{"id":37470,"date":"2017-01-12T11:57:55","date_gmt":"2017-01-12T19:57:55","guid":{"rendered":"http:\/\/world.edu\/?p=37470"},"modified":"2017-01-13T20:40:54","modified_gmt":"2017-01-14T04:40:54","slug":"whence-danger-left-right","status":"publish","type":"post","link":"https:\/\/world.edu\/whence-danger-left-right\/","title":{"rendered":"From whence the danger? Left? Right? Both?"},"content":{"rendered":"

\"academicfreedom\"<\/a><\/p>\n

Today the Washington Post<\/em> published an important op-ed piece, \u201cIf colleges keep killing academic freedom, civilization will die, too<\/a>,\u201d by Jos\u00e9 A. Cabranes, a judge on the U.S. Court of Appeals for the Second Circuit.\u00a0 Cabranes, a Bill Clinton appointee and highly respected jurist, previously served as General Counsel for Yale University (1975-80) and on the Yale, Columbia, and Colgate boards of trustees.\u00a0 His essay has many virtues, not least of which is its invocation of the AAUP and its principles and an uncompromising defense of tenure.\u00a0 Justice Cabranes is concerned, rightly so, that \u201cthe erosion of academic freedom has become a national problem.\u201d<\/p>\n

But what is the source of that problem?\u00a0 Here Cabranes is less clear.\u00a0 \u201cUntil recently, attacks on tenure came mostly from the political right,\u201d he states.\u00a0 But today \u201cthe tables have turned.\u00a0 Academic freedom now attracts opposition largely from the left.\u201d<\/p>\n

On its surface this contention seems bizarre at the least, given the impending Trump presidency; right-wing Republican control of both houses of Congress and the majority of state legislatures and governorships; intensified assaults by rightist politicians on faculty rights in Florida, Missouri, North Carolina, Ohio, Texas, and especially Wisconsin; the widespread intimidation on social media of left-leaning scholars by right-wing \u201ctrolls;\u201d the campaign of intimidation waged by the right on prominent academic climate scientists; the emergence of new blacklists of \u201cliberal\u201d and \u201canti-zionist\u201d scholars, like the Professor Watchlist; not to mention cases like that of Steven Salaita and Melissa Click, dismissed by their universities under pressure from conservative forces resulting in AAUP censure.\u00a0 Indeed, one wonders how much of a threat something called \u201cthe left\u201d could be to virtually anything these days.<\/p>\n

Cabranes martials little evidence to support his claim, however.\u00a0\u00a0 He does argue that \u201cproblems arise when we are told that \u2018uncivil\u2019 speech has made a campus \u2018unsafe\u2019 \u2014 and that university officials should make a campus safe again by punishing uncivil speakers.\u201d\u00a0 I certainly agree, but how does this pressure come from \u201cthe left?\u201d\u00a0 Perhaps the most thorough debunking of the \u201ccivility\u201d movement<\/a> came from a prominent left-wing scholar, Joan W. Scott, a Committee A member, in the pages of the famously left-wing Nation<\/em>.\u00a0 Cabranes\u2019s own examples come exclusively from Yale.\u00a0 I have elsewhere questioned<\/a> the claim he repeats that Yale is \u201clong celebrated as a leader on freedom of expression,\u201d but his treatment of that university\u2019s current failures is, sadly, all too true.\u00a0 \u201cUntil recently,\u201d he writes,<\/p>\n

Yale insisted that accused professors enjoy basic due process, including the rights to a public, recorded hearing; to legal representation; to present evidence; to question opposing witnesses; and to a presumption of innocence unless convicted by \u201cclear and convincing evidence.\u201d Today, however, Yale and other universities routinely ignore or limit these rights, which the American Association of University Professors has described<\/a> as essential in any fair proceeding. Yale now adjudicates<\/a> sexual misconduct proceedings in secret. The standard of proof is reduced to \u201ca preponderance of the evidence,\u201d the lowest possible bar. And Yale made these changes without the formal consent or approval of its faculty.<\/em><\/p>\n

