Tag: Law

  • A new Utah law has caused the University of Utah to severely limit DEI initiatives on campus, in a case study of what might happen in other states

    A new Utah law has caused the University of Utah to severely limit DEI initiatives on campus, in a case study of what might happen in other states

    SALT LAKE CITY — Nineteen-year-old Nevaeh Parker spent the fall semester at the University of Utah trying to figure out how to lead a student group that had been undercut overnight by matters far beyond student control.

    Parker, the president of the Black Student Union, feared that a new Utah law banning diversity, equity and inclusion efforts at public colleges had sent a message to students from historically marginalized groups that they aren’t valued on campus. So this spring, while juggling 18 credit hours, an internship, a role in student government and waiting tables at a local cafe, she is doing everything in her power to change that message.

    Because the university cut off support for the BSU — as well as groups for Asian American and for Pacific Islander students — Parker is organizing the BSU’s monthly meetings on a bare-bones budget that comes from student government funding for hundreds of clubs. She often drives to pick up the meeting’s pizza to avoid wasting those precious dollars on delivery fees. And she’s helping organize large community events that can help Black, Asian and Latino students build relationships with each other and connect with people working in Salt Lake City for mentorship and professional networking opportunities.

    Nineteen-year-old University of Utah student Nevaeh Parker is working hard to keep the Black Student Union going after the organization lost financial support.  Credit: Image provided by Duncan Allen

    “Sometimes that means I’m sacrificing my grades, my personal time, my family,” Parker, a sophomore, said. “It makes it harder to succeed and achieve the things I want to achieve.”

    But she’s dedicated to keeping the BSU going because it means so much to her fellow Black students. She said several of her peers have told her they don’t feel they have a place on campus and are considering transferring or dropping out.

    Utah’s law arose from a conservative view that DEI initiatives promote different treatment of students based on race, ethnicity, gender or sexuality. House Bill 261, known as “Equal Opportunity Initiatives,” which took effect last July, broadly banished DEI efforts and prohibited institutions or their representatives speaking about related topics at public colleges and government agencies. Violators risk losing state funding.

    Now President Donald Trump has set out to squelch DEI work across the federal government and in schools, colleges and businesses everywhere, through DEI-related executive orders and a recent “Dear Colleague” letter. As more states decide to banish DEI, Utah’s campus may represent what’s to come nationwide.

    Related: Interested in more news about colleges and universities? Subscribe to our free biweekly higher education newsletter.

    Because of the new state law, the university last year closed the Black Cultural Center, the Center for Equity and Student Belonging, the LGBT Resource Center and the Women’s Resource Center – in addition to making funding cuts to the student affinity groups.

    In place of these centers, the university opened a new Center for Community and Cultural Engagement, to offer programming for education, celebration and awareness of different identity and cultural groups, and a new Center for Student Access and Resources, to offer practical support services like counseling to all students, regardless of identity.

    For many students, the changes may have gone unnoticed. Utah’s undergraduate population is about 63 percent white. Black students are about 1 percent, Asian students about 8 percent and Hispanic students about 14 percent of the student body. Gender identity and sexuality among students is not tracked.

    For others, however, the university’s racial composition makes the support of the centers that were eliminated that much more significant.

     In response to a new state law that broadly banned diversity, equity and inclusion efforts, the University of Utah closed its Center for Equity and Student Belonging, the Black Cultural Center, the Women’s Resource Center and the LGBT Resource Center. Credit: Olivia Sanchez/The Hechinger Report

    Some — like Parker — have worked to replace what was lost. For example, a group of queer and transgender students formed a student-run Pride Center, with support from the local Utah Pride Center. A few days a week, they set up camp in a study room in the library. They bring in pride flags, informational fliers and rainbow stickers to distribute around the room, and sit at a big table in case other students come looking for a space to study or spend time with friends.

    Lori McDonald, the university’s vice president of student affairs, said so far, her staff has not seen as many students spending time in the two new centers as they did when that space was the Women’s Resource Center and the LGBT Resource Center, for example.

    “I still hear from students who are grieving the loss of the centers that they felt such ownership of and comfort with,” McDonald said. “I expected that there would still be frustration with the situation, but yet still carrying on and finding new things.”

    One of the Utah bill’s co-sponsors was Katy Hall, a Republican state representative. In an email, she said she wanted to ensure that support services were available to all students and that barriers to academic success were removed.

    “My aim was to take the politics out of it and move forward with helping students and Utahns to focus on equal treatment under the law for all,” Hall said. “Long term, I hope that students who benefitted from these centers in the past know that the expectation is that they will still be able to receive services and support that they need.”

    The law allows Utah colleges to operate cultural centers, so long as they offer only “cultural education, celebration, engagement, and awareness to provide opportunities for all students to learn with and from one another,” according to guidance from the Utah System of Higher Education.

    Given the anti-DEI orders coming from the White House and the mandate from the Department of Education earlier this month calling for the elimination of any racial preferences, McDonald said, “This does seem to be a time that higher education will receive more direction on what can and cannot be done.”

    But because the University of Utah has already had to make so many changes, she thinks that the university will be able to carry on with the centers and programs it now offers for all students.

    Related: Facing legal threats, colleges back off race-based programs

    Research has shown that a sense of belonging at college contributes to improved engagement in class and campus activities and to retaining students until they graduate. 

    “When we take away critical supports that we know have been so instrumental in student engagement and retention, we are not delivering on our promise to ensure student success,” said Royel M. Johnson, director of the national assessment of collegiate campus climates at the University of Southern California Race and Equity Center.

    Creating an equitable and inclusive environment requires recognizing that there is no one-size-fits-all approach to supporting students, said Paulette Granberry Russell, president of the National Association of Diversity Officers in Higher Education. A student who grew up poor may not have had the same opportunities in preparing for college as a student from a wealthy or middle-class family. Students from some minority groups or those who are the first in their family to go to college may not understand how to get the support they need.

    “This should not be a situation where our students arrive on campus and are expected to sink or swim,” she said.

    Student Andy Whipple wears a beaded bracelet made at a “Fab Friday” event hosted by the LGBT Resource Center at the University of Utah. The LGBT Resource Center was closed recently to comply with a new state law that limits diversity, equity and inclusion work. Credit: Olivia Sanchez/The Hechinger Report

    Kirstin Maanum is the director of the new Center for Student Access and Resources; it administers scholarships and guidance previously offered by the now-closed centers. She formerly served as the director of the Women’s Resource Center.

