Here’s a third post from an anonymous professor here at the University of Texas, printed with his permission. The proposal is intended in all seriousness.
We are now unquestionably at a crisis point for free speech, academic freedom, and intellectual diversity in higher education. Ritualistic denunciations of faculty who dissent from consensus, under the thin veneer of combating “misinformation,” are now practiced by prominent universities and broadly accepted within higher education. Political tests requiring support for prioritizing racial balance over other considerations are increasingly applied for hiring and promotion. Academic departments, universities, and administrators acting in their official capacity feel free to commit institutions to advocacy for particular policies. Prominent people of the left are actively promoting blacklists to stop hiring of people who took a particular side in politics, and this practice that will no doubt quickly find its way into academia, or would if such people were not already effectively excluded. These events are taking place at private universities that should be committed to open inquiry, but also at public universities that are legally committed to provide an environment where free speech and dissent are possible.
Small groups of faculty have begun to push back in very mild ways, but such push back is entirely defensive and almost doomed to fail. Once a dissenter is identified, there are many formal and informal institutions that can be brought to bear against such a person and anyone who supports him. Title IX investigations are a classic approach, along with “inquiries” into research misconduct. At my own school, our Dean sought a precedent to claim that using a classic example from a movie to illustrate Nash equilibrium (a clip praised as a pedagogical tool by the New York Times) counts as sexual harassment, apparently to punish the faculty member for an insufficiently contrite apology for the use of the example. Whenever someone is attacked in this way, faculty who tend to support academic freedom act as if it is a victory when nothing is ultimately done to the faculty member. This purely defensive stance is a recipe for failure; the process is the punishment, and the people who sought to limit free speech or impose political hiring criteria are free to keep trying until they succeed. Knowing this, few faculty chose to fight back, and almost all attacks on academic freedom, free speech, and intellectual diversity succeed without the aggressors even having to truly fight.
Existing institutions and norms are thus insufficient to address the problems of the current moment. What is required is administrative reform, where attacks on academic freedom, free speech, and intellectual diversity are treated with at least the same degree of seriousness as other offenses at universities. Specifically, every university should have an “Office of Free Speech” where faculty can lodge complaints when their academic freedom or free speech rights are violated, or when policies are put in place to limit the possibilities for intellectual diversity. This office must have adequate funding to complete independent investigations of such allegations, and it should report directly to the highest authority governing the university, either the board of trustees or regents for most private universities or the regents or state legislature for public universities. These investigations must have teeth; attacking academic freedom (not simply criticizing speech with speech) cannot be allowed to stand as acceptable behavior for administrators, faculty, or students. The same sorts of consequences available for other offenses should be applied to those who use their position at the university to deprive others of their institutional or constitutional rights. The office should not go as far as hounding people to suicide through punitive investigations and promotion of angry mobs, but those who weaponize university processes against innocent faculty should bear some costs for their actions.
Crucially, this office must be independent of even the highest level administrators of the university, who are often responsible for the greatest threats to academic freedom. For example, the top administration at my university publicly plays lip service to the importance of free inquiry while at the same time supporting policies that serve as a political test to prevent hiring of faculty who dissent from campus orthodoxy on “diversity and inclusion” matters. And, faculty can certainly not be trusted with a role in the oversight of these issues; having served on certain faculty bodies designed to protect academic freedom, it is abundantly clear that most university faculty, even those who would go as far as to join such bodies, view academic freedom exclusively as a collective right of the faculty as a whole and not an individual right of faculty members. That is, the consensus view of academic freedom is that the faculty as a whole should be free to decide what ideas should be allowed to be expressed on campus, and protecting academic freedom consists of preventing outside interference with this process, even when that outside interference is intended to protect the individual rights of faculty members.
