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Liberty & Power: Group Blog


Entries by Charles W. Nuckolls


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Earlier today, Mike S Adams wrote the following in his column for Townhall.com:

Last semester, the faculty senate at the University of Alabama (UA) passed an Orwellian speech code designed to restrict “any behavior that demeans or reduces an individual based on group affiliation or personal traits, or which promotes hate or discrimination.”

Anyone armed with an 11th grade education can see that such a speech code is unconstitutional. Indeed, many of the UA “diversity initiatives” such as the Vagina Monologues would be banned under such a code, if the university had any intention of applying the code equally. Come to think of it, booing an Auburn football player would be banned under the code, too. Read the rest here.

UPDATE: Robert Shibley at The Torch, the blog of the Foundation for Individual Rights in Education , has a long post on this. Randy Barnett at the Volokh Conspriacy has also commented.

ANOTHER UPDATE: The comments just keep on coming. Todd Zywicki at the Volokh Conspiracy, Glenn Reynolds at Instapundit, and QD at Southern Appeal have taken note of the Alabama student rebellion.

Monday, February 28, 2005 - 18:55
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These days the students at the University of Alabama are showing more maturity, good sense, courage on issues of academic freedom than the faculty.

Yesterday, the Student Senate unanimously passed a resolution that represents a stunning victory for academic free speech. In concise and clear wording, it explicitly repudiates a resolution by the Faculty Senate which calls for a sweeping speech code. Interestingly, the Faculty Senate resolution also passed without a dissenting vote. This is shaping up into quite a David and Goliath battle.

We have been following this issue for quite some time. In an article for HNN, we compared the Faculty Senate's resolution to a proposed segregationist law in Mississippi during the 1950s.

Here is the resolution of the Student Senate:

Resolution #R-98-04, The University of Alabama, Student Senate, 2004-2005

WHEREAS, The right to free speech is an inalienable human and civil right that is protected by the United States Constitution and the Constitution of Alabama;

WHEREAS, Free speech is absolutely vital to the mission of any university, where new and often controversial ideas must be discussed openly and rationally in order to make advances in knowledge;

WHEREAS, The Faculty Senate of the University of Alabama has recently passed a resolution urging the University of Alabama to regulate the speech of students at the University of Alabama;

WHEREAS, Speech codes have been used by other colleges and universities to silence dissenting speech, not merely so-called “hate speech”, and to persecute those with unpopular opinions;

WHEREAS, There are currently numerous legal challenges pending against such speech codes, and the adoption of such a speech code at the University of Alabama would invite a lawsuit against the University that would be costly and would greatly tarnish its public image;

WHEREAS, In the words of Thomas Jefferson, “Error of opinion may be tolerated where reason is left free to combat it”;

WHEREAS, By defending free speech for all students, one in no way condones any kind of hate or intolerance; On the contrary, one is promoting tolerance of others despite their differences, especially their differences of opinion;

THEREFORE BE IT RESOLVED THAT The University of Alabama Student Senate most strongly urges the Administration and the Faculty Senate of the University of Alabama to refrain from adopting any form of speech code, even one that purports to ban only so-called “hate speech”;

BE IT FURTHUR RESOLVED THAT The University of Alabama Student Senate most strongly urges the Administration and the Faculty Senate to adopt policies that explicitly protect free speech for all students at the University of Alabama;

BE IT FURTHUR RESOLVED THAT Copies of this resolution also be sent to Dr. Robert Witt, President of the University of Alabama, Dr. John Mason, President of the Faculty Senate of the University of Alabama, The Tuscaloosa News, The Crimson White and Dateline Alabama for informational purposes.

Friday, February 25, 2005 - 16:54
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Having dragged Professor Hoppe through the mud for a year, the administration condescends to remove a slanderous letter from his file. Bravo. These days, any victory in the battle to protect academic freedom -- even a small one -- is welcome. But what will happen next?

Here are some suggestions:

1. The AAUP, FIRE, and the ACLU should send out press releases to each and every university president in the United States. They should claim victory. And the message, in so many words, should be this: You will be next if you try to smear somebody for exercising freedom in the classroom.