    “Students have worked really hard to figure out where their place is and try to get connected,” Maanum said. “It’s on us to be telling students what we offer and even in some cases, what we don’t, and connecting them to places that do offer what they’re looking for.”

    That has been difficult, she said, because the changeover happened so quickly, even though some staffers from the closed centers were reassigned to the new centers. (Others were reassigned elsewhere.)

    “It was a heavy lift,” Maanum said. “We didn’t really get a chance to pause until this fall. We did a retreat at the end of October and it was the first time I felt like we were able to really reflect on how things were going and essentially do some grief work and team building.”

    Before the new state law, the cultural, social and political activities of various student affinity groups used to be financed by the university — up to $11,000 per group per year — but that money was eliminated because it came from the Center for Equity and Student Belonging, which closed. The groups could have retained some financial support from the university if they agreed to avoid speaking about certain topics considered political and to explicitly welcome all students, not just those who shared their race, ethnicity or other personal identity characteristics, according to McDonald. Otherwise, the student groups are left to fundraise and petition the student government for funding alongside hundreds of other clubs.

    Related: Tracking Trump — a week-by-week look at his actions on education

    Parker said the restrictions on speech felt impossible for the BSU, which often discusses racism and the way bias and discrimination affect students. She said, “Those things are not political, those things are real, and they impact the way students are able to perform on campus.”

    She added: “I feel as though me living in this black body automatically makes myself and my existence here political, I feel like it makes my existence here debatable and questioned. I feel like every single day I’m having to prove myself extra.”

    In October, she and other leaders of the Black Student Union decided to forgo being sponsored by the university, which had enabled traditional activities such as roller skating nights, a Jollof rice cook-off (which was a chance to engage with different cultures, students said) and speaker forums.

    Alex Tokita, a senior who is the president of the Asian American Student Association, said his group did the same. To maintain their relationship with the university by complying with the law, Tokita said, was “bonkers.”

     Alex Tokita, a senior at the University of Utah, is the president of the Asian American Student Association. The organization chose to forgo university sponsorship because it did not want to comply with a new state law that restricts speech on certain topics. Credit: Olivia Sanchez/The Hechinger Report

    Tokita said it doesn’t make sense for the university to host events in observation of historical figures and moments that represent the struggle of marginalized people without being able to discuss things like racial privilege or implicit bias.

    “It’s frustrating to me that we can have an MLK Jr. Day, but we can’t talk about implicit bias,” Tokita said. “We can’t talk about critical race theory, bias, implicit bias.” 

    As a student, Tokita can use these words and discuss these concepts. But he couldn’t if he were speaking on behalf of a university-sponsored organization.

    LeiLoni Allan-McLaughlin, of the new Center for Community and Cultural Engagement, said that some students believe they must comply with the law even if they are not representing the university or participating in sponsored groups.

    “We’ve been having to continually inform them, ‘Yes, you can use those words. We cannot,’” Allan-McLaughlin said. “That’s been a roadblock for our office and for the students, because these are things that they’re studying so they need to use those words in their research, but also to advocate for each other and themselves.”

    Related: Cutting race-based scholarships blocks path to college, students say

    Last fall, Allan-McLaughlin’s center hosted an event around the time of National Coming Out Day, in October, with a screening of “Paris Is Burning,” a film about trans women and drag queens in New York City in the 1980s. Afterward, two staff members led a discussion with the students who attended. They prefaced the discussion with a disclaimer, saying that they were not speaking on behalf of the university.

    Center staffers also set up an interactive exhibit in honor of National Coming Out Day, where students could write their experiences on colorful notecards and pin them on a bulletin board; created an altar for students to observe Día de los Muertos, in early November, and held an event to celebrate indigenous art. So far this semester, the center has hosted several events in observance of Martin Luther King Jr. Day and Black History Month, including an educational panel, a march and a pop-up library event.

    Such events may add value to the campus experience overall, but students from groups that aren’t well represented on campus argue that those events do not make up for the loss of dedicated spaces to spend time with other students of similar backgrounds.

     Sophomore Juniper Nilsson looks at a National Coming Out Day exhibit in the student union at the University of Utah. The exhibit was set up by the new Center for Community and Cultural Engagement. Credit: Olivia Sanchez/The Hechinger Report

    For Taylor White, a recent graduate with a degree in psychology, connecting with fellow Black students through BSU events was, “honestly, the biggest relief of my life.” At the Black Cultural Center, she said, students could talk about what it was like to be the only Black person in their classes or to be Black in other predominantly white spaces. She said without the support of other Black students, she’s not sure she would have been able to finish her degree. 

    Nnenna Eke-Ukoh, a 2024 graduate who is now pursuing a master’s in higher educational leadership at nearby Weber State University, said it feels like the new Center for Community and Cultural Engagement at her alma mater is “lumping all the people of color together.”

    “We’re not all the same,” Eke-Ukoh said, “and we have all different struggles, and so it’s not going to be helpful.”

    Contact staff writer Olivia Sanchez at 212-678-8402 or osanchez@hechingerreport.org.

    This story about campus DEI initiatives was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for the Hechinger newsletter.

    The Hechinger Report provides in-depth, fact-based, unbiased reporting on education that is free to all readers. But that doesn’t mean it’s free to produce. Our work keeps educators and the public informed about pressing issues at schools and on campuses throughout the country. We tell the whole story, even when the details are inconvenient. Help us keep doing that.

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  • University of Hawai‘i dean sues law professor who criticized diversity event

    University of Hawai‘i dean sues law professor who criticized diversity event

    When the University of Hawai‘i at Manoa planned a Black History Month event in February 2023 that lacked any black facilitators, law professor Kenneth Lawson publicly challenged a dean about it at a faculty meeting. Nearly two years later, and shortly after clashing with administrators over their decision to doctor one of his class presentations,  Lawson suddenly must defend himself against a defamation lawsuit over his remarks — one filed by that same dean. 

    On Feb. 20, Lawson’s legal team filed an anti-SLAPP motion to dismiss the dean’s lawsuit, in which she alleged that Lawson’s heated arguments with her concerning the Black History Month event, as well as Lawson’s call to boycott the event, were defamatory. Lawson’s legal team argues that the defamation suit is “an attempt to chill and silence Professor Lawson’s constitutionally protected speech.” And the fact that it came fast on the heels of a curriculum dispute raises further questions of retaliation.

    2023: Lawson files First Amendment lawsuit against university following imbroglio over Black History Month event 

    The threats to Lawson’s expressive freedoms date to a faculty meeting back in February 2023, where he voiced vehement objections to a scheduled Black History Month event that was to feature a panel with no black facilitators. (Lawson is black.) 