Notably, this arrogation of power is outside of any reasonable interpretation of the charter of a university; when faculty were granted academic freedom in running universities, this was done under the assumption that faculty were best able to judge work in their areas and that external influence would potentially corrupt academic inquiry. Founders of universities undoubtedly did not anticipate that faculty would instead turn against the very idea of free inquiry and use the trust placed in them to shift the mission of institutions away from inquiry and toward pure advocacy. Thus, having external, responsible parties ultimately judge the cases brought to the Office of Free Speech is entirely appropriate. At some point, the answer to “Quis custodiet ipsos custodes?” cannot simply be that we trust faculty to protect the rights of those they despise, particularly in light of behavior observed recently. Ultimately, universities, particularly those funded by taxpayers, must answer to a broader set of constituents than simply the faculty themselves; such accountability will certainly be treated as an attack on free inquiry, but in fact it is absolutely necessary to restore any semblance of such a concept at modern universities.
READER COMMENTS
JFA
Jan 26 2021 at 12:00pm
Instead of adding to the bureaucracy, getting rid of most admin positions and reducing the number of departments whose names end in “Studies” would probably go a long way toward solving this issue.
Josh S
Jan 26 2021 at 12:06pm
It’s ironic that your answer to the fear of being silenced, ousted, or deplatformed by people you disagree with is to preemptively do the same to them. That hardly seems like a successful approach to achieve the aims of free speech.
Mark Z
Jan 26 2021 at 1:47pm
Getting rid of redundant positions isn’t the same as deplatforming. If someone were to try to get a particular Diversity and Inclusion official fired for his opinions, that might be ironic, but arguing for dispensing with the position because it’s redundant or even harmful isn’t ironic at all.
Andre
Jan 26 2021 at 3:17pm
An exaggeration which makes the point: if universities that have an “Office of Using AK-47s on People” eliminated that office, it might prevent people from getting shot.
Offices of DIE exist on the assumption that the system is inequitable and has hidden inequities that must be rooted out. If they were to acknowledge the fact that most elite universities have for the past 40 years been granting *advantages* to “members of disadvantaged groups,” rather than discriminating against them – those offices would have no reason to exist.
When people are being paid to find something, they’re going to find it. Everywhere.
JFA
Jan 27 2021 at 8:13am
I don’t think it’s ironic. Those places seem to be where most of the danger to freedom of speech comes from. Those people can advocate for whatever they want outside the university (you can even let student groups invite them to give a campus lecture on “Silence is Violence” or “How [person with innocuous views] is Literally Hitler” or whatever), but you don’t need to to give them resources to continue to erode that freedom.
Not giving everyone a megaphone is not restricting their freedom of speech.
Alex Church
Jan 26 2021 at 12:50pm
Exhibit A in how reactionaries are weaponizing free speech as a cover to suppress academic fields that make them uncomfortable.
JFA
Jan 27 2021 at 11:28am
They don’t make me uncomfortable as I have read what appears to be the highest quality research in gender studies, African American studies, Chicano/Latinx studies, etc., and found it mostly nonsensical. People in sociology, history, and English departments seem to make similar arguments as people in those “studies” departments but in a more cogent fashion (not always, though). My objection is funding departments and administrators whose underlying ethos is to suppress dissent against their view of orthodoxy.
Matt H
Jan 26 2021 at 1:23pm
Universities have power because they distribute prestige. This is the part that needs to be attacked, once we separate the staff from the ability to give out prestige incentives will change. We need to attack their brands, reduce their power. All these other problems will simply fade.
We need to make federal funding of education dependent on adopting universal admissions standards, prices and a lottery. For faculty reputation will be less tied to the university, it will make competition for spots less cut throat. There is no repetitional difference between MIT and Tulane, what are pretending outrage over.
Proposed: There will be 4 classes of universities. A/B/C/D. Every student takes a test, wins admission to a letter. Schools must choose by lottery among those who receive an appropriate score, no demographic information can be considered. There will be enough slots in each rung for every student who applies. Cut-offs change based on how many people apply and how well everyone does on the test that year.