2. A letter should be sent to the UNLV Board of Trustees thanking them for defending academic freedom and forcing the president to back down. (One has no doubt this is what actually happened.)

3. Professor Hoppe should send a letter to the Denver/Boulder newspaper comparing himself to Professor Churchill and calling on the Colorado administration to defend academic freedom.

This is a hard-won victory. Let us try to make use of it to maximum effect.

Saturday, February 19, 2005 - 22:11
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I leave for India in a couple of days -- a brief trip, to return to the village on the southeastern coast where I began my career as an anthropologist almost thirty years ago.

Ever wonder what a system of"affirmative action" would look like if were permitted to completely run amok? For decades India has employed what it calls a"reservation system" whereby up to 80% of positions are set aside for"backward" castes. Universities (as one might expect) are particularly keen on set-asides. The result is predictable, and sadly, all too familiar: the collapse of merit and dominance of group membership as the only acceptable standard for selection or advancement.

To be sure, we hear much today about out-sourcing to India. Try making a flight reservation without talking to someone in Bangalore or Delhi. But India barely registers a blip when it comes to technical innovation or academic achievement. The brain drain continues unabated, and always will, as long as smart people are pushed aside in favor of protected groups.

I will see if this analysis still holds water when I return. Any questions?

Tuesday, November 30, 2004 - 00:48
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It's not just that Halloween has just passed; I feel the presence of the General's spirit more generally. Perhaps it's because I think it inhabits the mind of President Bush. Indeed, if you read Doonesbury, you know what I mean: it would make more sense to me if the little voice that speaks to the invisible Dubya from inside his Roman helmet is the Supreme Commander of the Allied Powers rather than Dick Cheney. Why?

MacArthur, whatever his faults, articulated a clear policy and found the Acheson model of"limited war" odious. No politician since MacArthur -- not even Reagan -- was so clear, at least not until Bush. The problem is that Bush won't say so. He pretends, or used to, that the war in Iraq was really about weapons or terrorism or whatever. What it's actually about is the battle for the Middle East, that is, the strategic reallignment of forces throughout the region.

If the general were still alive, he'd no doubt fire off a letter to the press and irritate the heck out of everyone. He was direct. And it got him into trouble. I am not sure I agree with SCAP about Korea, but I do give him credit for articulating a clear vision. My hunch is that Bush has a similiar vision. It's just that he won't tell anyone about it.

Monday, November 1, 2004 - 12:33
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The story of the "decline" of MSU is a story of faculty and administrative complicity. The president, Shelby Thames, is a puffed-up and Putin-style despot whose action against two tenured professors earlier this year assures him of a place in the administrative rogues' gallery. But such creatures remain in office only through faculty complicity. The same faculty who cry and moan in the public forum shut up pretty fast when a "deal" is rigged and they are comfortably cashiered. That is the other side of the story at MSU, and the situation will never change, there or anyplace else, until faculty develop some backbone and refuse to be bribed.
Saturday, September 25, 2004 - 19:47
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Our article,"The Wrong Song of the South," has generated comment, mostly from League of the South types who cannot for a moment entertain the possibility that Southern culture is not synonymous with the confused political claims of the old Confederacy.

What interests me, however, is not their whipped-dog snivelling, but the legacy of ambiguity they claim for their own. Why is it, one wonders, the debate on Southerness always turns on the question of why the South left the Union? And more to the point, why is this question always so hard to answer?

The reason is that the South itself decided long ago that this question should not be answered, at least not definitively. I do not mean the decision was a conscious one. It was more like a cultural consensus, motivated by group defensiveness. Because if Southern identity could be maintained as an always moving target, it was less likely to take a mortal hit from its adversaries.

I have heard"the South" spoken of as a political entity, a religious cause, a cultural bulwark against the intrusions of industrialism, and so on. Try to attack one and"the South" immediately changes shape and turns into something else. Beito and I tried to show that one of these"Souths," the one that considered slavery central to its existence, did figure more largely than the others in the debates of the 1850's. And as it always has,"the South" shifted its ground, saying, in essence,"but that's not the South we mean."