    At the meeting, UH Dean Camille Nelson clashed with Lawson over the issue. Lawson claimed Nelson (who is also black) didn’t have sufficient experience in or understanding of the Civil Rights Movement. Nelson retorted that her experience as a black woman gave her perspective to understand racism, but that she did not want to litigate that issue during the meeting. In a follow-up email, Lawson accused Nelson of being “highly dismissive” of his objections, and a few days later, he called for a boycott of the panel via a university listserv. 

    Law professor challenges university after campus ‘shooting’ hypothetical changed in lesson plan

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    The University of Hawai’i violated academic freedom and set a dangerous precedent with unilateral revisions to a law professor’s presentation on a legal concept.


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    UH banned Lawson from campus and launched an investigation to determine whether he had created a “hostile work environment” for his colleagues. The university also issued no-contact orders barring Lawson from contacting certain administrators and restricting his use of university listservs. 

    Lawson, in turn, sued UH for violating his First Amendment rights to speak on a matter of public concern: racism and inclusion at the university. 

    The university eventually sanctioned Lawson for the February 2023 incident, requiring him to complete mandatory training and serve a one-month suspension without pay. Lawson returned to teaching in August of 2024, after completing the university’s sanctions under protest as his legal case proceeded.

    2025: Lawson becomes locked in conflict over academic freedom violations

    Last month, we told readers about Lawson’s clash with the university over an in-class PowerPoint presentation. Last September, Lawson used a hypothetical involving himself and two deans — one of whom shoots at the other, misses, and hits Lawson accidentally — to teach his law students the legal concept of transferred intent. The accompanying slide included website portraits of himself and the two deans to illustrate the example. 

    When an anonymous student filed a complaint about the example, the university’s response to the complaint presented a master class in how to violate academic freedom. The university ordered Lawson to change the hypothetical because it could be “disturbing and harmful,” despite the fact that he had not violated any policy. When Lawson rightfully demurred, the university unilaterally changed Lawson’s slides, removing images of the two deans—but leaving Lawson as the victim of the shooting. (Why students would be less disturbed by a hypothetical that still depicted their professor as a shooting victim was not explained.)

    Slide with an image of law professor Ken Lawson alongside generic man/woman icons

    FIRE sent two letters to the university urging it to restore the hypothetical to its original state. We argued that unilaterally changing a faculty member’s teaching materials raised serious concerns about the university’s fealty to the basic tenets of academic freedom. Those tenets protect the right of faculty members to determine how best to teach their subjects. This freedom is even more important when those topics are complicated, difficult, or potentially upsetting to students. Going over Lawson’s head to change the hypothetical without his consent also raises serious concerns for future academic freedom issues. Would UH consistently bypass faculty rights to change instruction until the teaching satisfied administrators?

    UH dean files defamation lawsuit

    Shortly after Lawson filed his censorship grievance, and nearly two years after the case’s original filing, Nelson hit Lawson with a lawsuit of her own: She alleged that Lawson’s behavior at the meeting nearly two years earlier, and his subsequent email to the university listserv, had defamed her. 

    She suffered significant emotional distress and reputational harm, she says, because of Lawson’s alleged accusations of her of being a silent “Intellectual Negro.” 

    Yet defamation claims require proof that the targeted person made false statements of fact, not just heated statements of opinion. There is no way to read Lawson’s remarks as anything but opinion. Furthermore, the First Amendment offers a “wide latitude” for faculty members to express themselves “on political issues in vigorous, argumentative, unmeasured, and even distinctly unpleasant terms.” 

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    SLAPP lawsuits — strategic lawsuits against public participation — are often used to silence expression by bringing legal claims about others’ speech. Lawson’s legal team filed his anti-SLAPP motion seeking the dean’s suit’s dismissal on Feb. 20. 

    We hope this motion will give UH the sharp reminder it needs that faculty members have a right to speak on matters of public concern. Faculty members also have the right to determine how to approach their courses. And faculty members shouldn’t have to fear retaliation — in the university setting or in the court of law — for exercising their First Amendment rights.

    We’ll continue to keep readers apprised of Lawson’s battle against his university.

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  • This LSU law professor’s job has become a legal drama

    This LSU law professor’s job has become a legal drama

    In a Jan. 14 lecture, Ken Levy, Holt B. Harrison Distinguished Professor of Law at Louisiana State University, dropped f-bombs against then–president-elect Donald Trump and Louisiana governor Jeff Landry and told students who like Trump that they need his “political commentary.”

    Some students found the apparent attempt at political humor funny, according to an audio recording of the class obtained by Inside Higher Ed from a student who supports Levy.

    But at least one student in the administration of criminal justice class who subsequently complained, according to LSU, wasn’t amused—and neither were the university and the governor. An LSU spokesperson said the institution “took immediate action to remove Professor Levy from the classroom after complaints about the professor’s remarks.”

    Levy got a lawyer and took immediate action himself, pulling LSU into court instead of waiting for the university to take further steps internally regarding his job.

    In the month since that lecture, state district court judges have twice ruled that Levy should return to the classroom, only for a state appeals court to twice overrule that. The back-and-forth nature of the case has attracted attention in Louisiana and in law circles, including via headlines such as “The LSU Law School Professor Free Speech Hot Potato Saga Continues.”

    Landry also continues to discuss the case. A Republican governor who’s repeatedly inserted himself in LSU affairs, Landry used social media in the fall to call on the university to punish one of Levy’s law school colleagues for alleged in-class comments about Trump-supporting students. Landry has now repeatedly posted about Levy, recently saying an alleged exam he gave was incendiary and suggesting that “maybe it’s time to abolish tenure.”

    In and Out

    In the lecture in question, Levy referenced Landry’s previous criticism of his LSU colleague Nick Bryner, adding that he “would love to become a national celebrity [student laughter drowns out a moment of the recording] based on what I said in this class, like, ‘Fuck the governor!’”

    Levy also referenced Trump. “You probably heard I’m a big lefty, I’m a big Democrat, I was devastated by— I couldn’t believe that fucker won, and those of you who like him, I don’t give a shit, you’re already getting ready to say in your evaluations, ‘I don’t need his political commentary,’” Levy told students. “No, you need my political commentary, you above all others.”

    A few days after that lecture, LSU notified Levy he was suspended from teaching pending an investigation into student complaints, according to a letter from the university provided by Levy’s attorney, Jill Craft.

    On Jan. 28, Craft filed a request for a temporary restraining order against LSU to get Levy back in the classroom. The filing alleged that a student complained to the governor, not LSU, and calls were then made to LSU. A state district court judge granted the restraining order Jan. 30 without a hearing.

