto power over all hiring in Brooklyn College’s department of sociology, a field where conservatives were already outnumbered 28-1. Scott’s academic freedom concern was to that the President of Brooklyn College had decided Professor Shortell was probably too prejudiced to hold such a position and had removed him.

In her testimony Professor Scott suggests that “good social scientific research” would suggest that the scarcity of conservatives on university faculties reflects factors other than political prejudice. She suggests, as a more likely factor, “the preference for more economically lucrative work on the part of Republicans.” The average full professor at Princeton – and Joan Wallach Scott is not average – makes $151,000 a year – and that doesn’t include remuneration for speaking engagements, books and the odd extra faculty job. Am I wrong in assuming that this income might compare favorably with the job-related income of the average Republican legislator on this committee?

In fact, Professor Scott and the American Association of Professors have focused of late on a very select group of professors whom it perceives to be under attack, namely Islamic radicals accused of connections to terrorism. These include Tariq Ramadan, a Muslim academic who was hired by Notre Dame but denied a visa by the State Department because of his connections with al-Qaeda and other terrorist groups, and Professor Sami al-Arian, who is a leader of Palestinian Islamic Jihad, a terrorist group responsible for the suicide bombings of more than 100 individuals in the Middle East, including two American citizens. A media account of a lecture Professor Scott gave at Princeton on September 18, 2005, in which she defended Ramadan and al-Arian, summarized what she said about AAUP’s defenses of academic freedom this way: “Of the incidents the AAUP has tracked since 9/11, Scott said, all but one have been instigated by the pro-Israel bloc.”[9]

The anti-Semitism in these remarks (notwithstanding the fact that Professor Scott herself is Jewish) is apparent and is not confined to this one occasion. Elsewhere Professor Scott has falsely described the Academic Bill of Rights as a “call for balance,” and “an affirmative action program for neo-conservatives,” and has falsely linked neo-conservatives to the Prime Minister of Israel. In Scott’s own formulation “The call for ‘balance’ has also come from neo-conservatives, led by David Horowitz and his campaigners for the ‘Academic Bill of Rights.’ There is, of course, a connection between the pro-Sharon lobby and many of these campaigners on substantive grounds and in their self- representation as victims of discrimination, when in fact they represent a majority viewpoint in American society.”[10]

It is too bad that the Select Committee did not question Professor Scott about her remarks at the Princeton event. In the time span since 9/11, others outside the AAUP have noted the termination of adjunct professor Ted Klocek at DePaul, after he got into an argument on the campus quad with a radical Palestinian student organization; the termination of adjunct professor Philip Mitchell at the University of Colorado (after fifteen years of service) because he assigned an overtly Christian book from the 19th Century in his American history course; the denial of tenure to a noted and widely published conservative, Peter Berkowitz, at Harvard, and other cases where academic freedom had been potentially abused but in which Professor Scott and the AAUP have not shown an interest. One might conclude from the evidence that political considerations shape the interest of Professor Scott and the AAUP in matters of academic freedom.

In her testimony, Professor Scott promised the committee that if it so desired she would “describe the elaborate procedures followed by hiring and search committees and by tenure committees,” which in her view prevent political considerations from entering the hiring and promotion process -- “the outside letters solicited (from members of the profession) the ways their recommendations are scrutinized by all university committees, as well as by deans, provosts and presidents. There is no short, quick, dirty way to get hired or tenured in an American university.” (175)

Professor Scott is right about the elaborate procedures for hiring and promotion, but it is the very existence of these procedures that suggests the process itself is corrupt, and that there has been a corruption of entire departments and fields, with academic standards being abandoned in favor of ideological and politically one-sided prejudice. Take the famous recent case of Professor Ward Churchill, with whose outlines everyone is familiar. Churchill was formerly the chairman of the Ethnic Studies Department at the University of Colorado, Boulder, and – despite everything that has been revealed about him since – is still a full professor of Ethnic Studies at Boulder, even though the president of the university has had to resign over the scandal created by his behavior.

The reason Colorado University president Elizabeth Hoffman had to resign is that Ward Churchill has been exposed as an academic fraud on several counts. Ward Churchill was an affirmative action hire for a faculty position reserved a Native American candidate. Despite his claims in applying for the job and maintained ever since, Ward Churchill is of Anglo-Saxon descent entirely, has no Indian heritage and has been repudiated by the Indian tribe to which he claims to belong as an honorary member. Moreover, despite his full professorship in Ethnic Studies, Ward Churchill has no degree in a field related to Ethnic Studies. Ward Churchill received an M.A. in graphic arts (he is a painter) at an experimental college in the Midwest that did not even award grades at the time. Further, it has been demonstrated to the satisfaction of reporters at the Denver Rocky Mountain News, which ran a six-part series on Churchill, that he is a plagiarist; and it has further been demonstrated to the satisfaction of experts in the field of American Indian history that he has simply made up key historical incidents in his work. Nonetheless, Churchill’s present university salary is $120,000 a year, not including his speaking engagements and books, and apparently, because he is tenured, he has a lifetime job no matter what he does. Many Republican intellectuals, who Professor Scott claims spurn the economic rewards of academics, would actually covet privileges like that.

Yet even though he lacked a Ph.D., which is the normally required credential for professorships, Ward Churchill managed to secure an appointment as an assistant professor of Ethnic Studies and then a promotion to associate professor of Ethnic Studies, and then a promotion to a second tenured position as a full professor of Ethnic Studies. Each of the latter two promotions would have required letters of approval from at least six members of the Ethnic Studies field in schools other than the University of Colorado. In other words, not one of the twelve tenured Ethnic Studies professors in universities across the country saw anything seriously wrong in Churchill’s academic credentials or academic work, though his work is now discovered to have been riddled with plagiarized passages and made-up facts, and though its central theme is that America is, in its essence, a genocidal nation, comparable to Nazi Germany.

Subsequently, this same academic fraud with extremist ideas received a promotion by a vote of the majority of tenured professors in his department and approval by the University of Colorado administration to become chair of the Ethnic Studies Department. Each of his appointments and promotions required full review by the entire Ethnic Studies Department at Boulder and by the chair who appointed the search committee that hired him originally, and by the dean of his school and perhaps by his provost and university president. All of them would have had to approve the hiring; all of them would have had to approve the rapid upward promotion of this academic impostor. All of them did. So much for Professor Scott’s elaborate system of checks and balances that she claims is a guarantee that professors are hired and promoted solely on the basis of their scholarship and not their political beliefs. If that is so, where is the right-wing Ward Churchill? There is none.

The incident that precipitated the Ward Churchill scandal was an invitation to Churchill to speak at Hamilton University. The invitation was extended by an official program of the university governed by tenured professors who shared Churchill’s extremist views. It was in the course of the Hamilton controversy that it became widely known that Churchill believed the victims of 9/11 got what they deserved, and that he thought more punishment for Americans was in order; it was the public, media-fanned scandal that followed this – not any academic committee or procedure – that brought to light that Churchill was not an Indian, that his work was fraudulent, and that he did not have the credentials for the position he had acquired. Nonetheless, since the scandal broke, Churchill has received the public support of more than a thousand university professors, including the support of every member of the Ethnic Studies Department at Boulder, The American Association of Ethnic Studies, and Joan Wallach Scott’s American Association of University Professors. Do these facts suggest that there might be reasonable questions that one could ask of university administrators about existing academic political prejudices and standards? The American Association of University Professors is not about to ask them. As its response to the Ward Churchill affair shows, the American Association of University Professors is part of the problem.

The Ward Churchill affair can be regarded as the Enron of the academic profession. It is evidence of such extensive corruption affecting so many checkpoints and so many safeguards that are supposed to be built into in the system, that Professor Scott’s assurances can hardly be taken seriously. Ward Churchill was untouchable. He still apparently is. The university may not need a Sarbanes-Oxley solution to its corruptions, but there is no reason not to pursue these questions until we find answers.

In her testimony before this committee, Professor Scott’s responses to the second and third concerns of HR 177 refer directly to the Academic Bill of Rights. Her testimony on the Academic Bill of Rights is a tissue of misrepresentations designed to discredit it without examining it: “On the second and third questions, about the openness of the classroom environment, and about students right to free expression, I think there are important points to bear in mind. One is whether balance on every issue, as recommended by the Academic Bill of Rights, is really a desirable feature of the university curriculum.” (177) The Academic Bill of Rights makes no such recommendation. This is a pure invention of Professor Scott. In fact, the word “balance” does not appear anywhere in the Academic Bill of Rights, let alone the claim that there should be “balance on every issue.” The idea itself is absurd. Which is why Professor Scott decided to falsely attribute it to us.

