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Conservative critics need not apply
Tenure protects--but not absolutely. SUNY Fredonia philosophy professor Stephen Kershnar found that out recently when he applied for promotion to full professor--and was turned down because, in the words of Fredonia president Dennis Hefner, he had made "deliberate and repeated misrepresentations of campus policies and procedure ... to the media" that "impugned the reputation of SUNY Fredonia."
Kershnar's crime? He was critical of affirmative action, he questioned academic attitudes toward conservatives, and he spoke out against a campus policy designed to root out and punish students who fail to report others' violations of the student conduct code. Kershnar expressed his views in a local newspaper column, an activity that, while wholly protected by both the First Amendment and by the AAUP's statements about academic freedom, earned him personal reprimands from Hefner, who once sent him an email informing him, "You need to start acting like a responsible member of this campus community."
Criticism is not misrepresentation, but Fredonia administrators have blurred the difference between the two in order to paint Kershnar--a critic whose opinions are protected expression--as a liar whose expressions are not protected at all.
FIRE has taken up Kershnar's case, which involves, among other things, an attempt by the university to compel Kershnar to submit all written work regarding the university to a committee for unanimous approval before publishing it. It's an outrageous and clearcut case, and it's one that should interest the AAUP. So far, though, only silence from that quarter....
UPDATE: More at InsideHigherEd.com.
Posted by acta online on July 26, 2006 at July 26, 2006 03:32 AM
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Comments
I'm a little confused here by the implication that the AAUP is ignoring a case that just became news this week. Do you have evidence that someone complained to them and they're sitting on things? Just this morning, I received a note about the CHE article on the AAUP general discussion list. I'm all in favor of AAUP's being aggressive, but this is a bit silly.
Posted by: Sherman Dorn at July 26, 2006 10:13 AM
Sherman,
FIRE went public with a press release Monday. Since then, the case has been mentioned on blogs, the Democracy Project blog has come out in defense of Kershnar, and the case has also been covered at both InsideHigherEd.com and the Chronicle of Higher Education. Yes, this is a fresh case--but it did not break today and other organizations and individuals with less formal commitment to issues of academic freedom have found the time and the inclination to take it up. This blog will, of course, gladly report on any statement the AAUP does make on this case--the AAUP's voice is an important one to hear on this issue, which is why it should also be one of the first ones to be heard.
Posted by: Erin O'Connor at July 26, 2006 11:33 AM
Yes, tenure does protect. He may not have gotten promoted, and that's no small thing. But he keeps his current title and job, and lives to fight. Without tenure, he'd probably be a dead duck at this place. And most other places, too. Certainly, in most jobs, you aren't able to criticize the fundamental policies and get away with it. That's one of the things tenure is for.
Posted by: Michael Kellman at July 28, 2006 03:23 PM