    In the first reversal, a panel of appellate judges wrote Feb. 4 that the lower court shouldn’t have approved the return-to-teaching part of the temporary restraining order without a full evidentiary hearing. But after the lower court held a two-day hearing last week, a different group of appellate judges overruled Levy’s return to teaching again—without explaining why.

    Local journalists who covered last week’s hearing reported that district court judge Tarvald Anthony Smith kicked an LSU deputy general counsel out of the courtroom because the lawyer told the law school dean, who was a scheduled and sequestered witness, about a student witness’s earlier testimony. The testimony was reportedly that the student had recorded a conversation with the dean.

    Smith ruled Feb. 11 that LSU policy required the university to keep Levy in class during the investigation of his comments, WBRZ reported. But a Feb. 4 statement from university spokesman Todd Woodward to Inside Higher Ed suggested the investigation was already over: “Our investigation found that Professor Levy created a classroom environment that was demeaning to students who do not hold his political view, threatening in terms of their grades and profane.” The university didn’t make anyone available for an interview about the case.

    Amid this legal back-and-forth, Landry continues to denounce Levy on social media. Last week, Landry posted on X an alleged exam from Levy that included potential sexual and other crimes committed by various fictitious individuals and asked students at the end to “discuss all potential crimes and defenses.” The narrative included a teen who put his penis into pumpkins on Halloween and was seen by trick-or-treating children, and a powerful Republican and suspected pedophile who invited the children inside to dance for him.

    “Disgusting and inexcusable behavior from Ken Levy,” Landry wrote on X regarding what he claimed was Levy’s test. “Deranged behavior like this has no place in our classrooms! If tenure protects a professor from this type of conduct, then maybe it’s time to abolish tenure.” Asked about this document, Craft said she believes the assignment was part of the sex crimes portion of Levy’s criminal law exam years ago, but she did not confirm it.

    After the latest appellate ruling in LSU’s favor, Landry wrote on X that “Levy should stay far, far away from any classroom in Louisiana!”

    Craft said Levy has received death threats on X due to Landry’s comments there. “This seems to be a situation entirely of the governor’s making,” she said. “He has been active on social media, trying to accuse my client of all kinds of bad things. He’s a lawyer himself. He attacked the courts and the judge.”

    Landry’s office didn’t respond to requests for comment.

    Craft also said Levy’s roughly 80 students remain with another 80 in another professor’s classroom.

    “I’m not sure how he can handle office hours for 160 law students,” Craft said of that second professor. The university says it’s doubled the number of student tutors for the course.

    No Longer the U.S.?

    Craft said Levy was set to return to the classroom Feb. 13, but Louisiana’s First Circuit Court of Appeal issued its two-sentence order around 9:30 a.m. that appeared to stay the part of the lower court’s order that returned Levy to teaching.

    LSU again kept Levy out of the classroom Tuesday, Craft said. But she said the rest of the lower court order remains in place, at least for now, and that prevents LSU from taking further employment action against Levy due to his expression.

    “This is a critical issue, and I feel like we have got to, as a nation, understand that there has to be academic freedom, there has to be free speech in this country, and there have to be protections against governmental intrusions without due process,” she said. “We take all that away and we are no longer the United States of America.”

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  • Competition law is a constraint to collaboration in HE but it need not be an impediment

    Competition law is a constraint to collaboration in HE but it need not be an impediment

    There has been much discussion in recent months about financial pressures in the higher education sector and what could be done by stakeholders in the sector – government, regulators and higher education institutions themselves – to address these.

    One such proposal is a strategy of “radical collaboration” between institutions, ranging from mergers to federations, or shared services and centrally operated services. Indeed, the Office for Students (OfS) has cited radical collaboration as a likely response to the financial challenges in the sector:

    Where necessary, providers will need to prepare for, and deliver in practice, the transformation needed to address the challenges they face. In some cases, this is likely to include looking externally for solutions to secure their financial future, including working with other organisations to reduce costs or identifying potential merger partners or other structural changes.

    This notion of radical collaboration goes beyond the traditional practice of academically driven collaboration. Instead, in this context radical collaboration refers to deeper, more extensive and far-reaching strategic collaboration, involving institutions working together to achieve a strategic shared mission and/or efficiencies. This might include, for example, curriculum sharing, or collaborating on a regional basis where institutions collectively decide which is best placed to deliver particular courses or subject areas.

    While the notion of “radical collaboration” may present a potentially appealing way of responding to the challenges that the sector is facing, there is, however, a significant tension between the principles of such transformational integration and the principles of competition law. As things currently stand, many forms of greater integration between institutions, particularly in relation to curriculum mapping and sharing the provision of courses, would breach the competition rules.

    UK competition law and higher education

    Competition laws seek to safeguard free and fair competition between “undertakings” (ie any entity that is engaged in economic activity) for the benefit of consumers, with the aim of creating competitive markets which benefit from the efficient allocation of resources; innovation; lower prices; increased choice; and better-quality products and services for customers.

    Competition laws therefore prohibit agreements and understandings between independent “undertakings” that have, as their object or effect, the prevention, restriction or distortion of competition. Some agreements are regarded as being so harmful to competition in their nature that they are prohibited outright, for example, agreements between competitors to fix prices, share markets, limit output, or co-ordinate or rig tenders. These types of agreements are highly likely to attract vigorous enforcement action by the competition authorities, including the imposition of substantial fines. A finding that an organisation has breached competition rules (or even an allegation of a breach) would inevitably lead to negative publicity and reputational harm.

    While the higher education sector may not bear all the hallmarks of a traditional, fully competitive market, it does fall within the scope of the UK’s competition law regime. Higher education institutions are “undertakings” for the purposes of competition law because they are engaged in “economic activities”; they provide education and other ancillary services to undergraduate and postgraduate students, create jobs which benefit their local and the national economy, as well as develop new products and services.

    Moreover, higher education institutions have to compete to “win” students, competing to a certain extent on price, in the context of international or postgraduate provision, but primarily on non-price factors of competition, such as choice of course/course content; quality of provision; reputation; and the range and quality of ancillary services, such as sports provision, accommodation and other student services. Higher education institutions also compete in “upstream” labour markets to attract and retain talent (ie teaching and research staff).

    Collaboration between sector participants can undoubtedly be positive and pro-competitive. Such arrangements may be permitted by competition law if (among other things) the collaboration produces efficiencies which benefit consumers. For example, when properly structured, benchmarking exercises or arrangements between institutions to share facilities can lead to the more efficient allocation of resources. However, collaboration between sector participants which dampens or reduces the levels of competition that would otherwise exist between them, and/or which produces no clear benefits for consumers, risks breaching the competition rules.

