THE WISCONSIN SUPREME COURT STRIKES A BLOW FOR ACADEMIC FREEDOM
INTERNATIONAL COMMUNITY IGNORES GENOCIDE OF CHRISTIANS IN NIGERIA
A FRESH-FACED POLITICAL OUTSIDER TRIES TO TURN HER BLUE CALIFORNIA...
STATEMENT AND PRAYER FOR JUDGE KAVANAUGH
IMMIGRATION CRISIS
THE WISCONSIN SUPREME COURT STRIKES A BLOW FOR ACADEMIC FREEDOM
Give thanks to the Lord for His righteous judgment that prevailed in this case.
And the heavens declare His righteousness, For God Himself is judge. Selah. (Ps 50:6)
āThe Wisconsin Supreme Court sent a powerful message to Americaās elite private universities: If youāre going to promise academic freedom, youād better deliver academic freedom.
In a stinging 63-page ruling, the court held that Marquette University violated its own faculty handbook when it effectively terminated professor John McAdams for writing a blog post criticizing a graduate student instructorās attempts to silence debate about gay rights in her ethics class.
The facts of the case are relatively simple. In late 2014, a student approached Professor McAdams and told him that his instructor, a graduate student named Cheryl Abbate, had ālisted a number of issues on the boardā ā including āgay rightsā ā and then said, āEverybody agrees on this, and there is no need to discuss it.ā
After class, the student approached the instructor and attempted to engage her in a discussion about gay marriage. After an initially appropriate exchange, the instructor shut down the discussion, saying that āyou donāt have a right in this class to make homophobic commentsā and āin this class, homophobic comments, racist comments, will not be tolerated.ā She then āinvited the student to drop the class.ā
The student recorded the encounter and played the recording for McAdams. McAdams wrote up the encounter on his blogā¦.
Marquette responded to this incident by rallying behind Abbate and immediately placing McAdams under investigation. It convened a Faculty Hearing Committee (FHC) that featured a member whoād signed a statement condemning McAdams and then laughably claimed that the statement showed no disqualifying bias. After a four-day proceeding, the FHC recommended that the university suspend McAdams for āno less than one and no more than two full semesters.ā
The president of the university then suspended McAdams without pay and said that his reinstatement would be contingent upon his signing a letter that ā among other things ā acknowledged his blog post āwas reckless and incompatible with the mission and values of Marquette University.ā McAdams refused to sign the letter and thus remained suspendedā¦.
The Wisconsin Supreme Court rejected this reasoning, noting that the university could not āexcuse its breach of the Contract as an exercise of its academic freedom.ā Instead, the analysis was simple: If McAdamsās blog post fit within the scope of protected academic expression, then the university was barred ā by the terms of its own faculty handbook ā from punishing McAdams for itā¦.
And indeed, McAdamsās post plainly constituted an āextramural comment protected by the doctrine of academic freedom.ā Professors have the freedom to make personal comments about political or academic matters without fear of reprisal unless those comments are so egregious that they show the professor is āunfit to serve.ā Any other ruling would have dramatically shrunk the bounds of academic freedom and exposed hosts of professors to discipline for their statements on Twitter, in the media, and on personal blogs.
The Wisconsin courtās ruling is obviously binding only in Wisconsin, but the decision was being closely watched by attorneys and universities across the country. Itās a persuasive precedent that will heighten the risk for any university that attempts to replicate Marquetteās mistakeā¦.
Conservative students and professors have precious little internal leverage, so they are forced to appeal to courts to vindicate their rights. McAdams was represented by the Wisconsin Institute for Law and Liberty in his case. (Full disclosure: Last year I delivered a paid fundraising speech for WILL). Other plaintiffs in other cases have sought help from groups such as my former colleagues at the Alliance Defending Freedom and the Foundation for Individual Rights in Education.ā (Excerpts from David French article on National Review)
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