[News] Ward Churchill and Death of Academic Freedom (part II)
Anti-Imperialist News
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Fri Jul 10 09:59:20 EDT 2009
Ward Churchill and Death of Academic Freedom (part II)
10.07.2009
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Source: <http://english.pravda.ru/>Pravda.Ru
[]
URL: http://english.pravda.ru/opinion/columnists/108039-Ward_Churchill-0
By David R. Hoffman
continued.
Click
<http://english.pravda.ru/opinion/columnists/09-07-2009/108027-Ward_Churchill-0>here
to read Part I.
Recently neo-fascists opposed to Sonia Sotomayor,
Barack Obamas nominee to the United States
Supreme Court, have argued that she doesnt
respect the sanctity of the law and chooses
instead to be guided by her personal beliefs.
But if there is such a thing as sanctity of the
law, why are so many Supreme Court cases decided
by five-four votes split along ideological lines?
Where is this concern when self-loathing Clarence
Thomas uses his experiences at Yale University,
not the law, to dismantle affirmative action
programs, or when Antonin Scalia unethically
hears cases where his political cronies are
litigants. And why was there no impeachment talk
when Thomas, Scalia and others of their ilk
violated judicial ethics by refusing to recuse
themselves in Bush v. Gore, the case that
illegally elevated George W. Bush to the White House during the coup of 2000.
The reality is that Naves, undoubtedly because of
his contempt for Churchills viewpoints, ignored
the law. In doing so, however, he issued one of
the most spurious, and dangerous, decisions in modern legal history.
According to the Associated Press, Naves opined
that granting Churchill any type of judicial
relief would create a perception that the school
[CU] tolerated research misconduct.
But this argument is both disingenuous and
contemptuous of the legal process. Jurors had
already heard the case, deliberated and decided
that the research misconduct allegations were
simply a pretext used by CUs regents to
camouflage the fact that they fired Churchill
because of the opinions he expressed in his
essay. Thanks to the machinations of Naves, these
jurors have belatedly discovered they were simply
part of a show trial in a kangaroo court, and
that their verdict, to paraphrase Shakespeare, signified nothing.
Naves also proffered the ridiculous claim that
reinstating Churchill would make it harder for CU
to recruit and retain teachers. In reality his
judicial idiocy achieves the opposite. Making it
easier to fire professors for dubious or
pretextual reasons will certainly cause a
chilling effect inside the classroom that will
invariably impede the learning process. And this
chilling effect will be even more devastating
outside of the classroom, where scholars have
traditionally been freer to express themselves.
It is frightening to comprehend how many opinions
will now be unsaid, how many essays will now be
unwritten, and how many books will now be
unpublished because of the fear of university
retaliation. And what professors looking for
meaningful careers and the opportunity to
contribute to the DNA of scholarly debate will
want to be shackled by this fear, knowing that
tenure is meaningless, that saying the wrong
thing can result in dismissal and that no legal
recourse is open to them, no matter how unfairly
they are treated? As Churchills attorney
correctly points out, Naves ruling has not only
empowered CU to fire people for exercising their
constitutional rights, but even because of their race or religion.
Still even that wasnt enough. Naves inanity
went even further when he proclaimed that CU
regents were entitled to the same type of
judicial immunity that judges and prosecutors
use to insulate themselves from civil liability
whenever they abuse their power.
So who are the new faces of university
recruitment: Gonzales and Yoo? Has the world of
academia really sunk so low that lying, torture
endorsing, constitution loathing war criminals
are more preferable to have as colleagues than
professors who use distasteful analogies to stress a point?
The answer, unfortunately, is yes. During the
past few years the neo-fascist movement in
America has taken control of the
corporate-controlled media, dumbing down the
nation with reality shows, celebrity gossip,
pseudo-journalism, and an obsessive focus on
sensationalism and superficiality. This, in turn,
has allowed these fascists to steal elections,
infiltrate classrooms, and influence policies in
education. In public school systems across
America, the use of random drug testing, the
censorship of student newspapers, the banning of
books that challenge conventional thought, and
the reduction in the number of courses that
inspire creativity and imaginationlike music,
art, theater and literaturehave all served to
<http://english.pravda.ru/topic/oil_price-522/>fuel
the neo-fascist ideology that indoctrination is more important than education.
Indoctrination is increasingly important to the
military, industrial, and police state complexes
as well as advances in technologysuch as GPS
tracking, cameras at intersections, DNA
databases, spying by satellite, and other such
devicestransform America into the Big Brother
type of regimented nation that George Orwell
feared. The less students know about their
constitutional rights, the more complacent they
will be as these rights are increasingly eroded.
Also, corporate fascism requires a labor pool of
fearful, unquestioning, subservient cogs who
believe that conspicuous consumption is freedom.
Colleges and universities, where some of this
labor will come from, have traditionally been
places where students learned things the public
schools were too reluctant to teach, and where
questioning, analysis, and the willingness to
challenge conventional beliefs were considered
virtues, not vices. But the preferential
treatment given to people like Gonzales and Yoo,
and the intimidation and silencing of professors
like Churchill are rapidly bringing neo-fascist
indoctrination policies into college and university classrooms.
Several years ago televangelist Jerry Falwell
sued a publisher of adult magazines named Larry
Flynt for defamation and intentional infliction
of emotional distress after an unflattering
parody of Falwell appeared in one of Flynts
publications. Although the jury denied Falwells
defamation claim, it awarded him $150,000 for emotional distress.
In the wake of this verdict, Flynt tried to warn
the public, particularly the media, about the
dangerous precedent this verdict had set: If
public figures could run to court and claim their
feelings were hurt whenever they became the
subject of criticism or satire, the right to
freedom of speech would soon be nonexistent. But,
because Flynt was viewed as an undesirable
person, few were willing to listen.
Lets not make the same mistake again. It may be
easy to dislike Ward Churchill for what he wrote.
But whether you agree with Churchill or not, the
frightening reality is that Larry J. Naves and
the regents at CU, in their desperation to
demonstrate their contempt, have destroyed academic freedom as well.
And what takes seconds to destroy often takes decades to rebuild.
David R. Hoffman, Legal Editor of Pravda.Ru
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materials in whole or in part, hyperlink to
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