    A clear understanding of where the line is drawn between collaboration which promotes competition and delivers consumer/student benefits, and collaboration which reduces or distorts competition, is therefore important. If this boundary is not well understood, or the boundary itself is not appropriately drawn, the competition rules could act as a barrier to the very innovation and collaboration which the OfS and the government are relying upon to alleviate some of the pressures facing the sector. Indeed, in an interview last week, vice chancellor of Cardiff University Wendy Larner commented that competition law was preventing the kind of collaboration on course provision that she felt was necessary.

    Competition regulation from OFT to CMA

    More recent regulatory scrutiny of the sector has focused on consumer law aspects. Nonetheless, the Competition and Markets Authority (CMA) and its predecessor, the Office of Fair Trading (OFT), have reviewed mergers between higher education institutions – for example, the University of Manchester / Victoria Manchester / University of Manchester Institute of Science and Technology merger in 2005. And in 2014, the OFT conducted a call for evidence in order to gain a better understanding of how choice and competition were working in the higher education sector in England in response to policy developments that sought to foster the development of a competitive market.

    The OFT’s report, following the call for evidence, noted that the most “serious and prevalent” concerns raised by stakeholders related to the extent to which fears of breaching competition law might hinder beneficial cooperation between institutions. However, the report also noted that despite “many generic references” by stakeholders to the potential (perceived) tensions between collaboration and competition, “there were no substantive examples that would justify, because of their relevance and/or novel nature, the production of specific OFT guidance beyond that already available.”

    That said, the report also noted that there was scope for the (then incoming) CMA to highlight that:

    • cooperation which delivers countervailing consumer benefits (ie benefits to students) may not pose a problem – examples given included benchmarking data; academic partnerships; sharing facilities; joint procurement activities.
    • where cooperation between higher education institutions can promote efficiencies, collaboration should be allowed to take place.

    The OFT’s report was published a decade ago at a time when the sector was arguably in a different place. The types of collaborative activities identified by the OFT in its report as being beneficial and delivering benefits to students were very much the more traditional forms of cooperation and certainly some way removed from the radical collaboration concepts being discussed at present.

    It also appears to be the case that a lack of concrete examples demonstrating where the competition rules had, in practice, posed a barrier to beneficial collaboration influenced the OFT’s thinking. It is perhaps for this reason that the OFT’s findings were limited to acknowledging that cooperation which results in efficiencies should be allowed to take place and reminding institutions of the possibility of relying on an individual exemption from the competition rules.

    An individual exemption involves the institution(s) in question conducting a self-assessment of whether the proposed agreement restricting competition will benefit consumers to an extent that outweighs the harm to competition. In practical terms the notion of relying on a self-assessed individual exemption may not be attractive to many institutions. Four cumulative criteria must be met for the exemption to apply and, if the agreement is challenged, the party relying on the exemption bears the burden of proof for substantiating, with specific evidence, that the exemption criteria are met.

    Undertaking the self-assessment process in advance of entering into any agreement around radical collaboration would be a significant, evidence driven compliance exercise involving financial and economic modelling. However, even if institutions (and their advisors) were to conclude that it is likely that the exemption criteria are met, there would always be the risk that the CMA or a court might take a different view of the evidence and would disagree. Institutions may not be prepared to proceed with a high-stakes radical collaboration against this backdrop of uncertainty.

    Moreover, the criteria for individual exemption include the requirement that an agreement must improve production or distribution, or promote technical or economic progress, “while allowing consumers a fair share of the resulting benefit.” Consumers in this scenario means students. In other words, to rely on the exemption, any benefits accruing to the participating institutions from the collaboration must be passed on to a sufficient extent to the students. It would have to be demonstrated, with evidence, that the collaboration would result in lower prices, or better choice and quality, for students. It would not be enough for participating institutions to demonstrate that benefits merely accrue to them.

    It is also worth remembering that the CMA may offer non-binding views on the application of the competition rules to “novel” questions. The CMA has in fact expressed that it is open to hearing from the sector, perhaps in response to the vice-chancellor of Cardiff University’s critical comments.

    While seeking a non-binding view on a proposed form of radical collaboration may sound appealing, it is open to debate whether some of the collaboration proposals which have been mooted are genuinely “novel” in competition terms. For example, an agreement between competing institutions about who will offer certain courses would almost certainly be characterised as market sharing, a serious breach of the competition rules.

    What will it take to get things moving

    There’s an argument to be made about whether a wider national agenda from government on driving forward radical collaboration in higher education is needed, which takes into account the competition law issues. Similar questions to those facing higher education were recently debated in the competition law community in the context of how the competition rules apply to sustainability agreements – agreements between industry participants which are aimed at preventing, reducing or mitigating the adverse impact that economic activities have on the environment, or assist with the transition towards environmental sustainability. Specifically, a number of organisations had voiced concerns that the fear of inadvertently breaching the competition rules was preventing beneficial sector and industry collaborations aimed at delivering sustainability goals.

    In response, a number of competition authorities – including the CMA – proactively published guidance to help organisations apply the competition rules to sustainability agreements and collaborations. The CMA published its Green Agreements Guidance in October 2023 containing a clear statement of intent, along with practical and user-friendly guidance, that competition law should not impede legitimate collaboration between businesses that is necessary for the promotion or protection of environmental sustainability.

    The guidance also sets out welcome details of an open-door policy, by which businesses considering entering into an environmental sustainability agreement can approach the CMA for informal guidance on their proposed agreement if there is uncertainty on the application of the guidance. This policy also provides some reassurance that the CMA would not expect to take enforcement action against environmental sustainability agreements that correspond clearly to the principles set out in the guidance.

    To date the CMA has published two opinions under its open-door policy. These in turn form the beginnings of a body of decisional practice which will help inform organisations, as well as advisors, on the CMA’s approach to collaboration in this area, aiding self-assessment and informed decision-making.

    Given the extensive challenges facing the higher education sector, and the passage of time since the OFT’s call for information in 2014, this might be an opportune moment for the CMA to consider the specific issues facing the sector and to engage with the sector more extensively on how the competition rules apply in the sector.

