A "Witch Hunt" at the University of Illinois at Chicago

Academic Freedom Alliance rebukes UIC for its treatment of Professor Jason Kilborn

Nearly a year ago, University of Illinois at Chicago law professor Jason Kilborn came under criticism from students, administrators and colleagues for including a hypothetical on his civil procedure exam involving an individual telling an investigating lawyer that former co-workers "expressed their anger at Plaintiff, calling her a "n____" and "b____" (profane expressions for African Americans and women) and vowed to get rid of her." Once complaints surfaced, Kilborn apologized but the controversy and allegations only grew. Students eventually brought in Jesse Jackson to bolster their demands that Kilborn be fired. Kilborn was suspended and investigated. He eventually reached a settlement with the university that would allow him to return to his teaching duties, but the university has subsequently reneged on that agreement. It continues to single him out for opprobrium, discipline, and reeducation. The chancellor of UIC has now dug in his heels on the matter. Northwestern University law professor Andy Koppelman has written about this case from the beginning and has appropriately decried the university's actions as a "witch hunt."

The Academic Freedom Alliance has released the letter that it sent to law school dean at UIC. From the letter:

For the University of Illinois at Chicago to retaliate against and sanction Professor Kilborn for constitutionally and contractually protected classroom speech would be a grave violation of academic freedom. The Academic Freedom Alliance stands firmly behind Professor Kilborn in this matter, calls on the University of Illinois at Chicago to adhere to its academic freedom principles and to abandon any conditions on his full return to his academic duties, and to publicly and emphatically reaffirm that professors at the university are free to conduct classroom discussions and to draft class exams that engage relevant but controversial language and materials.

Read the whole thing here.

Comments

[rsteinmetz]

I think an actual "witch hunt" would draw all manner of criticism, as wiccans and other practitioners of "the Craft" are obviously oppressed by the patriarchy.

[wreckinball]

He should have just quoted lyrics from a rap song. If hearing or reading the N or B word causes you to melt down maybe you need to grow up. Which is what's supposed to happen in college.

It appears the opposite is happening.

The use of the N or B word is very rare except for those who have an exception who use it profusely which they do. And these same folks screech in horror when they hear it form someone else. This just reinforces the "stupid" stereotype. Stereotypes only exist because they have some basis in reality.

[Queen Amalthea]

Witch hunt is such an absurdly hyperbolic and lazily used term. A person should read how, say, accused 'witches' in Salem were treated during their investigations and punishments before using such uncommonly silly language.

[TwelveInchPianist]

Metaphors, how do they work?

[Queen Amalthea]

They work better when not hyperbolic (unless the 'work' you want them to do is rile up the passions, which, of course is the goal here).

[TwelveInchPianist]

Well, it's a common metaphor in this context.

If you feel that strongly, perhaps you should send a nasty letter to the estate of Arthur Miller.

[Queen Amalthea]

"it's a common metaphor in this context"

Lots of common things are stupid.

[TwelveInchPianist]

Sorry you didn't like the play.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

.... Mrs. Lincoln.

[Union of Concerned Socks]

Racist!

[Roman Moroni]

I kind of felt that it was an odd use of the metaphor as well, at least the way I understand it. The specificity of a witch hunt is the fact that witches didn't actually exist. People were being tormented and punished for something that wasn't even happening.

I can see it used as a metaphor during the red scare, if you are of the opinion that American commie agents were not in fact everywhere, infiltrating and subverting our institutions at a scale that threatened our entire way of life. Using that imagined or exaggerated threat as pretense to persecute a bunch people would probably fall under the witch hunt umbrella for me.

But if I think, for example, that there's absolutely nothing morally wrong with prostitution, I wouldn't call it a witch hunt if an actual prostitute was being persecuted for being a prostitute. I would think it was unjust and an implementation of bad policy, but I'd choose a different metaphor if I thought I needed one.

In this case the teacher did in fact do exactly what he is being persecuted for. If we think it's a horrible policy to persecute someone for a particular action that he did, maybe that kind of thing deserves a different metaphor.

Or have I always misinterpreted the witch hunt thing?

[Pavel Petrovich]

Little pissant academics crying over bad words, like no wonder U.S. courts are such a circus, look at the clowns teaching the idiots. There is a jew involved in destroying the professor, the N word being cause for lynching whitey.

A jew's game.

[wreckinball]

Well I don't think it's a Jew's game but it is a game played by thin skinned race baiters.

If you're 18-22 years old and reading or hearing the N/B word is that traumatic see a shrink.

But it's all made up. It's ridiculous.

[Queen Amalthea]

I think white obtuseness is far more of a thing than white privilege.

[TwelveInchPianist]

"If you're 18-22 years old and reading or hearing the N/B word is that traumatic see a shrink..."

And no one is this scenario read or heard the N/B word.

They read "n____" and "b____".

[IPLawyer]

Tell us what you do think is a Jew's game, please!

[KenveeB]

Honestly, every student who complained about this needs to have a note added to their file for the Bar's character & fitness review. Anyone who can't handle a hypothetical about a person suing after being called slurs is not going to be able to handle an actual real case where that happened and they're going to have to repeatedly hear and likely quote the slurs used. It's absurd. I am personally morally very opposed to murder. I still expected and could handle all sorts of cases in my crim law classes talking about murder, and I handle cases today as a prosecutor dealing with murder. That's part of being a lawyer. You're not dealing with sunshine and roses. You're dealing with the bad aspects of humanity. That's WHY someone's suing or prosecuting.

[Krayt]

If you cannot handle your job, or education for it, without hearing valid topics and collapsing like an antebellum belle with a case of the vapors...

[Cal Cetín]

"He eventually reached a settlement with the university that would allow him to return to his teaching duties, but the university has subsequently reneged on that agreement."

If that's true, then wouldn't the university be in some kind of trouble for violating a contract?

I said *if* it's true - but if it is, it sounds like an open and shut case.

But in general, what an employee says on the clock while doing the duties of his job ought to be a matter for his employer to determine.

In the academic context, the employer/university might think it's in their interest to give their employees (professors) a wide discretion, and if they promise this to their employees it's unfair (and possibly illegal depending on the situation) to pull the rug out suddenly and say "no, we've decided we gave you too much discretion and we're going to punish you for relying on our assurances!"