Professor Scott continues: “Another is whether all points of view must always be taught in every classroom for students to enjoy a good climate for learning.” (177) Again, the Academic Bill of Rights proposes no such thing. Nowhere does it say that “all points of view must always be taught in every classroom.” This is another self-evident absurdity designed to discredit a reform she thinks is being proposed by “pro-Sharon” forces. This is ideological thinking that is not even thought. It is pure political prejudice. What the Academic Bill of Rights actually says is that students should be provided “with dissenting sources and viewpoints where appropriate.” What could be clearer? Or more reasonable? The same paragraph in the Academic Bill of Rights says, “While teachers are and should be free to pursue their own findings and perspectives in presenting their views, they should make their students aware of other viewpoints.” Again what could be more reasonable or more clear?

Why should Professor Scott, evidently an intelligent woman, deliberately mis-read and mis-represent the Academic Bill of Rights, unless there is some political agenda behind her fierce opposition to the Bill. Perhaps she is aware of a situation in the universities which she feels impelled to protect – professors like Ward Churchill and Timothy Shortell and the political prejudices which elevated them to their positions -- but which is indefensible by reasoned argument. I personally do not see any other explanation for her false testimony about a document (the Academic Bill of Rights) which is not only self-evidently liberal but which is derived explicitly from the academic freedom principles of the American Association of University Professors itself.

How far is Professor Scott prepared to go in repudiating the “Principles of Tenure and Academic Freedom” laid down by her own organization? Far indeed. “We worry too,” Professor Scott testified, “about the idea of neutrality promoted by supporters of the Academic Bill of Rights. It would prohibit professors from expressing judgment about material they teach as well as about matters not directly relevant to course material.” It should be noted that Professor Scott is a member of an organization called “Historians Against The War” which has condemned the so-called American “occupation” of Iraq and therefore has a vested interest in resisting the idea that academic institutions and professional associations should be neutral in regards to non-academic controversies. Professor Scott is herself a political activist who regards her activism as integral to her academic work. “As feminist and historian,” Scott has written, “my interest is in the operations of power—how it is constructed, what its effects are, how it changes. It follows that activism in the academy is both informed by that work and informs it.”[10]

Personally, I agree with Stanley Fish that ideological commitments conflict with the disinterested pursuit of knowledge that is the goal of scholarship and the two should not be confused (Fish makes this argument in his book Professional Correctness.) But contrary to Professor Scott's false claim, the Academic Bill of Rights emphatically does not “prohibit professors from expressing judgment about material they teach.” I have already quoted the passage in the Academic Bill of Rights that says exactly the opposite, namely: “Teachers are and should be free to pursue their own findings and perspectives in presenting their views.”

Perhaps Professor Scott is referring to a quote which is not to be found in the Academic Bill of Rights but which some legislators have included in their legislative bills at our suggestion: “Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject.” Actually this sentence is taken verbatim from the 1940 Statement of the Principles of Tenure and Academic Freedom of Professor Scott’s own organization, the American Association of University Professors. (It is approvingly quoted in later testimony by her AAUP colleague Professor Moore, who claims – falsely – that the Academic Bill of Rights has a different standard).

To these false presentations of what the Academic Bill of Rights entails, Professor Scott adds an alleged desire of the Bill to impose legislative oversight on universities. First of all, there is already legislative oversight of universities, with which Professor Scott has no quarrel. Laws like U.S. Title IX restrict universities that receive federal funding concerning whom they admit as students, whom they appoint as professors, and which programs they have to discontinue, based on sex discrimination; racial discrimination and sexual harassment laws tell universities what kind of attitudes one can and cannot display towards certain minorities and women; all exist on the books; all require hundreds of millions of university dollars, in the aggregate, to enforce; and all have presumably been supported by Professor Scott and the American Association of University Professors. So what kind of hypocrisy is it to suggest that intellectual freedom may not need legislative attention?

However, the fact is that the Academic Bill of Rights has taken no statutory form or proposed one to deserve Professor Scott’s attack. And attack it is. “[The Academic Bill of Rights recalls the kind of government intervention in the academy practiced by totalitarian governments. Historical examples are Japan, China, Nazi Germany, fascist Italy and the Soviet Union. These governments sought to control thought rather than permit a free marketplace of ideas.” (187) In other words, those of us who have shown concern about the lack of professionalism and the absence of intellectual diversity in academic classrooms are, according to Joan Wallach Scott, not only “pro-Sharon” neo-conservatives but fascists, Communists and Nazis as well!

If the university community is going to represent its side of the case by falsifying the facts, by dismissing reasoned arguments and scientific studies with a wave of the academic hand, and by displaying its intolerance in name-calling like this, then it is going to convince a lot of people that the problems we have been discussing are not only real, but quite serious indeed.

AAUP Smear: The ever embarrassing Joan Wallach Scott

Sunday, January 22, 2006 9:15 PM

Joan Wallach Scott is a Sixties radical who never grew up. Fortunately for her there are many Sixties radicals who never grew up, but who through assiduous effort have subverted the traditional university and gained control of the levers of hegemonic power and influence in the academic world. As a result, this self-proclaimed ideologue occupies a prestigious position at the Institute of Advanced Studies at Princeton, an ivory tower where Einstein hung out in better intellectual times. I am sure that many genuine scholars at Princeton realize the scam that has elevated Joan Wallach to such dizzyingly undeserved heights. But here she is doubly fortunate in that she is not only a Sixties ideologue but also a woman and therefore a member of the reigning feminocracy, which is unassailable in today's politically correct university no matter how anti-intellectual and empty-headed its academic oeuvre (Lawrence Summers take note). Only African American bloviators like her Princeton colleague Cornel West come even close in their ability to spout Marxoid nonsense on an hourly basis without a brave soul around willing to call them to account.

In today's Los Angeles Times, Scott unloads a stream of baseless claims and brazen untruths about academic freedom in the academy. On this subject she is a credentialed "expert" having been the chairperson of the Academic Freedom Committee of the AAUP for the last five years (her term ended in June). During this time she failed to defend Christian and Jewish victims of Muslim and secular persecution in the academic world, but did rally to the support of terrorist professor, Sami al-Arian, and wannabe Notre Dame professor Tariq Ramidan, who was denied a visa by the State Department because of his ties to al-Qaeda. Given her allegiances it is hardly surprising that Scott refers to supporters of the Academic Bill of Rights, like myself, as the "pro-Sharon lobby." And here I thought everyone, even the New York Times, was a Sharon fan now.

I also have a column in today's Times which is devoted to the academic freedom issue. A third is by Edward Said nephew Saree Makdisi another member of the anti-Sharon, pro-Abbas (or is it Hamas?) lobby. Apparently, the Times can't print a symposium on an issue where conservatives are not outnumbered at least two to one. No matter. I can handle (and am used to) much greater odds than that.

I have already dealt with Scott's inability stay in any stable let alone reasonable relationship to the facts in regard to the academic freedom issue, and will not repeat myself. Fortunately, Emory professor Mark Bauerlein has written his own letter to the Times about Scott's slippery intellectual modes, and I am happy to post them here.

Editor, Los Angeles Times:

Joan Wallach Scott's op-ed is entitled "Professors as liberators." But liberators from what? One wouldn't know reading the article. In fact, it contains not a speck of factual evidence. Instead, we have Professor Scott pronouncing a series of grand assertions about the noble ideals of academic inquiry, and their realization on campus. She intones, "In short, at most universities and colleges you'll find no prevailing ideology across departments." Regarding free speech, she says that "inquiry after inquiry has shown that there is no problem." She claims that universities have procedures to handle cases of indoctrination and unfair grading, and "for the most part, they work." And, she says that proponents of the Academic Bill of Rights are out to "stifle critical thinking of any kind by insisting that all ideas are of equal merit."

This is either rank dishonesty, or the vision of someone ensconced in her own fact-challenged reality. Liberal ideology is, indeed, the prevailing view across campus, a point even most liberal
professors concede. What they argue now is over the causes of their dominance. And cases of faculty bias against students or in the curriculum happen all the time without university controls intervening. Just examine the hundred of cases that the Foundation for Individual Rights for Education handles each year (about 15 percent of which are on the part of liberal students). And on the free speech issue, Scott doesn't cite a single inquiry to show that there is no problem, but we have many court cases in which speech codes have been overturned. Finally, the mischaracterization of the Academic Bill of Rights should never have passed the editors' desks, as a cursory reading of the document would show. The ABOR doesn't assert the equality of all ideas. Ideas must pass scholary muster before they should be admitted to the classroom. Indeed, it is on these grounds that one objects to the conversion of classrooms into Bush-bashing sessions.

By all means, let's have a debate over government inquiries into the academy. But let's do so on the basis of the facts, not on cheap allegations.

Mark Bauerlein
Department of EnglishEmory
UniversityAtlanta, GA 30322

AAUP Smear: My Reply to Graham Larkin and the AAUP

By David Horowitz
FrontPageMagazine.com
01/25/04

Thank you for responding (sort of) to my blog response to your original attack on me and the Academic Bill of Rights. In the blog entry, I pointed out that while you titled your piece, “What’s Not to Like About the Academic Bill of Rights?” it was really an attack on me personally and did not address a single statement or tenet of the Academic Bill of Rights itself. I added that you had gone on to invent some imaginary “demands,” which you attributed to the Academic Bill of Rights (with no quotes from the text itself) and used these as a straw man target for your attack.