    Taking steps to support a viable, flourishing higher education sector which, among other public goods, boosts economic growth, would undoubtedly be aligned with the government’s growth mission and, in turn, aligned with a key pillar of the CMA’s strategy of driving productive and sustainable growth. To the extent that the competition rules are perceived by institutions as presenting a barrier to collaboration that would deliver benefits to students, and where there are examples which show this, there may now be a case for specific higher education focused guidance, similar to the approach taken to the Green Agreements Guidance. Clear guidance, including worked examples on how the individual exemption should be applied and understood in the context of the higher education sector, could be a positive and welcome step forward.

    In a recent speech interim Executive Director for Competition Enforcement at the CMA Juliet Enser noted the work of the CMA in ensuring that its enforcement activities do not have a chilling effect on pro-competitive collaborations between competitors, referring to the sustainability guidance and the CMA’s work on competitor collaborations in the pharmaceutical sector. Enser said “where we are convinced on the evidence that there is a real risk, that absent our providing appropriate comfort, the economy will lose out on beneficial collaboration then we are prepared to act.”

    This is a positive statement from the CMA, signalling a proactive willingness to engage. In turn, the higher education sector could seize upon this invitation and commence a dialogue with the CMA, providing examples and evidence of where clarity on the application of the competition rules to the sector is needed, so that stakeholders can work towards pro-competitive collaborations which may ultimately benefit students, the higher education sector and the economy at large.

    This article is published in association with Mills & Reeve. Join us on Tuesday 4 March 12.00-1.00pm for Connect more, a free online event exploring the potential for more system-wide collaboration in higher education in England. Find out more and register here.

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  • VICTORY: District court blocks Texas social media law after FIRE lawsuit

    VICTORY: District court blocks Texas social media law after FIRE lawsuit

    AUSTIN, Texas, Feb. 7, 2025 — After a lawsuit from the Foundation for Individual Rights and Expression and Davis Wright Tremaine, a district court today stopped enforcement of a Texas law that would have blocked access to broad categories of protected speech for minors and forced websites to collect adults’ IDs or biometric data before they can access social media sites.

    Northern District of Texas Judge Robert Pitman granted FIRE’s motion for a preliminary injunction against provisions of the Securing Children Online through Parental Empowerment Act (SCOPE Act) requiring content monitoring and filtering, targeted advertising bans, and age-verification requirements, ruling that these measures were unconstitutionally overbroad, vague, and not narrowly tailored to serve a compelling state interest.

    “The court determined that Texas’s law was likely unconstitutional because its provisions restricted protected speech and were so vague that it made it hard to know what was prohibited,” said FIRE Chief Counsel Bob Corn-Revere. “States can’t block adults from engaging with legal speech in the name of protecting children, nor can they keep minors from ideas that the government deems unsuitable.”

    The SCOPE Act would have required social media platforms to register the age of every new user. Platforms would have been forced to track how much of their content is “harmful” to minors and, once a certain percentage is reached, force users to prove that they are 18 or older. In other words, the law would have burdened adults who wanted to view content that is fully legal for adults, serving as an effective ban for those who understandably don’t trust a third-party website with their driver’s license or fingerprints.

    The law also required websites to prevent minors from being exposed to “harmful material” that “promotes, glorifies, or facilitates” behaviors like drug use, suicide, or bullying. That definition was far too vague to pass constitutional muster: whether speech “promotes” or “glorifies” an activity is inherently subjective, and platforms had testified that they would be forced to react by censoring all discussions of those topics.

    Today’s ruling should serve as yet another warning to states tempted to jump on the unconstitutional bandwagon of social media age verification bills.

    “At what point… does alcohol use become ‘substance abuse?’” asked Judge Pitman in his ruling. “When does an extreme diet cross the line into an ‘eating disorder?’ What defines ‘grooming’ and ‘harassment?’ Under these indefinite meanings, it is easy to see how an attorney general could arbitrarily discriminate in his enforcement of the law.”

    FIRE sued on August 16 on behalf of three plaintiffs who use the Internet to communicate with young Texans and keep them informed on issues that affect them. A fourth plaintiff, M.F.,  is a 16-year-old rising high school junior from El Paso who is concerned that Texas is blocking his access to important content.

    Lead plaintiff Students Engaged in Advancing Texas represents a coalition of Texas students who seek to increase youth visibility and participation in policymaking.

    Nope to SCOPE: FIRE sues to block Texas’ unconstitutional internet age verification law

    Press Release

    Texans browsing your favorite websites, beware. If the state has its way, starting next month, the eyes of Texas may be upon you.


    Read More

    “Young people have free speech rights, too,” said SEAT Executive Director Cameron Samuels. “They’re also the future voters and leaders of Texas and America. The SCOPE Act would make youth less informed, less active, and less engaged on some of the most important issues facing the nation.”

    Earlier, Judge Pitman enjoined the content moderation requirements while ruling on a separate lawsuit from the Computer & Communications Industry Association and Netchoice. Judge Pitman ruled in August that Texas “cannot pick and choose which categories of protected speech it wishes to block teenagers from discussing online.”

    “This is a tremendous victory against government censorship, especially for our clients—ordinary citizens—who stood up to the State of Texas,” said Adam Sieff, partner at Davis Wright Tremaine. “The Court enjoined every substantive provision of the SCOPE Act we challenged, granting even broader relief than its first preliminary injunction. We hope this decision will give other states pause before broadly restricting free expression online.”

    Texas lawmakers perhaps could have predicted today’s ruling. Age verification laws have been enjoined by courts across the country in states like CaliforniaArkansasMississippiOhio, and even initially in Texas, in another law currently before the Supreme Court for review.

    “Today’s ruling should serve as yet another warning to states tempted to jump on the unconstitutional bandwagon of social media age verification bills,” said Corn-Revere. “What these laws have in common is that they seek to impose simplistic one-size-fits-all solutions to address complicated problems.” 


    The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

    CONTACT:

    Alex Griswold, Communications Campaign Manager, FIRE: 215-717-3473; media@thefire.org

     

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  • Law professor challenges university after campus ‘shooting’ hypothetical changed in lesson plan

    Law professor challenges university after campus ‘shooting’ hypothetical changed in lesson plan

    Those concerned that law schools are shying away from teaching some areas of law to avoid controversy just got more reasons to worry, this time courtesy of the University of Hawai’i at Manoa and its absurd treatment of law professor Kenneth Lawson.

    Lawson, an accomplished faculty member at UH, used a simple hypothetical to teach the idea of “transferred intent,” a legal concept invoked when a defendant intends to harm one person, but ends up harming a second person instead. As is common in law school, Lawson offered a hypothetical to convey this idea: Imagine if a dean at his institution tried to shoot another dean, missed, and hit Lawson instead.

