The Volokh Conspiracy
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Against Political Statements by Academic Departments
Universities should not be in the political activism business
The University of California system is debating whether to allow academic departments to issue political statements. Barnard College is currently in the midst of a campus controversy over college officials removing a political statement from a department's website.
Should departments be issuing such statements, and who should be understood to control the content of a departmental website or social media account? In an essay in the Chronicle of Higher Education, I argue that such political statements have no place in academia. They invite a further erosion of public support for higher education, and they threaten the foundations of individual academic freedom.
Here's a taste:
Another set of concerns involves the direct pressure put on individual scholars by the proliferation of institutional political statements. Individual members of the faculty are free to engage in individual political expression or to associate with others to express themselves collectively, and universities should be diligent in protecting the freedom of individual professors to do so. But individual members of the faculty also have the freedom to remain silent on matters of controversy and to choose their own time and manner of expressing their political views. They should not, as a condition of employment at a university, be dragooned into the political activities of others. Departmental statements make that impossible. Dissenting individuals are forced either to hold their tongue and allow statements to be issued in their name or to wade into a political controversy when they would prefer not to do so. Faculty members can always speak in their own name. That is an exercise of free expression. To attempt to speak in the name of others is rather an infringement on free expression.
For departments qua departments to issue political statements is to assert that those sentiments are not just personal, but professional. As such, they may also become professionally relevant to evaluation of current and future members of the faculty. It is an important protection of the academic freedom of individuals that institutions not take the personal political views and activities of professors into account when making decisions regarding hiring and promotion. It is possible to construct a firewall protecting professors from being punished for their political opinions by distinguishing such personal activities from professional activities. If, however, a department as such has specific political views, then the political views of prospective members of the faculty are suddenly professionally relevant and cannot be regarded as off-limits. Junior faculty would justly worry that their professional future will be damaged if they do not go along with the political activities of their senior colleagues. Dissenting members of the faculty will justly believe that they are made outsiders to their own department as a consequence of their political beliefs.
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And yet some will wonder why more colleges, and more people generally, didn't speak out about the horrors of slavery, or Nazism; surely such unspeakable evils deserve more political speech, not less?
Until you bring up Marxism, then it's "Oh, they're not really socialists, they're not really Marxists. Not really bad, like those evil Trump Nazis."
Just as with everything else, the proper counter is a free market. Let parents and students decide if they want to spend their own money at a politicized college. Get the government out of funding colleges and students, make it a personal decision again, and colleges will soon find out how useful political statements are.
People -- not departments.
Everything comes down to people. Department policies are presumably the product of the department head, or some meeting by department people.
It’s not really bold and courageous to denounce slavery, unless the slavery is being practiced today by some powerful country, but fortunately that isn’t happening.
Meh . . . non-issue.
Govt. entities are authorized and make political statements all the time, e.g., any US State Dept. statement, Texas's Anti-Boycott of Israel Law, etc., and this is no different.
Says you. Yet you provide example of why departments issuing political statements is an issue.
Elected officials are doing what they were elected to do.
The head of the basketweaving department at Squeezer U, not so much.
What was that about free speech again?
Just because you can say something doesn't mean you should.
Besides, a department is not a person. And application of labor law is entirely appropriate
Departments are represented by people who make the actual decisions.
I'm a person. My boss is a person. If I go online tomorrow and say some bad things about my employer and my boss in particular, there is no guarantee I won't be fired for it. Also, that isn't a violation of the first amendment.
The usual argument applies: you have a right to free speech. You DON'T have a right to be free of consequences from them.
What makes college departments exempt from the rules that the rest of us have to live with?
But you were talking about persons.
Good question. I've been told that if I don't agree with my employer's political views that I'm free to find a job elsewhere. Why are Colleges and Universities held to a different standard?
What do you have against standard English?
So what, the Department is not a person and is subject to US labor laws.
IT'S ABOUT TIME!!!!
There is so much to dislike about these faculty statements. As the post explains, they put dissenting department members, or those who simply don't want to speak out, in the uncomfortable position of having to choose between airing their own views or being thought to acquiesce in departmental statements.
The statements almost never offer anything profound or insightful, much less something drawing on the expertise of the department members. Barnard's statement is a good example of the lazy progressive talking points that virtually always dominate: “[a]s decolonial feminist scholars and educators, we encourage our students to learn about the larger historical context of US-backed and financed Israeli attacks on Gaza . . .” The statement continues with all the usual box checking, "occupation"; "apartheid"; "ethnic cleansing"; and so on.
The statements are basically a trespass on university property - the authors are using an institutional forum for their personal benefit. It is the equivalent of a faculty member using a department website to sell a piece of furniture, and about as likely to contribute anything of value to the public discourse.
And as Prof. Volokh has pointed out, they create pressure on the department/university to speak out on every issue. ("How can you issue a statement about Gaza but not about _____? Obviously you must support ____, or you'd have done so.")