Your failure to address the specifics of the Academic Bill of Rights was important because your article, which is little more than an extended defamation of me and the academic freedom movement, has been cited and reposted on the internet by academics who don’t want to confront the abuses of academic freedom that the bill is designed to address.

In your reply you do little to remedy the regrettable situation your distortions created. You fail to acknowledge your refusal to address the substantive articles of the Academic Bill of Rights, nor do you seem to regret any of the ad hominem argument you used to distract attention from the substantive issues in this debate. Instead you escalate the attack by taking liberties with a phrase in my blog that provides you with the pretext for reiterating your false claim, which you go on to make the substance of your letter.

The phrase you attack is my reference to the “imaginary demands of the academic freedom movement for ‘balance’ and equal representation.” You then devote your letter to challenging my assertion that, in fact, there are no such demands. (BTW: Why would I deny them if there were?)

The demands of the academic freedom movement are contained and articulated in the Academic Bill of Rights. There are no other formal demands of the academic freedom movement apart from this document. The word you single out – “balance” – does not in fact appear in the Academic Bill of Rights. For the second time you choose to ignore this, and thus the plain meaning of the text, to write: “Your insistence that the supporters of the ABOR make ‘no such demands’ for left-right ‘balance’ (a claim that I think you also made in the radio interview) is bizarre, since from the start you have successfully framed the whole issue in terms of the need for intellectual or ideological balance, equity and diversity.”

Well, “balance,” “diversity,” and “equity” are not the same thing, are they? Balance can only be established by strict adherence to a one-for-one standard: a liberal on this side, a conservative on that, for example. Diversity carries no such connotation. Nor does equity. Equity (like diversity) can refer to opportunity rather than result, which is its clear meaning in the Academic Bill of Rights. We want students to have access to more than one side of the political spectrum, which is pretty much the current state of affairs. We want students to be aware that controversial questions do not have only one answer, that other perspectives exist. We want them to have an opportunity to express themselves in an atmosphere where they are not punished, verbally or otherwise, for doing so. The AAUP calls these demands “a grave threat to academic freedom.” No wonder AAUP members like yourself need to make up threats to respond to. Or to make up claims that these basic rights for students already exist; they don’t. You and the AAUP defend this status quo. That is the issue between us.

Instead of confronting the real issue as it has been presented, you choose to go behind its back, as it were, and distort its agendas in order to discredit it. Hence, you make up an agenda that will be convenient to attack: a demand that university faculties be strictly balanced between left and right. There is no such demand.

In order to defend the indefensible, you have to ignore the actual words in the Academic Bill of Rights and instead refer to a single article I wrote about the campus blacklist, in which I say that I have encouraged students to push an Academic Bill of Rights that “demands balance in their reading lists.” My bad; the Academic Bill of Rights demands no such thing.

Here’s what the Academic Bill of Rights does say about reading lists:

4. Curricula and reading lists in the humanities and social sciences should reflect the uncertainty and unsettled character of all human knowledge in these areas by providing students with dissenting sources and viewpoints where appropriate. While teachers are and should be free to pursue their own findings and perspectives in presenting their views, they should consider and make their students aware of other viewpoints. Academic disciplines should welcome a diversity of approaches to unsettled questions.

Do you have an objection to this? If so, we might have a discussion that is worth having.
As to the discrepancy between what the Academic Bill of Rights says and what I wrote in my article, my response is simple: The article is wrong. In writing articles – particularly as many as I do – it not possible to avoid an occasional careless expression or an injudicious word or phrase. If I had to write the article again, I would have said, “an Academic Bill of Rights that provides students with dissenting sources and viewpoints where appropriate.” Do you object to that?
There is really no excuse, on the other hand, for a writer who has both texts in front of him, not to compare them, then to exploit a minor error like this. I don’t believe I have ever used the phrase “left-right balance” to which you refer. I certainly haven’t made it a central issue of the academic freedom campaign. You insist I have, and refer to a later article, in which you say I quote the same passage. In fact, the text you cite is not an article but very obviously a direct mail solicitation and was written not by me by but by a direct mail firm I hired to raise money for my Center. I plead guilty to not paying more attending to my fund-raising mail. The obvious question remains: If “left-right balance” were the agenda of the Academic Bill of Rights, or the academic freedom campaign, why wouldn’t it be at the center of both? Why wouldn’t the demand have been explicitly written into the Academic Bill of Rights, and why would you have to reach so far in order to come up with a relevant example? Moreover, why would I be denying that balance is my chief demand if it were?

You go on to other examples, which are equally spurious, including a second quotation from the same direct mail solicitation to the effect that the Academic Bill of Rights will require colleges to “promote balance” in regard to the allocation of funds for speakers. But this is what the Academic Bill of Rights actually says on this issue:

6. Selection of speakers, allocation of funds for speakers programs and other student activities will observe the principles of academic freedom and promote intellectual pluralism.

Do you object to this? You should probably read the U.S. Bill of Rights and the Supreme Court decision regarding student fee funds, which requires that these funds at state universities be used strictly for purposes that are viewpoint neutral – in other words that they be strictly balanced. If you have a quarrel with the First Amendment, you should say so, but you should also acknowledge that the Academic Bill of Rights is more liberal (or loose) in this regard than the Constitution.

You also cite a New York Times report that we reprinted on FrontPage that our movement was inspired by “political imbalance on faculties,” as though this proved anything. Am I to be held responsible for every word that the New York Times prints? Am I to censor every passage or phrase in a Times article that I disagree with? Let me say categorically, that neither I nor the movement behind the Academic Bill of Rights was inspired by “political imbalance on faculties,” as the Times – no political friend of ours – puts it. Moreover, the Academic Bill of Rights specifically forbids redressing any such imbalance by hiring new faculty on a political basis or firing old.

In all probability what you are referring to are the studies we conducted of Democratic and Republican Party registrations among university professors. We did this not to establish a principle for balancing faculties or even because we believed that these categories provided a useful intellectual standard – and we made this clear in our introduction to the studies we published. We were forced to conduct these studies because of the brazen denial of left-wing academics like you that there is any problem of ideological screening taking place on academic hiring committees. You continue to deny this, yet you are part of a faculty (Stanford) where junior professors with self-acknowledged left-wing views already outnumber junior professors with self-acknowledged conservative views by a ratio of 30-1. This study was conducted by Professor Daniel Klein of Santa Clara University. If you or the AAUP had the slightest concern about intellectual diversity or academic freedom, you would be concerned about this, but you are not.

Your expertise is art history, so I will forgive you for not understanding the meaning of words, and in particular the fact that “equality,” “equity,” “even-handedness,” and “fair-mindedness” – even ripped out of context – are not identical or the same as “balance,” as you so facilely imply. There is a reason that that word “balance” does not appear in the Academic Bill of Rights and that is because to insist on strict ideological or political balance would destroy the academic enterprise, and our intention is exactly the reverse: to restore it.

We oppose “balance” sensu strictu. We do wish, on the other hand, to promote “fairness” and “diversity.” Balance implies quotas, and we are against quotas. But fairness implies, well, fairness, and we like that. We want to restore respect for the educational process. We don’t want students to be subjected to political harangues in completely inappropriate contexts whose purpose is to isolate them, make them feel like second class citizens in their own universities, and put them on notice that their professors can, should they so desire, punish them for their political beliefs. The system that you and the AAUP are defending is an intolerable one, and you would be the first to make a protest if these abuses were being inflicted on liberal students by conservative professors. (Or maybe not.) We have taken up the cause of liberal students abused by conservative professors, but you have yet to offer us any help.

Here is a preposterous sentence from your text, which reveals the magnitude of your bad faith: “No amount of retroactive spin can reverse the fact that the Academic Bill of Rights’ supporters have campaigned relentlessly to legislate ideological ‘balance’ in American universities.” This is utterly false and easily refuted. The legislation that has been proposed and approved by supporters of the Academic Bill of Rights is posted at http//:www.studentsforacademicfreedom.orgThere are several bills in several states listed. You will not find a word or phrase in any of them that can be interpreted as legislating ideological balance. Your “fact” is a falsehood.

The rest of your letter is merely an exercise in sophistry and denial. Therefore, I will deal with it only briefly. You don’t like political labels – when they are applied to you. In your original attack on me on the AAUP website (where you seemed especially resentful that I have been successful and received economic support for my efforts), you dismiss me as a “reactionary.” This from someone who wants me to “respect peoples’ right to resist (other people’s) labels.” Well, sorry, this street runs both ways. I prefer to think of you as the reactionary – someone who will defend an entrenched class of privileged academics with lifetime tenure from intellectual challenge by those they have politically excluded; who turns a deaf ear to the abuses and injustices committed by faculties that stifle students’ speech, grade them politically and make them feel unwelcome because of their dissenting views. I prefer to regard myself as the progressive in this argument – and in all the others that you and I might have.

