Wednesday, March 09, 2005

Thoughts on Ward Churchill

In wake of the mob-like outcry of statements made by University of Colorado Professor Ward Churchill, calls for his removal as well as for instituting constraints on speech and academic expression have been made by those ever clear thinking folks on the right (everyone sees that as sarcasm, right?).

While I considered the issues and numerous other matters in this witch hunt, it is time to review the facts at this time...

a) Professor Churchill does have substantive due process rights which as of this date has not had to exercise (e.g., facing charges and having due process rights) and

b) he has contractual rights with respect to pursuit of damages should he be terminated without appropriate cause. At this time it isn’t clear if actions at the University of Colorado are limited to his extramural speech or other matters. If both, then matters bearing on his scholarly activity provoke other
concerns:

All Colorado professors to a defense and review of their
work. The latter would extend the notion of “equal treatment” under the law much in the same way that opponents of profiling mobilize their complaints.

The notion is that equal protection entails facing the same risk of surveillance/review, something possibly better applied to Professor Churchill since his precipitant act was not an act of lawbreaking

Turning to the petition to the Colorado State Legislature, this appears to be a strange tactic. Why? First, it is a request in effect for them to do nothing. One need not use a petition, just a statement to reaffirm what they have historically done.

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