Schools Should Think Twice Before Punishing Faculty for Their Speech. A North Carolina institution may soon learn a valuable lesson.

James G. Martin Center for Academic Renewal ^ | January 23, 2023 | George Leef

[karpov]

Public educational institutions are constitutionally forbidden to retaliate against faculty members because of their speech. A professor can’t be fired, demoted, or otherwise penalized just because he or she has said something that bothers administrators.

There have been numerous cases fought on that issue, and freedom of speech always comes out on top. One might think that school officials would learn from that, but they seem strangely obtuse about the legal ramifications whenever they want to go after someone who has gotten their goat.

Two such cases have recently been resolved, and a new one has just arisen here in North Carolina.

A case that began in 2014 involved Auburn University economics professor Michael Stern. Stern criticized the Auburn administration for the way it coddled star athletes, especially by creating easy majors that would help keep their grades up. The Auburn administration took umbrage at Stern’s attacks on the university’s lack of academic integrity. He didn’t just get a tongue-lashing, however—he was demoted from his departmental chairmanship and harassed by Auburn officials. (More details can be found in this Martin Center article.)

Stern sued over his treatment.

His case ended in November when the jury awarded him $645,837 in damages. As we read here, the jury concluded that “Stern’s statements about the alleged clustering of student athletes in the Public Administration major were a motivating factor in Dr. Airstrup’s decision to remove Dr. Stern as chair of the department of economics.” It also concluded that Airstrup acted “with malice or reckless indifference to Stern’s federally protected rights.”

Commenting here on the outcome of the case, law professor Jonathan Turley called the verdict “a substantial victory for free speech.” He also emphasized that the jury sent Auburn a strong message with its award of $500,000 in punitive damages.

[Mr. Jeeves]

One might think that school officials would learn from that, but they seem strangely obtuse about the legal ramifications whenever they want to go after someone who has gotten their goat.

They are not obtuse - they are terrified of their Red Guard.

[packagingguy]

I knew someone who tutored an Auburn football player, I won’t say who, but he did not graduate. He left and played in the NFL.

The woman who tutored him said he couldn’t read.

The professor is right, this goes on in a lot of schools.

[Ge0ffrey]

It seems too little and too late. The left has already purged the universities of conservatives. What we’re watching and awaiting now is the collapse of “higher” education.

[GingisK]

In Georgia, a teacher can have his certificate pulled for any reason whatsoever by the principle of the school. There is a kangaroo court at the county level where appeals can be heard.

Ever wonder why teachers do as they are told?

[Albion Wilde]

Universities will keep on doing it as long as they can, which may be ad infinitum, especially since they are the source, producers and promulgators of wokeness to begin with.

I'm thinking of the seven-year battle popular criminal justice professor and Townhall columnist Mike Adams fought with the UNC–Wilmington after he was denied tenure for having become a born-again conservative and Christian. Ultimately, he won tenure, back pay and punitive damages; yet days later the woke student mob came for him again. Adams shot himself.