It has been that way for a long time. Indeed, it is one of the most successful political shape-shifting stories we historians have ever seen. Southerners will never define who they are, and will never let you do so, either -- and so the debate will never permit itelf to end. And, for what it's worth, that is what the South means to me.

Sunday, July 25, 2004 - 22:31
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Famed bobble-head reporter Gilbert Cruz last week resigned his position as campus beat reporter for The Tuscaloosa News.

Cruz achieved the epithet"bobble-head" earlier this year when he devoted a front-page article to covering the making and marketing of a bobble-head doll in the shape of long-dead Alabama football coach Bear Bryant.

Cruz's reporting about campus affairs at the University of Alabama generally followed the same style and form, maintaining a rigorous avoidance of investigation or analysis.

The Alabama Scholars Association, an affiliate of the National Association of Scholars, created a special section on its website devoted to the"bobble-head" journalism of Gilbert Cruz. (See www.alabamascholars.org) We are pleased that after only a couple of months of relentless lampooning, Mr. Cruz decided it would be in his best interests to leave.

We understand he will now be employed in the entertainment industry, in a job much better suited to his talents as a soft-ball writer of fluff and flummery.

Bottom line: If you are dissatisfied with the reporting in your local newspaper, start a website and lampoon the heck of it.

Thursday, July 8, 2004 - 12:04
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We have heard little from Mississippi State University lately, after University officials successfully bought off Professors Glamser and Stringer.

Even the titilating website,"firethames.com," has closed up shop.

Should we be surprised? Probably not. Faculties are made up mostly of selfish and self-centered egoists who do not define themselves as members of the same class, and whose sense of collective interests, therefore, is deeply stunted. We behave as if we were singular little monads, and among us, narcissism as a character trait is our most telling feature. It's a good thing, too: without a heavy coating of narcissism we would have little else to defend ourselves against the fraud and perfidy of the administrative ruling class.

The consequence, however, is a social system in which people are encouraged to sell out for peanuts. Glamser and Stringer, whatever the merits of their case, carried more than the weight of their individual interests. They were seen, correctly, as symptomatic of a larger problem, i.e., the erosion of faculty governance and the decline of academic freedom. But Mississippi administrators knew something else: that faculty members almost always sell out when the rewards are high enough or the penalties too severe. It doesn't take much, either -- faculty members always sell themselves very cheaply.

You can bet administrators throughout the country took notice, and the next time tenure is threatened, they will feel emboldened.

Glamser and Stringer may have"won" their bit of coin, and can now slide into a mellow retirement. Their victory, however, is our loss, and we will all pay dearly for it in the years to come.

Saturday, June 5, 2004 - 10:28
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Perhaps there already is such a field of interest. If not, there should be."Distraction Studies" means all the things university administrators do to distract faculty from the political economy of their institutions.

Want to distract a professor from examining health care fraud or financial wrongdoing in the Administration? Just start talking about affirmative action, diversity training, or multiculturalism. Left and right will oblige by dropping everything as they fill the trenches for another repeat-performance of their carefully scripted battle scenario.

Administrators love it when faculty do that. It keeps them from sniffing around the accounting books.

Again, I don't know if"Distraction Studies" already exists, but if it does, I suspect most of the administrators I know have already been granted higher level degrees.

Saturday, May 29, 2004 - 17:50
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Sugamo Prison, in Tokyo, was the site where Japanese war criminals, like Tojo, were held -- some for as long as the Occupation continued, until 1952.

As part of a project, I examined the prison records and interviewed surviving American guards and their Japanese prisoners. Not one incident of cruelty to prisoners was reported. On the contrary, prison life was amazingly courteous, and both sides expressed a warmth and admiration for each other that is clearly the reverse of what we now find at the Baghdad prison under the command of American forces.

Iraq is not Japan, to be sure. But one finds, over and over again, the comparison being made. If there is any validity to it, then I suggest the main lesson to be learned is this: to convert an enemy into an ally cannot be done when prisoners are treated sadistically, and forced to perform sodomizing acts in front of their camera-toting American tormentors.

