- “Victory for ‘Caveman’ Blogger in Free Speech Fight – the right to give advice about what to eat” [Institute for Justice, earlier]
- “Is an academic discussion of free speech potentially traumatic?” Given campus trends, it might soon be [Wendy Kaminer]
- Logic of rejecting heckler’s veto points likewise to rejecting its savage cousin, terrorists’ veto [Ronald Collins]
- Someone tried to yank a Minnesota urbanist’s engineering license because of things he wrote on his blog. It didn’t work [Strong Towns; compare first roundup item]
- Departing NPR ombudsman would take free speech law back to ’50s, and that means 1850s not 1950s [Volokh, earlier]
- The last time I saw Paris, it was making a fool of itself in litigation [Mediaite, Huffington Post, earlier on city’s threats to sue Fox]
- Argentina: state uses control over soccer broadcasts to beam propaganda denouncing opposition [David Kopel] “Dissenting voices silenced in Pakistan’s war of the web” [Jon Boone, Guardian]
- “Teacher keeps job despite ‘unsatisfactory’ rating 6 years in a row” [New York Post; and one reaction that speaks volumes about attitudes at Media Matters for America]
- Cathy Young interviewed the accused (cleared by university and police) in Columbia “mattress” case and reports on the message traffic between him and accuser [The Daily Beast; Daniel Garisto, Columbia Daily Spectator (“we, the members of the campus media, failed specifically with Sulkowicz’s story by not being thorough and impartial” in part because of social pressure against pro-due-process viewpoints)]
- Redouble whippings till morale improves: Obama seeks big hike in Department of Education Office for Civil Rights (OCR) budget [Robby Soave, Chronicle of Higher Education, Hans Bader] Theory assigns big role to OCR: “the resurgence of P.C. has actually been orchestrated from the top down.” [Jason Willick, Stanford Political Journal]
- Faculties have resigned governance questions to “University Life” bureaus, which often place less value on academic freedom [Todd Zywicki, Pope Center] “Graduate school eliminates use of titles like ‘Mr.’ and ‘Ms.’ in salutations and correspondence” [Alexandra Zimmern, The College Fix on CUNY Graduate Center]
- NLRB ropes religious institutions’ faculty into federal labor law regime [Joseph Knippenberg, Law and Liberty, parts one, two]
- “Students of ‘predatory’ school to get loan forgiveness” [Miami Herald, Everest U.]
- When researchers interview jihadis, should they get a “project funded by the U.S. Department of Defense” disclaimer/warning under human-subjects-protection rules? [IRB Blog]
- Illinois school district warns parents that in doing investigations under new cyber-bullying law it may require students to hand over their Facebook passwords [Vice Motherboard; earlier on “cyber-bullying”]
- Powerful, from Christina Hoff Sommers: how a shoddy NPR / Center for Public Integrity campus-rape study fueled legal fury of Department of Education’s Civil Rights Division [The Daily Beast; more, Bader] Nancy Gertner, retired federal judge and prominent progressive voice, on due process for college accused [American Prospect] Questions for New York Sen. Kirsten Gillibrand [KC Johnson, Minding the Campus]
- Smith College: “the word crazy was censored from the transcript, replaced with the term ‘ableist slur.'” [Kevin Cullen, Boston Globe]
- “Community College Courtesy of the Federal Taxpayer? No Thanks” [Neal McCluskey, Arnold Kling]
- “Families Of Two Newtown Victims Sue Town And School Board” [CBS Connecticut via Skenazy; recently on suits against gun businesses]
- More coverage of open records requests as way to go after ideologically disliked professors [Inside Higher Ed, our take last month]
- Washington Post piece went viral, but it’s dead wrong: “No, A Majority of US Public School Students are Not In Poverty” [Alex Tabarrok] Look, a not-yet-published paper that claims to confirm something many of us want dearly to believe about school finance. But will it have the staying power of Prof. Hanushek’s? [WaPo “WonkBlog”]
Both Oklahoma State University and New Mexico State University use a version of “Pistol Pete” as a mascot. OSU found that although NMSU had agreed to use a variant, some items sold in connection with its school continued to use the version infringing on OSU’s. Suit was filed, but rather than expensively shooting it out in court, the two have now agreed to let a token fee cover a small leeway for infringement, and leave it at that. [Trademarkologist]
The doctor legally couldn’t tell him his son was in drug trouble. Nor could the college. Maybe time to rethink federal privacy laws? [Tony Christ, DelmarvaNow]
That’s National Public Radio, summarizing a new report from the federal Bureau of Justice Statistics that tells a very different story from the “1 in 5″ campus sexual assault slogan heard from the White House on down. Earlier here, etc.
P.S. Cato has now posted my Commentary article from last year on federal pressure for universities to reduce the procedural rights of accused students and faculty.
Should we cheer or boo when outspoken professors at state universities become the target of public records demands filed by antagonists seeking their emails and correspondence? As we had occasion to note during the Douglas Laycock controversy in May and June, there’s plenty of inconsistency on this question on both left and right. Some who cheer FOIA requests when aimed at scholars supportive of the environmental and labor movements, for example, later deplore them as harassment when the tables are turned, and vice versa.