But how, one again might ask, does this constitute an attack on academic freedom from \u201cthe left?\u201d\u00a0 Has the Yale administration somehow been taken over by a band of Leninists?\u00a0 The point is that the issue is neither \u201cthe left\u201d nor, for that matter, \u201cthe right.\u201d\u00a0 Facile notions that \u201cboth sides do it\u201d miss an important point.\u00a0 Attacks on academic freedom are most dangerous when they come from entrenched power, and on college and university campuses that means the administration, the trustees, and at public institutions, politicians.\u00a0 It matters less for academic freedom if these forces can be labeled \u201cright\u201d or \u201cleft,\u201d than that they have the power to implement policy and take action.\u00a0 Both \u201crightists\u201d and \u201cleftists\u201d among faculty, students, alumni, and donors are well within their rights to make demands on the institution, including even to call on the institution to discipline dissenting faculty or students.\u00a0 However, it is the obligation of the institution and its leadership to resist such calls and to defend academic freedom. This is where the failure, at Yale and elsewhere, lies.<\/p>\n

A second example will help illustrate the point.\u00a0 On Monday, University of Wisconsin at Madison professor Donald P. Moynihan published an excellent op-ed in the New York Times, \u201c<\/em>Who\u2019s Really Placing Limits on Free Speech?<\/a>\u201d\u00a0 In contrast to Cabranes, Moynihan focused not on \u201cleft\u201d or \u201cright\u201d or, for that matter, on movements for \u201cpolitical correctness\u201d among students, but on government actions.\u00a0 \u201cPolicy makers who accuse students of weakening campus speech should lead by example,\u201d he concludes.\u00a0 \u201cFree speech on campus has survived and will survive challenges from students and other members of civil society.\u00a0 Its fate is much less certain when the government decides to censor discomforting views.\u201d<\/p>\n

Almost immediately, Samantha Harris of the Foundation for Individual Rights in Education (FIRE) responded<\/a>.\u00a0 While acknowledging the truth of much of Moynihan\u2019s argument, she wrote:<\/p>\n

Moynihan\u2019s editorial, by continuing to frame the free speech debate in terms of liberal vs. conservative, misses an important opportunity to make the broader point that censorship is a wholly bipartisan issue that we must come together to fight across ideological lines. Moreover, by framing the issue in terms of the relative power of student protestors versus that of state legislators, Moynihan also evinces a misunderstanding of the dynamic on many college campuses, where student demands for censorship are backed up by administrative action that directly affects free speech and academic freedom.<\/em><\/p>\n

Now, in fact, Moynihan did not employ the terms liberal or conservative.\u00a0 Nor, for that matter, did he claim, as Harris charges, that the problem of \u201cpolitical correctness\u201d (to resort to a shorthand term) is limited to elite campuses; he simply argued it was only most pressing there.\u00a0 But the real problem is that the thrust of Harris\u2019s piece is to perpetuate the \u201cleft-right\/both sides do it\u201d narrative and to place the largest share of current blame on student protesters.\u00a0 Harris offers several examples to support her contention, but in fact they actually suggest a quite different reading.<\/p>\n

Harris writes: \u201cwhen a few students complained about the language that former Louisiana State University (LSU) professor Teresa Buchanan used in the classroom, the university\u2019s Board of Supervisors fired her.\u201d\u00a0 Regular readers of this blog will be familiar with this case, about which the AAUP issued a special supplementary report<\/a>.\u00a0 But the problem at LSU was not the \u201cfew students\u201d who allegedly complained, but the actions of the university\u2019s administration, which conducted a secretive review, defied recommendations from two faculty committees, and fired Buchanan.\u00a0 The LSU Academic Senate has censured <\/a>the administration for its actions.<\/p>\n

The point is that this has nothing to do with the \u201cleft\u201d or the \u201cright\u201d but with an administration either so craven or so intolerant as to remove a faculty member in response to a handful of relatively minor complaints and to bypass any meaningful semblance of due process.\u00a0 Buchanan is challenging the ruling in court with support from both FIRE and the AAUP Foundation.\u00a0 It is important that her suit is directed at the university, not at students or, for that matter, leftist politicians.<\/p>\n

Let me say that I have great respect for both Professor Moynihan and FIRE, which has done extraordinary work on behalf of both student and faculty academic freedom.\u00a0 My objection here is to the framing of the issue as one of \u201cpartisanship\u201d (left, right or bi) and the targeting of student protesters as major culprits, something perhaps also implicit in Cabranes\u2019s essay.\u00a0 As I have previously argued at some length on this blog<\/a>, students are in the main not the problem.\u00a0 And here let me once again<\/a> martial the insights of libertarian scholar Jacob Levy, who wrote:<\/p>\n

It turns out that 18-year-olds seized of the conviction of their own righteousness are prone to immoderation and simplistic views. (Who knew?) And the last several years have absolutely seen a new level of identity-politics policing of popular culture. This has certainly not come only from the left: witness GamerGate and the preemptive online fury against the new women-led Ghostbusters <\/span>movie. But there have been cases on the left I would identify as excesses. . . .<\/em><\/p>\n