Sincerely,

David Horowitz

AAUP Smear: The Professors' Orwellian Case

By David Horowitz
FrontPageMagazine.com
December 5, 2003

The American Association of University Professors prides itself on being a guardian of academic freedom. There is a sound historical basis for this pride beginning with its famous report of 1915, which launched the academic freedom tradition. Through the 1970s its Academic Freedom Committee developed principles and guidelines that have been adopted by American universities to protect the intellectual independence of their faculties. As early as the 1915 report, the AAUP also recognized the academic freedom rights of students. However, as a guild organization whose members are professors, it is not surprising that the AAUP has not been so mindful of the academic rights of students, although these rights are mentioned in its pronouncements going to back to the original report. Again, not surprisingly, the same is true of university administrations, whose academic freedom policies are generally modeled on AAUP guidelines.

Worse, when student rights have been widely infringed by faculty and university administrations, the AAUP has tended to overlook the infringements and even defend them. This is not a small problem. Under the name “political correctness,” student speech rights have been curtailed and students’ academic freedoms abused on an unprecedented scale. Courses of indoctrination masquerading as education have spread through the curriculum and become familiar objects of public ridicule. Outrage over political correctness and “speech codes,” however, did not come from the AAUP or academic faculties, but from the public at large. Moreover, curbing these excesses has been the work of legislatures and the courts, more than academic institutions or associations.

Nor are the problems of professorial excess absent to day. This year, for example, a criminology class at a Colorado university was given an assignment to write a paper on “Why George Bush Is A War Criminal.” Bad enough. But a student who chose to submit a paper on “Why Saddam Hussein Is A War Criminal” received a failing grade (for political incorrectness). At Augustana University, a Lutheran private college, a student was attacked by his own professor and called a “neo-fascist” in front of his classmates for the sin of inviting a FoxNews Channel host to speak on the campus. At Metro State College in Denver, a student who was a Special Forces instructor and had served his country in Panama, the Gulf War, Somalia, Afghanistan and Iraq was told by his professor that he was a “racist” and “violent” and that his uniform was an “offense to the class.” At Texas University, students complained about a professors who used their classrooms as political soapboxes, including one journalism professor who instead of teaching journalistic methods lectured on racism, the war in Iraq and ruling class control of the media. I myself attended a class in “Modern Industrial Societies” at Bates College a few years ago, in which the sole text was a 500-page tract put together by the editors of New Left Review with a range of authorities restricted to Marxists. When I asked the professor about the educational appropriateness of so one-sided a text, she replied “They get the other side from the newspapers.”

Finally, a series of recent studies by independent researchers has shown that on any given university faculty in America, professors to the left of the political center outnumber professors to the right of the political center by a factor of 10-1 and more. At some elite schools like Brown and Wesleyan the ratio rises to 28-1 and 30-1. Even assuming a skew resulting from the career choices of individuals who share certain values along this spectrum, a 10-1 ratio indicates a greater bias than any random process would lead one to expect. But even if one were to accept the 10-1 ratio as indication of a fair hiring process, how would one then explain the 30-1 figure at Brown, without reference to hiring bias? Yet neither the Brown Administration nor the American Association of University Professors, nor any academic association has thus far indicated the slightest interest in -- let alone concern about -- these troubling facts.
In this educational climate, it seemed like a reasonable idea to devise an Academic Bill of Rights that would focus on student academic rights, while protecting the integrity of academic institutions. Consulting with several academics, both conservative and liberal, therefore, I drew up a formal bill based on the tradition of academic freedom that had been articulated by the American Association of University Professors in its better days. The bill, which is sponsored by the national organization of Students for Academic Freedom, emphasizes the importance of intellectual diversity to a free education and codifies protections for students that are currently being systematically neglected. The bill was initially designed for adoption by university administrations but was also made available to legislators, several of whom – including Colorado Senate Majority Leader John K. Andrews and U.S. Representative Jack Kingston, R-GA, have taken steps to make the bill law.

About all these developments the AAUP remained silent until I recently contacted them to solicit their support. Their statement in response airbrushes me out of the picture and addresses the issue of pending legislation based on my bill without distinguishing the two or mentioning my role. What I submitted was not proposed legislation – as their statement suggests -- but a bill that could be adopted by any university or by the AAUP itself.
I had previously submitted a draft of the bill to four noted liberal academics – Stanley Fish, Michael Berube, Todd Gitlin and Philip Klinkner, as well as to Stephen Balch the head of the National Association of Scholars and to Alan Kors a noted professor and defender of individual rights. Each suggested amendments to the original draft and the bill was edited and altered to meet their concerns.

With this revised bill in hand, I contacted Mary Burgan, the head of the “Committee A” – the AAUP’s Committee on Academic Freedom – and was told that they were considering it, but never heard from back from her. Finally, in response to a repeated request, I received a curt email from Jonathan Knight referring me to the AAUP website, where an official AAUP statement on the bill had already been posted.

A scholarly body might have been expected to respond to my request for support in the spirit it was offered, suggesting amendments to any formulations in the bill it found wanting or objectionable. The AAUP could have suggested different wordings of the text, or suggested that specific clauses be dropped. (In response to concerns expressed by Professor Todd Gitlin, I had dropped an entire provision from the original draft). Instead the AAUP responded with the ferocity of a partisan political body. In the words of the AAUP statement, the Academic Bill of Rights was, “a grave threat to fundamental principles of academic freedom,” and to be “stongly condemn[ed].”

Instead of a reasoned, fair-minded response, the American Association of University Professors had issued an intemperate, misleading and at times incoherent denunciation of the bill itself. If any act might serve as a symbol of the problems that have beset the academy in the last thirty years – its intense politicization and partisanship and consequent loss of scholarly perspective – it is this unscholarly assault on a document whose philosophy, formulations and very conception are drawn from its own statements and positions on academic freedom arrived at over nearly a century. Ironically, it is the AAUP’s own unprincipled behavior that demonstrates the need for a constitutional restraint.

The AAUP’s statement begins by attacking what it calls the bill’s requirement that “universities … maintain political pluralism.” Bad way to start. The Academic Bill of Rights calls for no such requirement and does not employ the term “political pluralism.” This is not merely a careless reading of the text; it is a substantive misrepresentation. The Academic Bill of Rights does refer to “intellectual diversity” and does so more than once. “Political pluralism” implies political balance, while “intellectual diversity” describes an attitude towards truth and the principle of free speech. The difference is crucial. Political balance implies political interference (to correct any imbalance); by contrast, intellectual diversity calls for intellectual standards to replace the existing political ones.

Having thoroughly confused the principle that the Academic Bill of Rights proposes, the AAUP characterizes the proposal as “an improper and dangerous method for [the] implementation” of the principle. It then dismisses the problem of infringements on academic freedom by declaring that current protections “work well” and therefore the bill is “not only … redundant, but also infringes academic freedom in the very act of purporting to protect it.” In other words, we already have the protections you are proposing and, by the way, as proposed by you these protections are actually threats.

The AAUP then elaborates its conclusion by continuing to distort what the bill actually says. “The proposed Academic Bill of Rights directs universities to enact guidelines implementing the principle of neutrality [the AAUP’s own term, not one found in the bill] by requiring that colleges and universities appoint faculty ‘with a view toward fostering a plurality of methodologies and perspectives.’ The danger of such guidelines is that they invite diversity to be measured by political standards that diverge from the academic criteria of the scholarly profession.”

The Academic Bill of Rights does no such thing. It expressly rules out measuring anything in the university by political standards. Article 1 of the bill states quite clearly, “No faculty shall be hired or fired or denied promotion or tenure on the basis of his or her political or religious beliefs.” In other words, the bill forbids use of the very political categories that the AAUP claims it invites.

Having created this straw man, the AAUP then proceeds to demolish it: “No department of political theory ought to be obligated to establish ‘a plurality of methodologies and perspectives’ by appointing a professor of Nazi political philosophy, if that philosophy is not deemed a reasonable scholarly option within the discipline of political theory.” But Article 1 of the Academic Bill of Rights explicitly states, that “all faculty should be hired, fired and promoted and granted tenure on the basis of their competence and appropriate knowledge in their fields of expertise.”

There is no excuse for such slovenly reading of a text under attack. If even the AAUP can’t be counted on to fairly represent a viewpoint with which it disagrees, how can it be so sanguine that the faculty it represents can be relied on to police itself?

