[News] Colorado Supreme Court to hear Ward Churchill case
Anti-Imperialist News
news at freedomarchives.org
Tue May 31 15:17:28 EDT 2011
Colorado Supreme Court to hear Ward Churchill case
CATHERINE TSAI, Associated Press
Updated 02:26 p.m., Tuesday, May 31, 2011
DENVER (AP) The Colorado
<http://www.timesunion.com/?controllerName=search&action=search&channel=news&search=1&inlineLink=1&query=%22Supreme+Court%22>Supreme
Court agreed Tuesday to hear an appeal from
former
<http://www.timesunion.com/?controllerName=search&action=search&channel=news&search=1&inlineLink=1&query=%22University+of+Colorado+professor+Ward+Churchill%22>University
of Colorado professor Ward Churchill, who is
trying to get his job back after he was fired in
2007 following a public outcry over an essay in
which he compared some Sept. 11 victims to a Nazi.
The court said it will consider whether it's a
violation of the First Amendment for a public
university's investigation into a tenured
professor's work to result in termination. The
court also will consider whether the university's
regents are entitled to immunity from the
lawsuit, and if Churchill can get his job back.
University officials determined his comments were
protected by the First Amendment, but they
launched an investigation into separate
allegations that Churchill falsified research and
plagiarized in other works. He was fired on
research misconduct allegations in 2007.
"Every judge who has heard this case has found
the university acted appropriately in terminating
Mr. Churchill," university spokesman
<http://www.timesunion.com/?controllerName=search&action=search&channel=news&search=1&inlineLink=1&query=%22Ken+McConnellogue%22>Ken
McConnellogue said. "We believe the Colorado Supreme Court will do the same."
Churchill's attorney,
<http://www.timesunion.com/?controllerName=search&action=search&channel=news&search=1&inlineLink=1&query=%22David+Lane%22>David
Lane, said the court's decision to hear the
appeal is extremely important for the principles
of academic freedom and tenure.
"If the lower court opinions stand, when a
tenured professor is fired in retaliation for
free speech, in violation of the First Amendment,
a professor has no remedy," Lane said.
Churchill, a former tenured professor of ethnic
studies, touched off a firestorm with his essay,
which included a description of some victims of
the Sept. 11, 2001, terrorist attacks as "little
Eichmanns."
<http://www.timesunion.com/?controllerName=search&action=search&channel=news&search=1&inlineLink=1&query=%22Adolf+Eichmann%22>Adolf
Eichmann was the Nazi leader who helped orchestrate the Holocaust.
A jury in 2009 found the school unlawfully fired
Churchill but awarded him only $1 in damages.
However, a Denver District judge set aside the
verdict and said university regents, who are
elected, are a "quasi-judicial" panel with immunity from the lawsuit.
The
<http://www.timesunion.com/?controllerName=search&action=search&channel=news&search=1&inlineLink=1&query=%22Colorado+Court+of+Appeals%22>Colorado
Court of Appeals upheld the ruling, but Lane disagreed.
"The regents violated his First Amendment rights.
They should not be given immunity for that," Lane
said. "When you launch a bogus investigation
against someone because you don't like their free
speech, you should be on the hook for that."
Churchill has been speaking around the country
and writing but wants to work at the university again, Lane said.
Read more:
<http://www.timesunion.com/news/article/Colorado-Supreme-Court-to-hear-Ward-Churchill-case-1403012.php#ixzz1NxXEBWxl>http://www.timesunion.com/news/article/Colorado-Supreme-Court-to-hear-Ward-Churchill-case-1403012.php#ixzz1NxXEBWxl
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