Tag: backs

  • AAUP Report Backs Tenured Pro-Palestine Prof. Who Was Fired

    AAUP Report Backs Tenured Pro-Palestine Prof. Who Was Fired

    A new American Association of University Professors investigative report concludes that Muhlenberg College violated the academic freedom of a tenured associate professor who said the institution fired her for pro-Palestinian speech.

    Maura Finkelstein’s situation made headlines last year as the first instance that major academic freedom advocacy groups had heard about of a tenured faculty member being fired for pro-Palestine or pro-Israel statements. Complaints against Finkelstein also became the subject of a U.S. Education Department Office for Civil Rights investigation.

    Finkelstein previously said she was fighting her May 2024 termination and was continuing to be paid during the appeals. But a college spokesperson told Inside Higher Ed this week that Finkelstein has now “resigned from the college to pursue other scholarship opportunities.” Finkelstein didn’t respond to Inside Higher Ed’s requests for comment.

    Finkelstein, who is Jewish, had said a panel of faculty and staff recommended axing her over her Instagram repost that told readers not to “normalize Zionists taking up space” and called Zionists “genocide-loving fascists” who shouldn’t be welcome “in your spaces.”

    Members of the college’s Faculty Personnel and Policies Committee later unanimously concluded that Finkelstein shouldn’t be fired, according to the AAUP report released Tuesday. The report is from a Committee of Inquiry composed of three faculty from other higher education institutions, and it’s been approved by the AAUP’s Committee A on Academic Freedom and Tenure.

    The report concludes, among other things, that “by initially dismissing Professor Finkelstein from the faculty solely because of one anti-Zionist repost on Instagram and without demonstrating—in fact, without ever seeking to demonstrate” that she was professionally unfit, “the Muhlenberg administration violated Professor Finkelstein’s academic freedom of extramural speech.” The report says the firing has “severely impaired the climate for academic freedom” at the college.

    A college spokesperson said the institution “has not been afforded the opportunity to review the amended report,” but pointed to the administration’s response to an earlier AAUP draft. That response, included in the final AAUP report, says Finkelstein “was afforded a fair and equitable process” and that “the cumulative effect of Professor Finkelstein’s conduct and post that called for the shaming of Zionists and to ‘not welcome them into your spaces,’ violated College policy.”

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  • UPDATE: Another federal appeals court backs academic free speech for public employees

    UPDATE: Another federal appeals court backs academic free speech for public employees

    The U.S. Court of Appeals for the Seventh Circuit just sided with free speech, joining five of its sister circuits in holding the First Amendment protects academic research, writing, and teaching at public colleges and universities. This carves out an important exception to the Supreme Court’s 2006 decision in Garcetti v. Ceballos holding that public employees’ speech pursuant to their official duties is not protected.

    This is a big deal. Just ask Jason Kilborn, a law professor at the University of Illinois Chicago suspended in late 2021 for using a redacted racial slur “n___” on a final exam question about employment discrimination. He also used the redacted term “b___” in the same question.

    UIC suspended Kilborn and launched an investigation into his (non-)use of the terms. That’s when FIRE stepped in — defending Kilborn, writing to UIC administrators, and securing him a lawyer through our Faculty Legal Defense Fund. With help from that lawyer, UIC briefly reached a resolution with Kilborn but it later reneged on that agreement and forced him to write reflection papers and participate in months-long training sessions before he could return to teaching.

    Kilborn sued, alleging administrators violated his constitutional right to academic freedom — and while the district court had dismissed the case, on Wednesday, the Chicago-based Seventh Circuit agreed the First Amendment protected Kilborn’s speech. That court rejected UIC’s “invitation to extend Garcetti to speech involving university teaching and scholarship when the Supreme Court was unwilling to do so,” and sent the case back to the district court. 

    With the rejection of that application of Garcetti, the district court will analyze this case using the balancing test from Pickering v. Board of Education, which directs courts to weigh “the interests of the [employee] in commenting upon matters of public concern” against “the interest of the state, as an employer, in promoting the efficiency of the public services it performs through its employees.” 

    This is now the sixth federal appeals court to establish this exception to Garcetti, extending academic freedom protections to public university faculty throughout Illinois, Indiana, and Wisconsin. FIRE is currently awaiting a decision from the Atlanta-based Eleventh Circuit, where we’ve asked that court to do the same with respect to the Garcetti exception. Stay tuned for more as we continue to press and follow this issue closely. 

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