My my my. Seems the old hometown U has gotten itself in quite the kerflaffle.
To be honest, I find the fact that the library dean was placed on administrative leave slightly surprising under the circumstances, but not otherwise worthy of notice; he doesn't sound like the most prudent of individuals. The notable part is this:
[controversial professor Richard Berthold] is currently under investigation by the university for saying "Anyone who can blow up the Pentagon has my vote," on Sept. 11 when terrorists attacked the Pentagon and World Trade Center.
Why would you investigate someone for that? However reprehensible the statement may be, he certainly has the right to say it; he even has the right to say it in front of the class -- I dare say it would be part of the educational experience, if not a particularly desired one (but then, nobody said education is only that which you would want). Moreover, as a state employee, he has near-absolute protection in his right to say it; that part of the Bill of Rights does apply to the states -- however unwise the statement may be, it certainly isn't treason, and the lawsuit will, I hope, be dismissed with prejudice. (Anyone notice that legislators across the country are remarkably unlettered in the law? Does that bother anyone? I'm not saying that legislators should only be lawyers, but shouldn't they at least have a clue?) In any event, the university concedes that the statement is protected speech; almost by definition, protected speech by a state employee cannot constitute professional misconduct. Any action taken by the university against the professor would almost certainly be actionable.
The university president said, "We are, of course, mindful of the First Amendment protection of freedom of speech . . . and the faculty's guidelines for professional conduct in the classroom." Well ... no, they aren't, actually, or none of this would be happening. There can't be any possible circumstance in which faculty guidelines would constitutionally reach what Berthold said in that class; any such guideline would be unconstitutional on its face.
At this rate, I dare say that New Mexico will be joining New Mexico Highlands University on the AAUP list of institutions under investigation, and will be joining a great many institutions on the AAUP censure list -- or, to be more accurate, I expect that list to grow by a great many institutions as war hysteria seizes university administrations and they clamp down on what they consider appropriate for their faculty to say. (To be sure, it's uncertain what effect that would have in the current economy. In a more robust season, it would make it harder to hire; professors understandably prefer to teach somewhere they feel that the administration is less likely to act against them. These days ... won't be long before faculty are grateful to have any job anywhere, even if the AAUP says, "These people are vile scumvermin! We pronounce them under AAUP Interdict! they are considered outcast!" ... which is pretty much what they say about Catholic U, actually, if just a shade more politely; in fact, most of the longtime enduring censures are against parochial institutions, which shouldn't come as any sort of surprise.)
Copyright © 2001, Iain Jackson, after-words.org
[Archives: 2001 and after]
Archives before February 5, 2001
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12/19/2001: vive la france
12/19/2001: princess, redux
12/19/2001: yemen and rumsfeld
12/18/2001: you're NOT in the army now
12/18/2001: interesting donation
12/18/2001: shame on winn dixie, indeed
12/18/2001: saudi princess
12/17/2001: new resolve
12/17/2001: a victim of the attack ... yeah, right
12/17/2001: polluters ho!