What's more, the statements are utterly pointless. There is literally not a single person on the planet who cares what "decolonial feminist scholars and educators" (or even the Department of Women’s, Gender and Sexuality Studies at Barnard College as a whole) have to say about the Israel-Hamas war. Writing graffiti on the bathroom stall would have as much of an impact on world events.
But obviously you support the statements, right Nieporent? We don't rank the content of expressions. We just maximally defend the worst of them, because those are the ones most in need of protection.
I would oppose any attempt to criminalize such statements.
If a Department published a statement that the Department should not be expected to publish political statements...
Does that count as publishing a political statement?
What about the Department publishing a statement about how the Department expects politicians to treat the Department?
Disaffected Culture War Casualties Resent Strong, Mainstream Institutions (But Don't Talk Much About Clingerverse Schools), Vol. 47.
This seems to me to be yet another special pleading for conservative views. For all the angry argle bargle about overly “political” statements, the author doesn’t seem to contemplate that saying nothing and implicitly endorsing the idea that all viewpoints are valid is itself a substantive political position. Say Gov. Puddin’ Fingers ascends to the presidency and vows to eliminate all federal funding for higher education. Faculty can’t issue a statement about that? Cmon.
It is not enough that Princeton employs Whittington and gave him tenure— now also they need to avoid any faculty statements that he might disagree with because it violates his free speech rights? Give me a break.
“Dissenting individuals are forced either to hold their tongue and allow statements to be issued in their name or to wade into a political controversy when they would prefer not to do so.”
Oh really? I can think of a third option. I believe Mitt Romney said it best— you can always “self-deport” if these statements offend you so. Of course that would involve giving up your tenured position— a non-starter, I’m sure.
It’s short-sighted to cast this only in terms of conservative vs progressive/liberal. Progressives disagree all the time, as do conservatives. What if a progressive in that department disagrees? What if she’s tenure track and her disagreement derails that? What if she agrees but she has a family who doesn’t and she’d rather stay quiet about it, and is now associated with a departmental statement as a member of that department? Refraining from departmental statements protects all the academics of a department, despite their political leanings.
To me it’s the same as those who want a “Christian” US. Which Christianity? What happens when theocrats begin to argue? We know what happens, which is why we have the first. amendment. It should be no different in the academy: a commitment to freedom of speech that protects individuals from tyranny.
“It’s short-sighted to cast this only in terms of conservative vs progressive/liberal.”
Oh I don’t view it that way either, except to note that it mysteriously always seems to be conservatives whining this particular whine. See for example the piece from the Yale guy the other day.
“What if she’s tenure track and her disagreement derails that?”
Nobody is talking about adverse employment outcomes because of speech. I concede that is a different scenario.
“What if she agrees but she has a family who doesn’t and she’d rather stay quiet about it, and is now associated with a departmental statement as a member of that department?”
Then she should talk to her family about it? This parade of horribles really doesn’t seem too horrible, frankly.
And let me just add here— the brain-dead misogynistic snark above aside— I do think academia writ large is a voice that is essential to healthy public discourse. Unless you’re part of the windmills-kill-whales crowd, that would seem to me to be self evident.
“My political views are out of step with my colleagues therefore they shouldn’t be able express political views collectively” is a really strange conception of free speech. Kinda has a sovereign citizen flavor to it, honestly.
If you honestly believe that it "always seems to be conservatives whining this particular whine" then you must have some remarkably effective blinders on. These concerns (which are not whining) have occurred and are still occurring across the political spectrum.
Note that this is inherently a concern for the local minority. Given the current overwhelming dominance of academia by liberals, the conservative response within that same small domain is entirely expected and is not evidence of a universal trait.
“These concerns (which are not whining)”
Yes. Yes they are. “Oh noes— someone might think my personal views are 100% reflected by faculty statements!” Cry. Me. A. River.
As OP points out, you can just post your own statement on your social media of choice. If this isn’t whining, nothing is.
As for your assertion it’s not mostly conservatives making these complaints— whatever. Even if you’re right (and you’re not) it doesn’t detract from what I am saying.
So, blinders firmly in place and no intention to take them off. Got it. I will do my best to ignore your partisan trolling from now on.
How is anything I wrote trolling? Agree to disagree on the partisan breakdown of this particular brand of whining— it’s not essential to my point as I stated repeatedly. Let me guess— you have nothing substantive to add!
You figure the noteworthy issue with respect to advocacy of a "Christian" America is "which flavor of superstition should get to call the shots?"
We love tenure! Until we don't.
We hate mandatory political statements! Until we love them.
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Is there anything else to this blog these days (other than the bigotry)?
And maybe we should encourage every department to take a stand on GamerGate, the divinity of Jesus Christ, the doctrine of salvation by faith alone and the moral status of rape fantasies. I'm sure that wouldn't cause any unnecessary distractions.
When a school hires faculty to teach and research physics, they are granting them a franchise to do exactly that and paying them to their efforts in that domain. They are no authorizing them to use the school's facilities, e.g., an official website, and certainly not the school's name to publish position statements reflecting their personal political views.
The faculty members are free to independent of the school announce and advertise their opinions so long as they don't imply that there is any school endorsement of those views.