Over and over, the AAUP statement implies that political standards are going to be substituted for academic standards under the Academic Bill of Rights. “Advocates for the Academic Bill of Rights …make clear that they seek to enforce a kind of diversity that is instead determined by essentially political categories, like the number of Republicans or Democrats on a faculty, or the number of conservatives or liberals.” But as already noted, this is categorically false. The first article of the Academic Bill of Rights explicitly forbids the use of political categories in appointing faculty, which rules out enforcing diversity through such standards.

The AAUP argument stands the reality on its head. The reality is that the Academic Bill of Rights is an anti-quota bill; its intention is to remove the political quotas that exist at the present time, not to institute new ones, which it expressly forbids.

The Academic Bill of Rights does not threaten true academic standards or decision-making. It merely codifies the principles of academic freedom with which the AAUP says it agrees. Here is the way the Academic Bill of Rights formulates faculty responsibility for establishing a pluralism of views, for example: “Exposing students to the spectrum of significant scholarly viewpoints on the subjects examined in their courses is a major responsibility of faculty.” The operative phrase is “significant scholarly viewpoints.” What is it that the AAUP doesn’t understand about these words? And why does it insist on representing the Academic Bill of Rights as advocating the opposite of what it says?

The distortion continues and is compounded: “Because there is in fact little correlation between these political categories and disciplinary standing, the assessment of faculty by such explicitly political criteria, whether used by faculty, university administrations, or the state, would profoundly corrupt the academic integrity of universities. Indeed, it would violate the neutrality principle itself.” In addition to misrepresenting what the Academic Bill of Rights proposes – the bill does not promote the assessment of faculty by political criteria but forbids it – the AAUP statement ignores its own reality. In American universities today there is actually a huge correlation between political categories and academic standing. The Academic Bill of Rights is designed to correct this corruption of academic integrity, which the AAUP has been content to preside over and defend.

The AAUP indictment goes on, as repetitious as it is inaccurate, asserting that “the bill seeks to distinguish indoctrination from appropriate pedagogy by applying principles other than relevant scholarly standards, as interpreted and applied by the academic profession.” The short answer is that it does not, and no evidence is supplied by the AAUP to suggest that it does. Repetition does not make a fiction true.

In addition to its false allegation that the Academic Bill of Rights attempts to introduce political criteria into academic judgments, the AAUP statement charges that it would transfer existing academic responsibilities to college administrators and the courts. But the Academic Bill of Rights does not do this any more than is already done through existing employment contracts and affirmative action procedures. Any contested tenure decision is likely to wind up in the courts, while a vast apparatus of quasi-judicial procedures involving university administrations in oversight of the classroom has been set up to comply with federal laws on discrimination and “diversity” imperatives adopted under pressure from special interest groups. Has the AAUP declared that racial diversity programs are a “grave threat to fundamental principles of academic freedom,” because they remove some autonomy from academic faculties?
More disconcerting than its inconsistency on basic issues of academic governance, is the AAUP’s incoherence on the philosophical underpinnings of academic freedom. The AAUP statement singles out a phrase in the Academic Bill of Rights which refers to “the uncertainty and unsettled character of all human knowledge,” and claims that “this premise … is antithetical to the basic scholarly enterprise of the university, which is to establish and transmit knowledge.” This statement is a puzzling to say the least. Major schools of thought in the contemporary academy – post-modernism, deconstructionism, and pragmatism to name three – are anti-foundationalist in their epistemologies and build their disciplines on exactly the premise that knowledge is uncertain and even relative. Has the AAUP condemned post-modernism as a threat to scholarship?

Why, moreover, should there be a conflict between regarding knowledge as “unsettled” and also transmitting it? Does knowledge have to reflect absolute truth in order to be knowledge? Doesn’t the purpose of the university encompass the pursuit of knowledge in addition to its transmission? Can it be said that scholars in any field agree on all issues in their field? On most issues? What interpretive issues in the field of English literature, History, Sociology, the Law – for example -- could be said to be universally agreed on by scholars in the field? Probably none. Are there no outstanding unsolved issues even in the scientific disciplines, to take the most difficult case. What can the AAUP be thinking?

The AAUP statement continues with a hairsplitting distinction and another false assertion: “Although academic freedom rests on the principle that knowledge is mutable and open to revision, an Academic Bill of Rights that reduces all knowledge to uncertain and unsettled opinion, and which proclaims that all opinions are equally valid, negates an essential function of university education.”

First the split hair: What is the difference between the statement that “knowledge is mutable and open to revision” (the AAUP’s formulation) and the Academic Bill of Rights statement that human knowledge is unsettled, i.e., that claims to absolute truth are to be treated with skepticism? There is none, and the AAUP’s assertion of the contrary is nothing more than sophistry.

Now the falsehood: “[The Academic Bill of Rights] proclaims that all opinions are equally valid.” It absolutely does not proclaim any such thing -- another pure AAUP invention. Nor does the statement that human knowledge is open to challenge imply that every challenge is worthy of consideration, as the AAUP states. That would be absurd and there is nothing in the Academic Bill of Rights to suggest it. In fact, as already noted, the Academic Bill of Rights states quite the opposite: “Exposing students to the spectrum of significant scholarly viewpoints on the subjects examined in their courses is a major faculty responsibility.” In other words, the Academic Bill of Rights specifically states that the opinions that ought to be considered should be drawn from the spectrum of significant scholarly viewpoints, not polls taken of the man in the street. Since this is explicitly stated in the Bill of Rights, one wonders again how the AAUP Academic Freedom Committee – employing scholarly and fair-minded criteria -- could have arrived at such a preposterous conclusion.

Moreover, the AAUP’s claim that academic standards and established disciplines rule the academic world and that the AAUP supports them does not stand up to the slightest scrutiny. The AAUP is not on record, for example, as objecting to fields that are overtly political such as Women’s Studies, Queer Studies and Labor Studies – each of which emerged by overtly rejecting the judgments of its academic superiors and peers. If the AAUP’s standards had prevailed, programs like these, not to mention African-American studies, would never have gotten off the ground.

The AAUP’s statement also analyzes legislation that is either pending or shortly to be pending in Colorado and other state legislatures, and in the U.S. Congress, which is based on the Academic Bill of Rights. The AAUP is concerned about a possible threat this legislation might pose to academic autonomy. The short answer to this is that if they or any academic institution are so concerned, there is an available remedy. By incorporating the Academic Bill of Rights into their own academic freedom guidelines, they would obviate the need for legislation and preclude any possible governmental intrusion (or, more accurately, further governmental intrusion) into academic life.

Presently, however, universities to whom the Academic Bill of Rights has been proposed are taking the position that their existing academic freedom policies (which are in conformity with AAUP’s own guidelines) duplicate the protections provided in the Academic Bill of Rights, which is therefore redundant. The fact that universities like Duke and the University of Illinois, and throughout the state of Colorado, are claiming this redundancy refutes the AAUP’s argument that the Academic Bill of Rights is a threat to academic freedom. Why would universities claim to be embracing its tenets if that were the case?

However, the universities are wrong in making this claim, because their academic freedom guidelines do not adequately protect students – a fact remarked on at the beginning of this argument. Moreover, since they are indeed making the (unsupportable) claim that they do include such protections – and thus refusing to consider even adopting the Academic Bill of Rights – legislators have no choice if they would defend these rights but to impose them on the universities through the law.

The resistance of universities to the academic freedom protections for students guaranteed in the bill is an expression of the fundamental problem at the heart of this issue. Universities have become so ideologically conformist – both in their faculty and their administration -- that they have undermined their public credibility on these matters. If a prospective professor with politically left views has ten- or thirty-to-one advantage of being hired over a conservative, what does that say about the ability of faculties to judge in a fair-minded manner what constitutes indoctrination versus what constitutes education? How can faculties which have demonstrated such bias in the selection of their academic peers be presumed to be fair-minded in their treatment of students who are their academic inferiors?

Notwithstanding this problem, the Academic Bill of Rights does not call for interference by legislatures in these matters. What it does is to set down guidelines for faculty and administrators in making such judgments. Its guidelines as the AAUP statement itself acknowledges are drawn explicitly from the AAUP’s own academic freedom policies but are extended to cover students as well. If the AAUP wishes to preclude legislative intrusion into these matters, it has a simple remedy readily available and already noted, which is to urge its members to adopt the Academic Bill of Right’s protections for students as official university policy. That would take the entire question of legislative remedies off the table.
As a final matter, the AAUP statement finds article 8 of the Academic Bill of Rights especially objectionable. Article 8 states that “academic institutions and professional societies should maintain a posture of organizational neutrality with respect to the substantive disagreements that divide researchers within or outside their fields of inquiry.” The AAUP finds “the implications of this requirement…truly breathtaking.” It is hard to see why. What academic rationale can there be for a university or an academic association declaring itself against the war in Iraq for example, as more than few have done?