    Here’s a screenshot from part of his lesson:

    Those who have been to law school will understand that using campus figures to illustrate hypotheticals is not at all unusual, and is intended to add a bit of levity and grounding to what can be pretty esoteric topics.

    But when an anonymous student filed a complaint, calling the hypothetical “extremely disturbing” and citing the context of some shootings near the university’s campus, administrators summoned Lawson to a meeting near the end of last semester. Though they acknowledged he had not violated any university policy, they nevertheless mandated that he remove the thought experiment from a posted video of the class — or they would change it for him

    The ability of administrators to forcibly alter course materials is positively ripe for abuse.

    Lawson hadn’t thought twice about including the example, and had been using the example for years, not simply because it wasn’t unusual but because the protections of academic freedom give faculty wide latitude in determining how to approach controversial or potentially difficult material. When Lawson refused to alter the video of his presentation, given that he had not violated any policy, and using the hypothetical was well within his academic freedom rights, administrators just went on the school’s online curriculum system, where faculty submit presentations, to make the changes themselves.

    Remember: these changes were being made because, supposedly, some found a hypothetical of campus figures being shot to be disturbing. So this is what the administration came up with.

    Slide with an image of law professor Ken Lawson alongside generic man/woman icons

    You will note that there is still a campus figure on that slide, and it’s the person who was (hypothetically) shot: Professor Lawson. Only the deans have been removed. It seems that at UH, some hypothetical victims are more equal than others.

    There’s no denying that this is silly, and many will be tempted to chalk it up as just more campus craziness. But there’s a disturbing wrinkle here, which is that the ability of administrators to forcibly alter course materials is positively ripe for abuse. The university’s administrators have granted themselves unilateral authority to interfere with faculty teaching decisions, despite the fact that UH is a public institution bound by the First Amendment, which views academic freedom, which protects that right, as a “special concern.” If administrators can “memory hole” bits and pieces of curricula they don’t like, even when it violates no rule, where does it stop?

    UH still has an opportunity to do the right thing. It’s easy, too — all it has to do is step back and let faculty teach, and save the video editing for film class.

    FIRE wrote the university on Dec. 13, urging it to reverse course and restore Lawson’s original hypothetical. The university responded in early January, declining to substantively engage with our concerns or detail specific issues with our argument. Lawson, and all UH students, deserve better. As our second letter states: 

    FIRE’s concerns are only amplified by the fact that this alleged capitulation to sensitivity is occurring in a law school. To receive a proper education in the law, students will inevitably encounter difficult topics like sexual assault, homicide, physical assault, domestic violence, and may be faced in school and in their careers with descriptions of personal injuries far more graphic than those in Lawson’s hypothetical. Where do UH administrators draw the line regarding their interference in faculty instruction if they feel free to operate under a nebulous standard of protecting students from “disturbing and harmful” material? 

    Lawson has submitted a grievance about the situation, so UH still has an opportunity to do the right thing. It’s easy, too — all it has to do is step back and let faculty teach, and save the video editing for film class.

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  • VICTORY: FIRE lawsuit leads California to halt law penalizing reporters, advocates, and victims who discuss publicly known information about sealed arrest records

    VICTORY: FIRE lawsuit leads California to halt law penalizing reporters, advocates, and victims who discuss publicly known information about sealed arrest records

    SAN FRANCISCO, Dec. 19, 2024 — A federal court, acting on a stipulation agreed to by the California attorney general and San Francisco city attorney, today halted enforcement of a California law that officials deployed to suppress journalism about a controversial tech CEO’s sealed arrest records. 

    Under the law, any person — including journalists, advocates, witnesses, and victims of crimes — faced a civil penalty of up to $2,500 for sharing public information. The court order results from a First Amendment lawsuit filed by the Foundation for Individual Rights and Expression in November, which led the California attorney general and San Francisco city attorney to agree not to enforce the law while the lawsuit is pending.

    “The press and public have a constitutional right to discuss what’s publicly known,” said FIRE attorney Adam Steinbaugh. “Government officials can’t punish the press and public when officials fail to safeguard information. That responsibility starts and ends with the government.”

    In October 2023, journalist Jack Poulson published articles about a controversial tech CEO’s arrest, sharing a copy of the arrest report sent to him by an unidentified source. The San Francisco Police Department had previously made that report public, even though the executive had successfully petitioned a state court to seal the record. 

    Almost a year after Poulson published the report, the city attorney of San Francisco — working with the tech executive — sent three letters to Poulson and his webhost, Substack, demanding they remove articles and the sealed report. Those letters threatened enforcement of California’s anti-dissemination statute, Penal Code § 851.92(c). The law imposes a civil penalty of up to $2,500 on any person (except the government officials charged with maintaining the secrecy of sealed records) who shares a sealed arrest report or any information “relating to” the report — even if the information is already publicly available.

    Concerned by the implications of the statute, FIRE sued the San Francisco city attorney and the California attorney general on behalf of the Bay Area-based First Amendment Coalition, its Director of Advocacy Ginny LaRoe, and legal commentator Eugene Volokh. Each regularly comments on censorship campaigns precisely like the one the tech CEO and city attorney launched against Paulson and Substack. But the anti-dissemination statute prohibited them from covering the CEO story, even though the information has been publicly available for over a year.

    Today, the court entered a preliminary injunction agreed to by both California and the city attorney that prohibits them from enforcing the law with respect to publicly available information. 

    The preliminary injunction protects not only FAC and Volokh, but anyone — including journalists like Poulson — who publishes information made available to the public. 

    “Discussing and sharing lawfully obtained information about arrests is not a crime — it’s a core First Amendment right,” said FIRE Staff Attorney Zach Silver. “The rich and powerful shouldn’t have the luxury of deploying the government to put their skeletons back in the closet. By standing up for their own rights, the First Amendment Coalition and Eugene Volokh have helped to protect others from facing legal action under California’s anti-dissemination law.”

    The Foundation for Individual Rights and Expression (FIRE) is a nonpartisan, nonprofit organization dedicated to defending and sustaining the individual rights of all Americans to free speech and free thought — the most essential qualities of liberty. FIRE educates Americans about the importance of these inalienable rights, promotes a culture of respect for these rights, and provides the means to preserve them.