Certainly too many students have bought into a culture that privileges security and comfort over liberty and challenge as, for example, in the movement to impose so-called \u201ctrigger warnings,\u201d which the AAUP has rightly decried<\/a> as \u201cat once infantilizing and anti-intellectual.\u201d\u00a0 However, if students do not respect academic and intellectual freedom one important reason may be that the leaders of their colleges and universities have themselves abandoned these critical values for those of the corporate manager.\u00a0 And that is the central problem, not student pressure or \u201cleftist\u201d thinking.<\/p>\n

Indeed, FIRE\u2019s own executive director, Greg Lukianoff, argued in his 2012 book,\u00a0Unlearning Liberty<\/em><\/a>, which I discussed favorably in a larger review essay<\/a> in the Journal of Academic Freedom, <\/em>that students are not the main initiators of unconstitutional speech codes nor have they been responsible for creating cramped \u201cfree speech zones,\u201d even if too many of them passively accept such outrages.\u00a0 Instead, Lukianoff argues, \u201cthe actual regimes of censorship on campus are put in place primarily by the ever-growing army of administrators.\u201d\u00a0<\/strong>(emphasis added)\u00a0 I would argue further that in imposing such regimes these administrators have functioned neither as \u201cleftists\u201d nor as \u201crightists\u201d and certainly not in some \u201cbipartisan\u201d manner.\u00a0 They are instead mere\u00a0 corporatist managers seeking order and control.\u00a0 And therein lies the bigger problem.<\/p>\n

Note received from Samantha Harris :<\/strong> “Hello, Samantha Harris from FIRE here. I just wanted to clarify a few things about my critique of Moynihan (regarding which he and I actually had quite a nice exchange yesterday on Twitter). First, I don't charge Moynihan with having said the problem of political correctness is limited to elite universities; in fact, I quote him in full as saying that they are "that they are 'the most pressing concerns only for elite private institutions like Oberlin and Yale.'” Second, I don't think that I in any way suggest that student protesters are the primary problem– indeed, I acknowledge even their demands for censorship as "valid exercises" of their right to free speech, and place the blame on exactly those "craven" (to use your term) administrations — like the administration at LSU — that give in to those demands for whatever reason. So I suspect you and I are actually not too far apart here. “<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Today the Washington Post published an important op-ed piece, \u201cIf colleges keep killing academic freedom, civilization will die, too,\u201d by Jos\u00e9 A. Cabranes, a judge on the U.S. Court of Appeals for the Second Circuit.\u00a0 Cabranes, a Bill Clinton appointee and highly respected jurist, previously served as General Counsel for Yale University (1975-80) and on […]\n… learn more→<\/a><\/p>","protected":false},"author":33,"featured_media":37471,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[29],"tags":[12484],"coauthors":[11733],"class_list":["post-37470","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-higher-education","tag-academic-freedom-2"],"acf":[],"yoast_head":"\nFrom whence the danger? Left? Right? 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Cabranes, a judge on the U.S. Court of Appeals for the Second Circuit.\u00a0 Cabranes, a Bill Clinton appointee and highly respected jurist, previously served as General Counsel for Yale University (1975-80) and on […]\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:url\" content=\"https:\/\/world.edu\/whence-danger-left-right\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:site_name\" content=\"World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"article:published_time\" content=\"2017-01-12T19:57:55+00:00\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"article:modified_time\" content=\"2017-01-14T04:40:54+00:00\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:image\" content=\"https:\/\/world.edu\/wp-content\/uploads\/2017\/01\/academicfreedom.jpeg\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta property=\"og:image:width\" content=\"680\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta property=\"og:image:height\" content=\"383\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" class=\"yoast-seo-meta-tag\" \/>\n<meta name=\"author\" content=\"Kevin\" class=\"yoast-seo-meta-tag\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta name=\"twitter:data1\" content=\"Kevin\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta name=\"twitter:data2\" content=\"9 minutes\" class=\"yoast-seo-meta-tag\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/world.edu\\\/whence-danger-left-right\\\/#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/world.edu\\\/whence-danger-left-right\\\/\"},\"author\":{\"name\":\"Kevin\",\"@id\":\"https:\\\/\\\/world.edu\\\/#\\\/schema\\\/person\\\/42c1c1d5ff7ffbdf0bd50ed94c6ae6ee\"},\"headline\":\"From whence the danger? 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