In fact the AAUP comments on Article 8 hide through ellipses the fact that it refers to academic institutions and professional societies (rather than academic departments) and refers to disagreements within “or outside” professors’ scholarly fields of expertise. It further distorts what the bill actually says by suggesting that Article 8 refers to “judgments of quality,” which it absolutely does not. It refers only to “substantive disagreements.”

This dishonest presentation of what Article 8 says is actually what it is breathtaking. What the AAUP’s distortion of the article is is intended to obscure is that it refers to issues that are politically divisive. Article 8 was actually inspired by Stanley Fish’s essay, “Save The World On Your Own Time,” which appeared in the Chronicle of Higher Education, and which argues that there is a conflict between political concerns and professional inquiry and that to protect the latter universities should remain institutionally neutral on controversial questions of the day.
Perhaps Article 8 should have explained further what it mean by “substantive disagreements,” and issues “outside” the fields of professors’ scholarly expertise. If so, this could be easily fixed by revisiting the wording of the text and revising it. But the AAUP has not suggested that. Instead it has distorted the meaning of the text to suggest that decisions about academic quality should be taken away from faculties or universities. This is just another in the series of straw men that the AAUP has found it necessary to create in order to reach its Orwellian conclusion that “the Academic Bill of Rights undermines the very academic freedom it claims to support.” On the contrary, it is the partisan dishonesy of the AAUP’s assault on these missing protections that does just that. No better case could be made as to the need for academic reform than the AAUP’s own behavior in this matter.

This article is a response to a statement made by the AAUP's Committee A on Academic Freedom and Tenure denouncing the Academic Bill of Rights and calling it a “grave threat to fundamental principles of academic freedom.”

The author wishes to thank Professor Philip Klinkner and Stephen Balch for advice on this text.--------------------------------------------------------------------------------David Horowitz is the author of numerous books including an autobiography, Radical Son, which has been described as “the first great autobiography of his generation,” and which chronicles his odyssey from radical activism to the current positions he holds. Among his other books are The Politics of Bad Faith and The Art of Political War. The Art of Political War was described by White House political strategist Karl Rove as “the perfect guide to winning on the political battlefield.” Horowitz’s latest book, Uncivil Wars, was published in January this year, and chronicles his crusade against intolerance and racial McCarthyism on college campuses last spring.

AAUP Smear: The Strange and Dishonest Campaign Against Academic Freedom

By David Horowitz
FrontpageMag.com
04/29/05

Ever since I launched the campaign for an Academic Bill of Rights some eighteen months ago in October 2003, the most salient feature of the battle against it has been the dishonesty of its academic opponents. The opposition has gone so far as to compare my campaign for intellectual diversity on college campuses to Mao Zedong’s purge of the Communist Party elite, during the “cultural revolution,” surely an unintended reflection on the critics themselves. And this is only the beginning of the attacks. William E. Scheuerman, chair of the AFT’s higher education division, called the legislation “crazy,” “Orwellian,” and McCarthyite. Scheurman, president of United University Professions, which represents faculty members at the State University of New York, said that the legislation’s provisions requiring equal representation of views on controversial issues would require courses on the Holocaust to change so that “on Monday we would hear that the Holocaust was bad, on Wednesday that it was good, and on Friday that it never happened.” There is no such provision in the Academic Bill of Rights.
The fact is that I planned this campaign to repair a broken academic process as a non-partisan effort, and specifically to be viewpoint neutral. The very first principle of the Academic Bill of Rights, for example, forbids the firing of professors on the basis of their political views. In launching the campaign I hoped to restore the educational guidelines that had been in place when I was an undergraduate at Columbia University in the 1950s.

These guidelines had protected me as a student with leftwing views in the McCarthy era. My parents were both Communists, teachers who had lost their jobs during the loyalty investigations of that time. I was then a budding “New Leftist,” and my views reflected my Marxist upbringing. Yet in all the years I was at Columbia, my professors never singled me out for my political leanings, but treated me instead like any other student. The papers I wrote were examined for the way I handled the evidence and constructed my arguments, never for the political conclusions or judgments I made.

Today, I am grateful to my Columbia professors for their professionalism, for the fairness with which they treated me as a student and for their faithfulness to the educational concept. They did not regard the classroom as a place for airing their political prejudices or where students were expected to adopt opinions their teachers regarded as politically correct. As I set out on my campaign of academic reform in the year 2003, the educational environment I experienced at Columbia in the 1950s was the gold standard of what I wanted to achieve.

It is my view based on thirty years of experience around college campuses, that American universities are less intellectually free today than they were in the McCarthy era. The difference is that then the commissars of political correctness were political figures who were outside the university community and whom the university community regarded with hostility as well as fear. Today, the commissars of political correctness are an integral part of the university itself. They are professors and administrators who think it is the university’s place to train students in “progressive” attitudes and ideas, and enlist them in the armies of “social change.” But the university is not – and should not be – a political party. As the liberal scholar Stanley Fish put it in a well-known article in The Chronicle of Higher Education, “Save The World On Your Own Time.”

In devising the Academic Bill of Rights, I was careful to make it viewpoint neutral, since it was my intention to protect all students – not just conservative ones -- from McCarthy-like attacks on their political affiliations and beliefs. For the same reason, I believed I could marshal support for my reforms from members of the academic community even if they came from the left side of the political spectrum.

Of course, I realized that the existing university situation worked against my non-partisan intent and would make such a broad-based coalition difficult. Over the last thirty years there has been a general intellectual cleansing of conservatives from the faculties of American universities, so that by now libertarians, conservatives and religious Christians are a dwindling remnant in any university department. Consequently, most of the abuses of academic freedom were being committed by leftwing professors and most of those on the receiving end of these abuses would be conservative students. At the same time, the university has become increasingly politicized, so that many professors no longer think it improper to introduce their political agendas into their academic classrooms.

I did not delude myself into imagining that it was possible to correct the glaring exclusion of conservatives from university faculties by administrative or legislative fiat. To attempt such a “cultural revolution” would destroy the university itself. Therefore, I concentrated my efforts on the problem of professorial behavior, specifically the unwarranted intrusion of political agendas into the classroom to the detriment of the educational process.

My Academic Bill of Rights can be seen as a modest attempt to restore academic manners to the academic classroom, the decorum appropriate to the tasks of education and the enterprise of learning. This would be a decorum appropriate to an institution dedicated to “the disinterested pursuit of knowledge,” as my own alma mater, Columbia University, had described its mission in the 1950s. Consequently, my Academic Bill of Rights stresses the importance of respecting students’ political and religious views, of not grading them for their political opinions, of not intruding controversial matters that are irrelevant to the subject matter, and of making students aware of the “spectrum of significant scholarly viewpoints.” Surely these are not radical or particularly conservative ideas.

I also realized that since tenured radicals had come to see the university as their political base, and to regard their captive audiences as potential recruits to political causes, there would be a reaction and a howl of disapprobation from some radical faculty quarters once I got started. This reaction was likely to be magnified by the fact that I am a conservative intellectual, and therefore not the best messenger for a non-partisan campaign. On the other hand, these problems have been festering for nearly twenty years in the university, and there appeared to be no other candidate volunteering to address them or to promote institutional reform.

To make my proposed reforms as unassailable as possible in these imperfect circumstances, I took several precautionary measures. In particular, in drafting the Academic Bill of Rights I based the text as closely as possible on the academic freedom principles that had been established by the American Association of University Professors. These principles were first articulated in the 1915 General Report on Academic Freedom and Tenure, which was written for the AAUP by the celebrated philosophers John Dewey and Arthur Lovejoy, and is generally regarded as the canonical document of academic freedom.

When I completed drafting my Bill, I sent it to be reviewed and revised by Stephen Balch, a former academic himself and now the president of the National Association of Scholars. Following his revision, I submitted it to Professor Eugene Volokh, one of the pre-eminent scholars of First Amendment law, and to Professor Alan Kors, the head of the Foundation for Individual Rights in Education.

I then submitted it to three prominent leftwing academics – Stanley Fish, Todd Gitlin and Michael Berube -- and asked them to review and criticize it. When their reviews were in, I removed everything from the draft to which they objected, without exception. In fact, there was only one provision in the draft to which they did object, and that was a clause that would have required all hiring, promotion and tenure deliberations to be recorded, and the records to be made available to “duly constituted authorities.” The phrase “duly constituted authorities” was designed to be deliberately vague so that faculties themselves could decide whether the review of these deliberations would be by departments, faculties or administrations. I did not want to be seen to be imposing external authorities on the university process.

In short, I took whatever measures occurred to me as necessary to make my Bill as acceptable to the university community as possible. It was fully my intention at this stage in its development that the Academic Bill of Rights would be adopted by universities themselves as a statement of university policy, and not by legislatures as matter of law.

