A white division symbol appears on a dark gray surface that looks like an eraser, sitting in a receptacle on top of a lighter gray surface.

What Does It Mean to Teach Divisive Concepts?

BY DALE E. MILLER Several states have taken or are considering measures to prohibit the teaching of “divisive concepts.” In my state, Virginia, new governor Glenn Younkin immediately issued Executive Order Number One (E.O. 1), “Ending the Use of Inherently Divisive Concepts, Including Critical Race Theory, and Restoring Excellence in K–12 Public Education in the…

Questions for Eddie R. Cole

BY JENNIFER RUTH AND EDDIE R. COLE When the entire Black delegation of the Mississippi State Senate walked out to protest the vote on banning critical race theory on January 21, I thought about UCLA professor Eddie R. Cole’s 2020 book The Campus Color Line: College Presidents and the Struggle for Black Freedom. “The people…

Keyishian

Keyishian v. Board of Regents, 55 Years Later

BY JOHN K. WILSON January 23, 2022 marks the fifty-fifth anniversary of the US Supreme Court’s ruling in what may be the most important legal case protecting academic freedom: Keyishian v. Board of Regents. The poetic words of Justice William Brennan’s majority decision have echoed through our legal system and become a fundamental part of…

No, He’s Not Just Incompetent

BY HANK REICHMAN Given the case’s high importance, a U.S. District Court judge says he hopes to issue an order by January 24 on a suit filed by a group of University of Florida professors to invalidate the school’s conflict of interest policy as an unconstitutional infringement on freedom of speech.  “This is on the…

A Case of “Whataboutism”

BY HANK REICHMAN In a recent zoom meeting I had occasion to meet Monica Casper, dean of the College of Arts and Letters at San Diego State University.  Dean Casper mentioned that she had recently been the target of online harassment and controversy for some tweets she had posted.  Curious, I looked into the case…

Emory University School of Law

In Defense of the Emory Law Journal

BY JOHN K. WILSON This week, there was what Jonathan Turley called a “major controversy brewing over free speech and censorship at Emory Law Journal.” Robert George argued, “It’s hard to think of a stupider, more self-defeating idea than imposing political litmus tests on articles submitted to major law reviews. But that’s what the Emory…

Is Academic Freedom Under Siege?

BY HANK REICHMAN On December 10, I had the pleasure of participating in a fantastic and timely program in the University of California (UC) National Center for Free Speech and Civic Engagement’s 2021 “Speech Spotlight Live” series.  “Is Academic Freedom Under Siege?” featured Sigal Ben-Porath, Professor of Education at the University of Pennsylvania and author of…