If there’s any group you might expect to take a consistent position on these questions, it’s the American Association of University Professors (AAUP), its members being prospective targets of such requests and thus at the very center of the issue. So what’s their opinion?
In 2011, when politically liberal University of Wisconsin historian William Cronon was the target of a FOIA request by state Republicans, AAUP sent a strongly worded letter on its letterhead denouncing the move as a threat to academic freedom. The group likewise came to the defense of environmentalists targeted by conservatives.
This spring, an AAUP document on “Academic Freedom and Electronic Communications” (see pp. 12-14) was moderately critical of FOIA requests targeting University of Texas sociologist Mark Regnerus and his journal editor over a much-criticized study providing social conservatives with ammunition against changes in family law favorable toward gays. Since no one suspects the AAUP’s leadership of sympathy with the content of Regnerus’s work, this suggested that the skepticism toward FOIA might be founded on principle.
Not long afterward, however, when prominent (and politically unclassifiable) University of Virginia law professor Doug Laycock came under FOIA attack from gay rights activists who disapproved of his courtroom work on religious liberties, the AAUP was quoted in the press talking in a more vague and reticent way of “balance” and saying it weighs in on particular controversies rather than taking general stands.
Now turn to the University of Kansas, where Art Hall, executive director of the Center for Applied Economics at Kansas University’s business school is under FOIA attack, accused of being too close to the free-market economics favored by donors from the Koch family of Wichita (who have also given much support over the years to the Cato Institute, which publishes this site). So what do you know? The state AAUP chapter is actually leading the charge against Hall, its members have raised funds to support the public records demand, and its state president vocally insists that there’s no danger whatsoever to academic freedom in allowing, as a group once put it, “fleeting, often casual e-mail exchanges among scholars to be opened to inspection by groups bent on political attack.”
You might start to wonder whether the AAUP is going to hold to any consistent position at all beyond the convenience of the moment. (& George Leef, Phi Beta Cons; reprinted at Minding the Campus) Update: Judge halts process to review proposed email release [Will Creeley, FIRE]
- National Education Association has spent estimated $35 million on politics this year [Jason Hart, Watchdog]
- Not everyone in academia admires the federal law entitling tenured professors to stay on “until they’re carried out of the classroom on a gurney” [Laurie Fendrich, Chronicle of Higher Ed; my earlier]
- Montgomery County, Md.: “The School Religious Holidays Problem is Really a Public Schooling Problem” [Neal McCluskey]
- “Concussion Lawsuits Hit High School Level” [AP; Cook County, Ill.]
- Reminder: much-quoted “one in five college women is raped” statistic is not real [Christina Sommers, Time; the Washington Post’s contribution (not to forget this); and a very important new piece by Emily Yoffe in Slate]
- Ousting bad cops, ousting bad teachers: parallel obstacles [RiShawn Biddle, Dropout Nation]
- George Leef on federal pressures behind Minneapolis school-discipline initiative [Forbes, earlier here and here]
- DoJ “feigning concern about access for disabled children” in suit challenging Wisconsin school choice [George Will]
- UCLA admins grovel, humiliate veteran profs over charges of “microaggression” [Heather Mac Donald, City Journal] Meanwhile, this piece on overuse of disability card/trigger warnings in academic settings has already gotten labeled #AbleistAbuse so read at own risk [June Thunderstorm, The Baffler]
- Toughened D.C. truancy laws “flooding schools with paperwork and pushing tardy students into the criminal justice system” [WP]
- Polite opinion beginning to turn in favor of procedural protections for accused in campus sex cases? [Ruth Marcus, Washington Post] Richard Painter: accused minorities may be at disadvantage under new house rules [Legal Ethics Forum]
- Schoolboy hurts himself opening emergency exit at back of bus, lawsuit follows [NY Daily News]
- Union fines Nassau Community College adjuncts for not “supporting” strike, including one who was on leave at time [Newsday] P.S. Union situation over at Rockland Community College has its own problems;
- Before registering for classes, students at some universities must submit to Title IX training with wildly intrusive personal questions [Susan Fruth, FIRE]
- Summary of Eric Hanushek’s expert report in Texas school finance case [Texas Public Policy Foundation]
- “Feds Punish Princeton For Liking Due Process Too Much” [Robby Soave, Reason; earlier]
- Despite outcome in California superintendent race, last week a major defeat for teachers’ union politics [RiShawn Biddle] UFT has outlasted school reform efforts in New York City, bad news for kids and parents there [Daniel DiSalvo]
- Global look at perceptions of risk and shrinking play opportunities for children [Blair Barrows, Common Good]
- Feds another step closer to clamping Title IX goals-and-quotas on collegiate club and intramural sports [American Sports Council]
- Link roundup: commenters who expressed doubts about this summer’s Vergara v. California decision on grounds other than actually liking the system of teacher tenure [Andrew Coulson, Orin Kerr, Will Baude, Larry Sand/City Journal, Eric Posner, Daniel Fisher, Richard Epstein]
- More cases spur criticism of zero-tolerance knife policies [WJBK, The Truth About Knives (Atiya Haynes, Dearborn Heights, Mich.); WOIO (Da’von Shaw, Bedford, Ohio]
- University of Oregon student government leader seeks to shut down critical blogs for being mean [Popehat]