Two of the three professors to whom I submitted the draft – Todd Gitlin and Michael Berube -- objected to the provision about recording deliberations of hiring and tenure committees. I can’t remember if Stanley Fish concurred with their objection or thought that the provision wouldn’t make any difference at all. In any case, I removed the provision. The point of all this is that The Academic Bill of Rights that has become the basis of legislation in many states, and also the target of uncompromising attacks from the political left was found completely unobjectionable by three prominent leftwing academics at the outset of the campaign to make it the policy of academic institutions (rather than to make it a legislative statute).

I have made this point publicly before with little impact. In fact, the only result my reviewing these facts has been to inspire an attack on my integrity by the American Association of University Professors, which is the chief opponent of the Bill, through a spokesman named Graham Larkin, who is a faculty member at Stanford. Larkin contacted the three leftwing professors I had consulted and, in an article titled, “More Than a Stretch": David Horowitz's Imagined Supporters Speak Out,”accused me of misrepresentation, and later escalated the insult, in a defamatory rant in the online magazine InsideHighered.com, a magazine “of record” whose agendas seem indistinguishable from those of Larkin and the AAUP. In the article, Larkin referred to me as a “liar extraordinaire” for repeating the claim about the three academics on a PBS show we appeared on together. Graham’s claim that the professors’ support for the Bill was imaginary is based on his deceptive reporting of what I actually said and, in particular in eliding the distinction between the original design of the Academic Bill of Rights as a proposal for an academic policy that universities would adopt, and the fact that eventually – and only after being frustrated by university administrators and the AAUP itself -- I decided as a last resort to appeal to legislators for redress. I never presented the Academic Bill of Rights as a legislative proposal to the three professors I shared the text with, and I have always expressed my willingness to see the legislation withdrawn if universities will institute their own guidelines to protect students in these matters.

Consequently, when Larkin emailed the three professors and asked them if they had endorsed not the text of the Bill but the legislative option, they said they had not which I could have told Larkin myself and which I never claimed they did. So the “stretch” and the “lie” is really Larkin’s fabrication not mine. By blurring the distinction between the text of the Academic Bill of Rights, and the legislation based on it, Larkin created the illusion that it was I who had engaged in a deception. The fact remained (and it was the only fact I claimed) that while objecting later to the Bill as proposed legislation, none of the three objected to the text of the Academic Bill of Rights itself.

There were other evasions as well. One of the three professors, Michael Berube, wrote Larkin in the email, which gave his article its title, “It’s more than a stretch for David to suggest now that I endorsed the final Academic Bill of Rights” (Emphasis added.) As I shall show in minute, Berube did just that. Berube explained to Larkin long after the fact that he had objected “because it would lead to all manner of absurd conclusions, under the seemingly benign banner of ‘diversity.’ We should ask David if he really wants, for example, the al-Qaeda perspective on the Middle East more widely taught in American universities, because right now it is severely underrepresented.”

But Berube’s memory of the Bill is faulty (what he is remembering is the AAUP’s disingenuous talking points). The only appearance of the word “diversity” in the text of the Academic Bill of Rights occurs in point 4, which Berube had emailed me he especially liked (see the quoted text below). The word “diversity” appears in the following sentence from point 4: “Academic disciplines should welcome a diversity of approaches to unsettled questions.” It’s “more than a stretch” for Berube to suggest now (as he did not in his original email to me) that this sentence would lead to a requirement to include al-Qaeda’s perspective on the Middle East in an academic curriculum. Al-Qaeda does not represent part of the “significant spectrum of scholarly viewpoints,” which is how the Academic Bill of Rights describes the diverse viewpoints about which students should be made aware.

When I submitted the original text of the Academic Bill of Rights, which has not been changed, for Berube’s review, this in fact is how he responded:

From: Michael Berube [mailto:mfb12@psu.edu]
Sent: Wednesday, September 17, 2003 7:39 AM
To: David Horowitz
Subject: Re:

Hi David--

The academic bill of rights looks fine to me in every respect but one: the taping of all tenure, search, and hiring committee deliberations. It’s a poison-pill clause, for one thing; completely unenforceable, for another; and last but not least, it would lead to all manner of ugly unintended consequences, none of which would necessarily have to do with anyone’s political or religious beliefs….Otherwise, everything else looks fine. I especially like point 4, since I regard all questions in the humanities as unsettled, and have often complained about the academic mode in which people write, “as Foucault has shown. . . .” After all, this ain’t mathematics, and we don’t deal in proofs. “As Foucault has argued” is a better way to proceed, followed by “Foucault’s critics, however, contend. . . .” (Emphasis added.)

Michael

In a similar vein, the objection Professor Todd Gitlin voiced to Larkin was by his own account not an objection to the text I sent him but an objection to the proposal to legislate the text: “I did and do, object to interventions by such higher authorities, as is envisioned in his current campaigns directed at state legislatures,” Gitlin wrote. “But the issue didn’t come up in our correspondence [over the actual text of the Academic Bill of Rights]. So far as I understood matters then, it was Horowitz’s intention to campaign for university resolutions, not legislative interventions.” And so it was.

In sum, I have never claimed that Stanley Fish or Todd Gitlin or Michael Berube approved legislation in behalf of the Academic Bill of Rights, which admittedly introduces a new dimension of possible concerns into the mix. On the other hand, Todd Gitlin is a professor at a private university, Columbia, which the proposed legislation exempts from its provisions. Yet neither Gitlin nor any group of professors anywhere, has come forward to propose that their own universities adopt an Academic Bill of Rights that will protect students from the abuses that have become ubiquitous on our college campuses.

And it is for this reason that I have turned to legislatures as a last resort. In my efforts to persuade university officials to adopt these principles, I soon discovered that administrators live in fear of their radical faculties – a fear well founded, as Harvard president Lawrence Summers recently discovered. Early in my campaign, I became aware that no university administrator would adopt the Academic Bill of Rights I had written, even when they agreed with it, unless it was proposed by the faculties themselves. But I already knew that this was not going to happen.

I had spent an entire year in discussions with the Republican chairman of the board of regents of a large state university system about adopting the Academic Bill of Rights. The chairman was 100% behind my Bill but he was also paralyzed by the fact that he knew his faculty would not support it. He could not mobilize even a small group of such professors to request that the regents of university adopt the policy although he had more than fifty campuses of his university to choose from. That was an instructive lesson in itself.

Nor was he the only university administrator whom I approached. When I first floated the idea of my Academic Bill of Rights in Colorado, for example, one of my first stops was to meet with Elizabeth Hoffman, then president of the University of Colorado. President Hoffman was very cordial, but told me there was no problem of missing intellectual diversity at her university and besides its official academic freedom regulations already contained all the protections I was proposing.

It took a lot of patience for me to go through these motions with university officials because I had already guessed that administrators would not act in the face of determined faculty opposition, and I already knew that that this opposition was inevitable. University faculties that had purged their ranks of conservative professors and whose hostility to conservative intellectuals like myself I had tested in visits to more than 300 campuses were not going to support a policy calling for intellectual pluralism and respect for political difference.

These assumptions were confirmed when I approached the American Association of University professors and asked them to support the Academic Bill of Rights. As noted, the Bill had been designed to conform to the academic freedom guidelines the AAUP had laid down over the course of nearly a hundred years. But I couldn’t even get the AAUP hierarchy to respond to my email asking for their support. When I called the AAUP officials who dealt with academic freedom matters, they said, “we’ll get back to you.” The next thing I knew, and without any further exchanges or a meeting to sit down and discuss the matter, the famous AAUP Committee “A” had issued a public statement, dissecting my Academic Bill of Rights and pronouncing it “a grave threat to academic freedom.” (The statement and my reply can be found here and here.)

To make the point absolutely clear: the version of the Academic Bill of Rights that the AAUP publicly denounced as a “grave threat to academic freedom” was word for word the same Bill that Stanley Fish, Todd Gitlin and Michael Berube had found unobjectionable. Talk about bad faith. The AAUP statement was a declaration of war on the Academic Bill of Rights that set the tone and message for the opposition in every battle in the campaign to come.

One thing the AAUP statement made unavoidably apparent was that working with the professors who dominated the academy’s legislative bodies would be futile. The academy had no intention of honoring its own academic freedom tradition. This left me with only one option, which was to turn to the court of last resort: legislatures. If university administrations would not make respect for intellectual difference official university policy, the legislatures had a responsibility to step in and do so, at least as far as state-funded universities were concerned.

Once the Academic Bill of Rights moved to the legislatures, two important developments occurred. First, the campaign itself began to be noticed. Where previously our efforts had been ignored, we suddenly became a center of public concern in the states where the legislation was proposed. In Colorado, our launch state, both major newspapers -- the Denver Post and the Denver Rocky Mountain News -- ran front page articles and lead editorials on the Bill. University administrators now were bound to make a formal response to our concerns and did. Legislative hearings featured student testimonies that began to acquaint the general public with some of the abuses that had inspired the campaign.

The second development was a change in the opposition, which became increasingly vitriolic and careless with the facts. Previously, the arguments made by defenders of the status quo were pretty much exhausted by Elizabeth Hoffman’s two points: We have no problem, and even if we did, the protections you’re proposing are already in place in our own regulations.