Richard Minear's 1971 book,"Victor's Justice," lambasted the American Occupation of Japan, and especially the Tokyo War Crimes Trial, for concealing a blood-lust for vengeance in the legal niceties of a courtroom charade. Yet in Iraq, what we see is not even the charade, nor any pretense of law and justice. In fact, it is not even the lust for vengeance. It is just stupid, blind cruelty.

We should remember that in 1945 Americans convicted and executed General Yamashita for less.

Tuesday, May 4, 2004 - 16:54
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The announcement that the termination of two tenured professors at the University of Southern Mississippi has been"settled" should alarm and terrify everyone concerned with academic freedom.

The two professors agreed to accept two years' salary in return for never setting foot on campus again. A gag order was also imposed, specifiying that the professors could not reveal or discuss the nature of the charges against them or the negotiations that resulted in settlement. We will never know, then, what happened, since the parties to the disupte have been bought off.

I say, bad show! Scholars around the country rallied to the defense of colleagues whose academic freedom was violated. We said then, and we say now, that an attack on one of us is an attack on all of us. But we all know from bitter experience how these issues typically end. Money changes hands, silence is purchased like a commodity on the market place, and the principle of academic freedom is sold off to the highest bidder -- just another token in a complex exchange whose ultimate common denominator is cash.

Thames should be hounded from office, certainly. He is a cad and a bounder. But the two professors bear some responsibility here, too. They didn't just sell themselves out, they sold the rest of us. And I, for one, don't like it.

Monday, May 3, 2004 - 13:02
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The situation at the University of Southern Mississippi is alarming, since it involves the sudden termination of two tenured professors. Apparently, the administration acted against them for exposing the fact that the Vice-President had falsified her employment history when she applied for the job. Both professors are members of the AAUP, and one is, or was, the organization's president.

It is sad, but true, that we professors rarely act in concert, even when it is a matter of our own defense, or the defense of the disciplines we represent. That has got to to change. The administrative elite that now runs most of our colleges want to operate them like businesses, which means creating a flexible and pliable workforce that can hired and fired at will.

Forget tenure. It's over, or will be soon, at most public colleges and universities -- at least in all but name. Already low salaries will probably go lower, and as for health and retirement benefits? Forget about it. Think University of Phoenix.

If you, the readers of this blog, do not begin to take action by joining in the defense of your colleagues and disciplines, then should not be suprised to find in a few years that you have neither.

Join the AAUP; join FIRE; join the NAS today!

Monday, March 8, 2004 - 22:05
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Tenure is more than simply under threat. It has already been eliminated, in all but name, in more than thirty states. Will faculties who still have tenure wake up to their potential loss, or will they, like faculties elsewhere, remain the docile and compliant wage-laborers their"administrators" want them to be?

Alabama, where I am, still protects tenure, but its days are surely numbered. The surrounding states all got rid of it some years ago, as administrators tried to pander to"elected officials" in the state house and beef up their standards of"accountability." The current chancellor of the Alabama System,"Mack" Portera, presided over the elimination of tenure in Mississippi when he was University President there. The same is true of Mr. Witt, currently president of U of Alabama: he raised no voice of protest when Texas gutted its tenure provisions a few years ago.

But we all know where all the beefing up went, do we not? Into increasing the ranks of the administrators, of course, and into providing them with hefty"executive" salaries.

But faculties remain as they have been for years: timid and anxious to please their masters. Will they ever wake up?

Not until their heads reach the chopping blocks -- but if you ask me, I consider that the optimistic scenario.

Monday, February 2, 2004 - 17:48
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Recently, a colleague tried to obtain footage of Japanese Prime Minister Koizumi entering the Yakusuni Shrine in Tokyo. He was refused.

Yakusuni Shrine, for those who don't know, is the place where the spirits of Japanese war dead are enshrined and worshipped as gods. Tojo Hikeki, who, as Japan's war-time prime minister, ordered the attack on Pearl Habor, is one of the spirits installed at Yakusuni.

Since the war, Yakasuni has been the center of Japan's growing nationalist resurgency. Until the 1980's, no Prime Minister visited the Shrine officially, since doing so would enrage the anti-war elements of Japanese society and damage relations abroad, especially with Asian countries like China that has suffered at the hands of Japanese invaders.