School pricing, loans, and financing is set by level. 2 year D schools are likely free. If a university doesn’t want to accept this, there is no federal money, there are no tax free donations, and endowments and land are taxed.
Schools will hate this, legacies will hate this, but everyone else would benefit from a fair system that lowers stress and competition. No essays, no grades, no bullshit extra curricular. Also the test isn’t even that hard, probably non difference in level between say current SAT 1300 and 1600, either score qualifies you for the A-lottery. Test prep can only help people close to the borders between levels.
Once the students of these schools are more normally selected, some bad incentives will go away. We will need to implement a similar system for graduate programs, which will be trickier. However we can’t fix the problem until we stop letting schools distribute prestige..
Niko Davor
Jan 26 2021 at 7:43pm
What’s to stop the “Office of Free Speech” from being conquered and warped in the same fashion as the rest of academia? You can call it the “Ministry of Free Speech”. This seems quite doomed to failure.
UT’s President praises free speech, but I suspect this is just empty rhetoric.
https://president.utexas.edu/messages-speeches-2020/free-speech-week-at-ut
https://www.utexas.edu/free-speech-week
Jose Pablo
Jan 27 2021 at 11:55am
We live in Orwellian times: the “Office of Free Speech” once created, would soon be “captured” and will find itself actively promoting the eradication of opposing views in the name of fighting “other views that want to suppress Free Speech” (“Their” Free Speech).
“Free Speech” actual meaning is “Freedom to eradicate speeches that contradicts the prevalent virtue signaling views of people that thinks they are defending Freedom of Speech”. Some of them, by the way, genuinely convinced they are serving Society. The enthusiasm that goes in serving a cause “bigger than themselves” adds to the problem.
In this situation the meaning of “Freedom of Speech” pretty much falls in line with the meaning of “Democratic” in the “Democratic People’s Republic of Korea” or in “German Democratic Republic”. The chances of having a successful “Office of Free Speech” would then be very similar to the chances of having a successful “Office of Active Democracy” on those countries (which very likely existed)
I don’t think whether the Office being staffed by faculty members or by “independent” outsiders will make any difference. Most People willing to put on a passionate fight for Freedom of Speech have a pretty Orwellian view on the topic.
Niko Davor
Jan 28 2021 at 11:19am
This is the same sentiment that I expressed in my comment. I read a funny story relevant to this:
In 2012, Twitter’s General Manager Tony Wang famously that that Twitter sees itself as the “the free speech wing of the free speech party”. In 2018, CEO Jack Dorsey says at the 3:22 mark of the video at the link below: “This quote around ‘free speech wing of the free speech party’ was never a mission of the company, was never a descriptor of the company that we gave ourselves; it was a joke.”
https://www.facebook.com/watch/live/?v=2145795985682880&ref=watch_permalink
I can imagine the universities establishing an “Office of Free Speech” like suggested in the OP; as time goes on, it develops a reputation for ruthless destruction of free speech and all the university big wigs say, “sure, we named it that as a joke.”
Patrick
Jan 28 2021 at 10:59am
While I am generally in agreement with the sentiment of the professors concern, I don’t really see the university system supporting “academic freedom” long term. As a matter of fact, I find it difficult to believe that at the department level there hasn’t been some sort of pressure at a vast majority of universities as far as research focus. On top of that, academic journals have already been largely responsible for deciding what can be discussed even if that departmental pressure turned out not to exist. My point is that college professors and the university system as a whole have a vested interest in maintaining what is effectively a monopoly over the research ecosystem and as long as that continues the political leanings of the people in control of the universities is going to influence what gets published, who gets hired, and who eventually gets tenure.
My personal view is that research and higher education should begin to diverge. If the professor wants true independence, they should surrender their tenured position and go figure out a business model in order to publish their research free of influence. If I had to guess they probably aren’t willing to do that. And who could blame them? When demand for higher education has only been increasing for the last 50 years and there is effectively no income constraint on the part of students due to government loans there is really no incentive for universities or professors to change their behavior.
Comments are closed.