[News] Churchill v. CU - Update
Anti-Imperialist News
news at freedomarchives.org
Wed Jul 8 10:16:32 EDT 2009
July 7, 2009
On April 2, 2009, after hearing evidence for a
month, a Denver jury unanimously found that Ward
Churchill had been fired from the University of
Colorado not because of research misconduct but
in retaliation for speech protected by the First Amendment.
After more than four years of political attacks
on Ward Churchill, a clear statement had been
made: the University of Colorado had violated
the U.S. Constitution when it fired Churchill, a
tenured full professor of American Indian Studies.
The normal remedy in such cases? Reinstatement.
Today, July 7, 2009, Judge Larry Naves of the
Denver District Court threw out the jurys
verdict, adopting the Universitys argument that
the Regents have quasi-judicial immunity from
such lawsuits. In essence, this means that the
Regents and University administrators are free to
continue to violating the Constitution.
In a 42-page opinion lifted wholesale from the
Universitys pleadings, Judge Naves went on to
explain why Ward Churchill should not be given
front pay, back pay, or be reinstated.
All of these are irrelevant, of course, if the
jurys verdict is not upheld. But the fact that
the judge went to such pains to adopt the
Universitys arguments which often directly
contravened the factual record in this case speaks volumes.
This ruling simply confirms what we have observed
so often. When given access to the facts,
regular people on the street can make clear,
reasoned decisions that uphold constitutional
values. It is rare, however, to find persons in
positions of power who will not bow to political pressure.
Attorney David Lane will, of course, appeal this
decision. Ward Churchills reaction? I cant
think of any way to improve upon Steve Earles
line from The Hard Way: There are some who
break and bend. Im the other kind.
Freedom Archives
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