All of that has since changed, and now, Japanese ministers and members of government routinely visit the Shrine. On August 15, the date of the Japanse surrender in 1945, even the Prime Minister visits and pays homage. Thus the question: can video footage of the current Prime Minister visiting the Shrine on August 15 be obtained?

Apparently not. The government-ownded TV station, NHK, refuses to provide it, calling it"too sensitive." We can understand why. Over the years, Japan has carefully cultivated an image of itself as a modern and peaceful democracy. What would the world say if people could see Koizumi marching in and out of Yakasuni where WWII kamakazi pilots are glorified?

The fault is not with NHK or the Japanese government. Their motives are obvious. But how is that the United States remains in the dark about resurgent Japanese nationalism? For the answer, I highly recommend Ivan Hall's recent book,"Bamboozled!"

Saturday, January 31, 2004 - 14:28
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University administrators do not react to criticism with argument and reason -- generally because they have none -- but with further deployment of administrative rules. You've heard of the"fog of war." This is the fog of officialdom, the pernicious off-spring of early 20th century progressivism and, ironically, the means once intended to protect us from the arbitrary exercise of power.

Case in point: David Beito and I have criticized the University of Alabama for failing to address, and then attempting to cover up, rampant grade inflation. Administrators do not like us. So what did they do?

Two things, and neither included argument or reason. First, they claimed that only"recognized" faculty groups could use campus mail to distribute their views. Recognized? What does that mean, we said. There was no answer, except to suggest that if they like you, you're"recognized." This is how the Chinese government operates. We pressed the administrators on this, and demonstrated, we think, that the power they claimed was not properly exercised by them but by the faculty itself.

Then came the second thing. OK, they said, even if you are recognized, postal regulations prohibt you from sending you newspaper, The Alabama Observer, through faculty mail."Postal regulations?" we asked. You've got to be kidding! They weren't. Within 28 hours, the admnistration of the University of Alabama had banned our paper and the paper of the American Association of University Professors (AAUP). The Federalist Society, by the way, had already been banned when David Bernstein came to speak and the administration refused to publicize his Federalist-sponsored lecture.

Faculty, unbelievably, were nonplussed. Hey, so what if the principle of free speech had been violated? At least unnamed and unidentified"postal regulations" had been protected. And best of all, they thought, reactionary faculty conservatives had been prevented from communicating their ideas.

The faculty will eventually realize that this is a sword that cuts both ways. But in the meantime, the administration has won -- not by being"right," of course, but by throwing up incomprehensible rules and procedures, all designed to conceal the unprincipled use of power and cover the admnistrative posterior.

As I've said before, and will say again, the ONLY way to confront this kind of problem (short of a firing squad) is with mandatory term limits for university administrators.

Friday, January 9, 2004 - 12:48
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The decline of liberal democracy in this county was accompanied by the rise of bureaucracy at the beginning of the 20th century. Initially, this was seen by the early"progressives" as a way to insure fairness in the application of rules. Experts, not politicians, would make the decisions, removing decision-making from the play of politics.

It didn't work. Instead, politicians used the newly created regulatory bureaucracy to escape scrutiny or criticism. After all, they said, it's a matter of"following the rules." And they found it fabulously successful: Americans are easily whipped into submission by any petty bureaucrat waving"the rules" in from of them.

A case in point is the University of Alabama, which recently banned from on-campus distribution the publications of the American Association of University Professors (AAUP), the Alabama Scholars Association (ASA), and the Federalist Society. Why? The real reason is that administrators do not like the ASA. The AAUP and the Federalist Society are simply collateral damage.

How do you ban things these days? You cite"postal regulations." That's right: the post office and its rules are being used to defeat the first amendment. We are told that the University would be violating"postal regulations" if it allowed distribution of our materials. Faculty who would object to any outright attack on their constitutional rights shut up and tuck their tails between their legs when"regulations" are mentioned. After all, they say, it's"the rules."

That's how you defeat deliberate democracy and constitutional rights in America today.

Saturday, December 27, 2003 - 02:43
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