Comments on: The Exclusionary Rule; Ward Churchill http://www.rasmusen.org/x/2005/03/02/the-exclusionary-rule-ward-churchill/ Thu, 08 Jan 2009 19:19:32 +0000 http://wordpress.org/?v=2.2.2 By: John Bruce http://www.rasmusen.org/x/2005/03/02/the-exclusionary-rule-ward-churchill/#comment-212 John Bruce Wed, 31 Dec 1969 16:00:00 +0000 http://www.rasmusen.org/x/2005/03/02/the-exclusionary-rule-ward-churchill/#comment-212 The hearing CU is likely to hold over Churchill isn't really a legal hearing. It will be an administrative hearing under the guidelines primarily of the American Association of University Professors 1940 Statement on Academic Freedom and Tenure, paragraph c, which covers extramural speech by professors. That professional canon says it must be accurate and restrained. Various comments on the paragraph say that an institution may hold an investigation of a professor for such speech, but it must be held in the context of his entire scholarly performance (1970 comment). CU President Elizabeth Hoffman appears to have been telegraphing what will happen -- they are likely to find his speech was excessive, given the standards of recent discipline and firings, and also his scholarship is bad. So plagiarism (minor as far as I've heard) but also inaccurate use of footnotes and copyright theft will also be considered in such a hearing. The hearing CU is likely to hold over Churchill isn’t really a legal hearing. It will be an administrative hearing under the guidelines primarily of the American Association of University Professors 1940 Statement on Academic Freedom and Tenure, paragraph c, which covers extramural speech by professors. That professional canon says it must be accurate and restrained. Various comments on the paragraph say that an institution may hold an investigation of a professor for such speech, but it must be held in the context of his entire scholarly performance (1970 comment). CU President Elizabeth Hoffman appears to have been telegraphing what will happen — they are likely to find his speech was excessive, given the standards of recent discipline and firings, and also his scholarship is bad. So plagiarism (minor as far as I’ve heard) but also inaccurate use of footnotes and copyright theft will also be considered in such a hearing.

]]> By: Eric Rasmusen http://www.rasmusen.org/x/2005/03/02/the-exclusionary-rule-ward-churchill/#comment-213 Eric Rasmusen Wed, 31 Dec 1969 16:00:00 +0000 http://www.rasmusen.org/x/2005/03/02/the-exclusionary-rule-ward-churchill/#comment-213 That AAUP statement is interesting-- and little known. I would still count Churchill's "little Eichmann's" speech as okay, though, because though extreme, it is still just arguing for a position (unlike, for example, his earlier attacks on the COlumbus Day parade). You're probably right that U. of C. will try to stick something in to attacking his speech, to please the politicians, while really punishing his academic fraud, which is all Colorado can legally punish him for, given his contract. If that happens, I'll criticize U. of C. for going after Churchill's academic freedom-- for firing Churchill partly for the wrong reasons. That AAUP statement is interesting– and little known.

I would still count Churchill’s “little Eichmann’s” speech as okay, though, because though extreme, it is still just arguing for a position (unlike, for example, his earlier attacks on the COlumbus Day parade). You’re probably right that U. of C. will try to stick something in to attacking his speech, to please the politicians, while really punishing his academic fraud, which is all Colorado can legally punish him for, given his contract.

If that happens, I’ll criticize U. of C. for going after Churchill’s academic freedom– for firing Churchill partly for the wrong reasons.

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