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Jury Punishes Auburn U Over Free Speech Violation
Serves As A Warning to Other Colleges, and Encouragement to Other Profs
In essence, Michael Stern, a tenured economic professor, was removed as chair of the Department of Economics, a position he had held since 2010, because he spoke out about what appeared to be a program of using an academic major of limited value and easy courses - which had in fact been recommended for closure - which enabled its student athletes, especially football players, to remain eligible to play.
This decision is important because it emphasizes not only that university professors have a right to speak out in public about perceived wrongdoing on their own campus, but that violations of that right can result in significant financial penalties for their institution, says public interest law professor John Banzhaf.
It's also important because the possibility of such a whooping verdict may encourage other professors to "Sue The Bastards" when they are similarly punished for expressing their views, even if they aren't fired as a result.
It will also make attorneys more willing to take on such cases. If they do, they can use the Auburn verdict as a powerful argument and strong negotiation tool, says the law professor,
This new decision comes a half-century after the similar Pickering case went all the way to the Supreme Court, and won a public high school teacher and all public employees First Amendment speech rights.
It also comes just about a month after a major controversy erupted with a report that New York University had fired a distinguished professor when students complained that his class was just too tough for them.
So, argues Banzhaf it looks like universities are adopting several different tactics to retain post-Covid Gen Z students who are threatening to drop out, and thereby slash their university's tuition income, because they are finding at least some courses too tough:
■ set up gut ["embarrassingly easy"] courses, or even dumbed-down programs and majors for weak students, especially athletes
■ pressure or even fire fire professors who refuse to dumb down their own courses, and
■ also pressure or even fire professors who complain about such tactics.
Law suits can help fight this tendency of "defining mediocrity down," similar to the late Senator Daniel Patrick Moynihan's prophecy about "defining deviancy down," says Banzhaf.