Hoffman was to learn the hard way that she actually did have a problem when the public controversy generated over the Ward Churchill affair led to the termination of her job. I had warned her when we met that the monolithic character of her faculty was a scandal waiting to happen. The lack of intellectual diversity on college faculties has produced a new phenomenon in American academic life: the presence of tenured extremists on faculties, and not only at some universities, but at virtually every one.

The existence of such a large cohort of ideological extremists on university faculties is without precedent in the history of American higher education and is a direct consequence of the purge of conservative academics from the university environment. It is a well-known principle of group dynamics that when the room is filled with like-minded individuals, its center moves towards the extreme. At the University of Colorado, that extreme happened to be named Ward Churchill, but it could have been any number of his colleagues in the Ethnic Studies, Black Studies, Women’s Studies and Journalism Departments whose faculty majorities share his over-the-edge views.

The second part of Hoffman’s argument, which is still being used by university administrations to oppose the Bill has a partial truth to it. Some of the provisions of the Bill are already official regulations, and the sentiment of the Bill is entirely in accord with existing university positions. But university academic freedom guidelines are generally so vaguely formulated that it is easy to ignore them. Moreover, virtually all of these academic freedom provisions are formulated as faculty rights or faculty responsibilities. Virtually none codify rights that apply specifically to students.

When the academic freedom campaign moved to legislatures the opposition seized on the AAUP’s argument that that the Bill of Rights was a “grave threat to academic freedom” and would mean dramatic new restrictions on professorial speech. With AAUP spokesmen in the lead, opponents now began to focus on a particular clause in the proposed bills that enjoined professors from introducing “controversial material” into the classroom that was “irrelevant” to the academic subject.

An incident illustrating this problem was related by Representative Gib Armstrong, the sponsor of the Academic Bill of Rights in Pennsylvania. Armstrong referred to a biology class at a campus in the Pennsylvania State University system that was entirely taken up with a showing of Farenheit 9/11, Michael Moore’s propaganda film against the Bush Administration. The film was shown to students during the presidential election campaign of 2004. The biology professor’s agenda in showing the film obviously had nothing to do with biology and was clearly political.

Opposition to the clause that would prevent professors from abusing their classrooms in this manner first surfaced in Ohio as a reaction to Senate Bill 24, a version of the Academic Bill of Rights introduced by Senator Larry Mumper. A typical “news” story in the Cleveland Plain Dealer expressed that paper’s opposition with this editorializing headline: “Legislator Wants Law To Restrict Professors: Religious, Political Discussions Targeted.” The news story went on to inveigh against the Bill:

“A state lawmaker wants to monitor Ohio’s college and university professors, who he says are polarizing campus classrooms by imposing their left-wing ideas on impressionable young students. Students are being ‘indoctrinated and not educated,’ says Sen. Larry Mumper, a Marion Republican, who introduced Senate Bill 24, described as an ‘academic bill of rights.’ The measure seeks to restrict religious and political classroom discussions that Mumper believes could cross over from intellectual debate to controlling persuasion. It would force Ohio’s public and private universities and colleges to adopt policies forbidding classroom talk on topics not related to the course. It would also chastise professors for imposing their political views on students or for penalizing pupils for holding different opinions. Critics, who call the bill the ‘academic bill of restrictions,’ say it is an assault on free speech.”

In another Ohio paper, Elizabeth Schuett, a columnist for the Cox News Service, made this subtle comment on the same legislation: “Good grief Shades of HUAC and Old Joe McCarthy.

The section of the Mumper Bill that elicited these cries of outrage actually reads as follows:

“Faculty and instructors shall not infringe the academic freedom and quality of education of their students by persistently introducing controversial matter into the classroom or coursework that has no relation to their subject of study and that serves no legitimate pedagogical purpose.”

This “restriction” (which is not actually new) seems like just plain common sense. Students are a captive and vulnerable audience. They have paid tuition to be taught biology or English literature by professionals credentialed in these fields. These professionals have been given authority and power over students and their academic careers precisely because they themselves have gone through a long and arduous credentialing process that qualifies them as “experts” in their particular disciplines. Why then should students be subjected to the political prejudices of these same professors who have no particular expertise in the field of politics, particularly since students have not paid their tuition to attend a political lecture?

Put another way, how does the freedom to use a biology class for political agendas advance the educational process? In fact, it doesn’t. It is more likely to damage the educational process by injuring the trust between the professor and students who don’t share his political prejudices and values. A professor who expresses partisan passions in the classroom creates a wall between himself and students who are equally passionate on the other side. Since the existence of this wall can potentially damage the teacher-student relationship, it would seem that any educator truly committed to all the students that come under his charge, would want to avoid such partisan discourse at all costs.

The “controversial matters” clause of the Mumper Senate Bill is designed to protect the academic freedom of students – their freedom to be educated rather than indoctrinated. It would keep the university from becoming a political soapbox for professors who enjoy lifetime job security and are backed by enormous institutional power, which they can use to enforce their prejudices on captive and vulnerable classrooms of students. It would protect students from being denied the education they pay considerable sums of money to obtain. We don’t go to our doctors for a medical examination and expect to get a lecture on politics. Why should we tolerate this from our English and biology teachers?

Political propagandizing in the classroom – a behavior all too common in our universities today – is unprofessional behavior. It is abusive and offensive, and it should be unacceptable to people all along the political spectrum. In its attacks on the Academic Bill of Rights, the American Association has made these seem like controversial statements. This is the height of intellectual dishonesty. These are not controversial statements. They are already accepted by university administrations; the problem is they are not enforced.

Thus, the Faculty Handbook of Ohio State University instructs professors as follows: “Academic freedom carries with it correlative academic responsibilities. The principal elements include the responsibility of teachers to …(5) Refrain from persistently introducing matters that have no bearing on the subject matter of the course;…(7) Differentiate carefully between official activities as teachers and personal activities as citizens, and to act accordingly.”

This is precisely what the Mumper Academic Bill of Rights – which has been denounced by the AAUP, the ACLU, Ohio Democrats and the liberal Ohio press – says, and in so many words.

The distinction between what is appropriate to a classroom (academic discourse on the subject of faculty expertise) and what is inappropriate (political attitudinizing) could not be clearer than the description in the Ohio State Faculty Handbook and Senate Bill 24. The one is the responsibility of professors to engage in; the other is their duty to avoid.

The Ohio State Faculty Handbook is not unique in making this distinction. At Penn State University, where the biology professor showed Farenheit 9/11 in an obvious play to influence student votes in the November election, this behavior is also forbidden. Policy HR 64 in the Penn State Policy Manual states:

“No faculty member may claim as a right the privilege of discussing in the classroom controversial topics outside his/her own field of study. The faculty member is normally bound not to take advantage of his/her position by introducing into the classroom provocative discussions of irrelevant subjects not within the field of his/her study.”

The Penn State Policy Manual explains the rationale behind its restriction of professorial speech in the classroom in these words:

“The faculty member is entitled to freedom in the classroom in discussing his/her subject. The faculty member is, however, responsible for the maintenance of appropriate standards of scholarship and teaching ability. It is not the function of a faculty member in a democracy to indoctrinate his/her students with ready-made conclusions on controversial subjects. The faculty member is expected to train students to think for themselves, and to provide them access to those materials, which they need if they are to think intelligently. Hence, in giving instruction upon controversial matters the faculty member is expected to be of a fair and judicial mind, and to set forth justly, without supercession or innuendo, the divergent opinions of other investigators.”

There is a reason why all these injunctions against inappropriate faculty behavior sound similar. That is because they are all taken from academic freedom principles articulated by the American Association of University Professors going back to the 1915 General Report. Thus, the 1940 Statement of Principles on Academic Freedom and Tenure of the AAUP warns: “Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject.”

In other words, the AAUP, which is the leading force in the movement against the Academic Bill of Rights, is actually waging a campaign against its own principles, and is thus in a posture of colossal bad faith. But so are university administrations and faculties who are not only actively disregarding their own academic freedom guidelines, but opposing them when they appear in the bills sponsored by our campaign.

This bad faith of the academic community explains the need for legislative redress. If the universities will not enforce their own academic freedom guidelines, but are willing to let professors abuse the academic freedom of their students, then legislators have a fiduciary responsibility to step in and see that this situation is remedied. In the case of private universities, the same responsibility falls to professors and to the accrediting institutions for higher education.

Is it feasible for professors to keep the political opinions and prejudices they hold as private citizens out of the classroom? Why not? I attended school for 19 years from kindergarten to the graduate level, where I received my M.A. 43 years ago at the University of California, Berkeley. In all that time I do not remember a single teacher or a single professor on a single occasion in any classroom make one political comment, or reveal their political prejudices. If the teachers of my generation could be that professional, so can the teachers of this.