    CONTACT:

    Jack Whitten, Communications Campaign Specialist, FIRE: 215-717-3473; media@thefire.org

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  • NO, You Cannot be a Law Professor

    NO, You Cannot be a Law Professor


                                                                         

    About once a year a student comes to my office to ask about becoming a law professor. I have to tell him or her there is virtually no chance and that may be overly optimistic. The reason, of course, is that they are not attending one of a tiny handful  of — mainly expensive private — law schools that produce what people who went to those schools, and are in charge of hiring,  regard as good enough to be law professors. This always seemed odd to me since some of the smartest people I know went to mid level law schools and some of the dumbest and most narrowly educated  (including some law professors) went to the fancy schools.

    Even if they apply to be a law professor they will be quickly vetoed — without so much as a second look — by someone who did go to one of those law schools. Strange isn’t it. The privileged attend the fancy schools, get all puffed up about it but they actually do not think they are very good teachers. How do we know this? Because rarely, if ever, do they think they have been effective enough in class to elevate even the smartest student to be a potential law professor. They must be lousy teachers since they cannot even explain to others what they claimed to have learned in law school themselves.

    So what is up with this. It’s either about rankings or some delusional notion that you have to have gone to a fancy school to be an effective teacher and researcher. I’ve said enough in other blogs about how law schools will sacrifice everything to advance in the rankings. It is the least ethical conduct I have seen in legal education. And, I do not know whether going to a fancy school is correlated with good teaching and research. I once attempted an empirical study of this but could not find enough people who went to non fancy schools to make the study valid.

    So what’s is it really about? It’s about status  and preserving status– anyway you can. Think about it. You’ve spend a few hundred thousand to attend a fancy school and you are a law professor. (And you are sure to remind the students of your days at Harvard or Yale,)  Then someone is hired who did not go to a fancy school and is running circles around you both teaching-wise and research-wise. What does that mean about you? It may mean that you are not so hot after all since some poor schlub from the University of Florida is kicking your elitist ass.

    So don’t feel bad. It’s just a way elitists ensure that the caste system is perpetuated. It has nothing to do with your merit and, most definitely, nothing to do with theirs.

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  • Something is Wrong at UF LAW

    Something is Wrong at UF LAW

     

    The latest Bar exam results show that about 1 of 5 UF law grads fail the bar exam. Maybe that is not so bad but something is amiss.

    First, remember that these students are hand picked because of their high LSAT scores and GPAs in order to raise the school’s ranking. And it has worked. When last reported the School was ranking 21st.

    But there is more. The school, in order to raise its ranking by also increasing bar passage, has an army of people working to make sure students prepare for the bar by pre testing and attending help sessions. But there is more. Students who are in jeopardy of failing are activity encouraged not to take the exam. Yes, if they fail he passing percentage will decline and the ranking might suffer so they are, in effect, urged to put their own goals aside because perusing them might reflect badly on the School,  the elitist, rankings-obsessed dean, the University, and even Desantis yes man, Fuchs. 

    At this point in this little exercise I suppose I am supposed to say what I think is the problem. Frankly, I do not know. The smartest admitted class in the State, educated at a School ranked leaps and bounds above any other in the State, with extreme hand-holding when it comes to bar prep, and with a relentlessly elitist hiring policy still does so poorly. Actually, maybe I did just say what is wrong. You’ve got to wonder what is going on in the classroom. 

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  • CLASS BIAS AND RANDOM THINGS LAW REVIEW: Excerpt from In the Company of Thieves: The Senator’s Visit

    CLASS BIAS AND RANDOM THINGS LAW REVIEW: Excerpt from In the Company of Thieves: The Senator’s Visit

     

    The
    Senator

    [This is an an excerpt from the diary of one of
    my more elitist colleagues. (Reprinted with Permission) The particulars of the story were generally well
    know  by every one including me but I
    will let him tell it in his own words. [I have changed the name of the Senator involved because I cannot guarantee all the facts.]

    At Nine couple of weeks ago, I received the following
    from Dean Bob:

    Memorandum

    To: Professor Harris

    From: Dean Bob

    Date: February 7, 2007

    Re: Visit of Senator Faceworth

    As you are aware [I was not aware]
    the Law School has invited Senator Jerry Faceworth to guest lecture for two
    weeks on the subject of Labor Law. I would like to you to serve as his host
    during this time. I know you have many commitments [actually I don’t] but we
    need to put our best foot forward given that Senator Faceworth has recently
    announced his candidacy for President of the United States.

    Please advise me of your availability
    as soon as it is convenient. Senator Faceworth arrives on February 15th.

    I
    responded right away feeling kind of honored. Playing host to an honest to
    goodness presidential candidate sounded like it would be fun.

    So let’s  start with Senator Faceworth. First you should know that I read in the Times
    that in response to some questions about his private life he dared reporters to
    follow him around. “You will regret it. The boredom will be
    intolerable.”

    He
    arrived by private jet. A squadron of reporters arrived soon thereafter and
    more were waiting at the hotel when I took him there at about 8 P.M. I gave him
    my cell number and the phone rang a midnight just as I was dozing off.
    “Let’s have a drink,” he said. “I’ll be at the service ramp. Be
    here in 15 minutes” I was and found him, a knit cap pulled low and
    wrap-around sun glasses. He was very direct about wanting to go to a student
    “club.” I had no idea where to take him but drove him to a part of
    town with student bars. We parked and went into something called the
    “Music Store.” Average age 21. By now, if you know Senator Faceworth,
    you know what happened. After 30 minutes he found me. He wanted to go back to
    his room. “Of course,” I said, not realizing that the two coeds – one
    on each arm – were to accompany him. So, at 1:00 A.M. I left him as he and his
    new playmates quickly scrambled from the car and darted for the service
    elevator. This cannot be good. And, he is here for three weeks.

            The
    next night the same midnight call and it was off to the same bar. This time he
    emerged with two more pals.  The next day Dean Bob picked up the Senator in the hotel lobby – again was the ever
    present   swarm of reporters–  and took him to school. My assignment? Go to
    the service entrance and pick up his two companions from the previous night —
    Heather and Misty. They piled in the car and immediately said. “Jeffy, Gar-Gar told us you
    would take us to breakfast and for tanning.” And I did. What could I do? I
    wore dark glasses but I was a little nervous about the car that seemed to be
    following.

            So you get the drift. The
    man who said people would be bored if they following him was and absolute hound
    for college girls. And this went on non stop. Well non stop until some rapidly
    unfolded events.

    The
    Senator is off to Bimini for the week end and I am sleeping.

    Senator
    Faceworth evidently came back late last night, having taken Monday off. Judging
    by his sun burn, the trip to Bimini was a success. Now he is followed by a
    caravan of pink faced reporters. The cocktail party in is honor is this
    Thursday. He has not thanked me for the selection of single malt scotches in
    his office. I am beginning to look forward to his departure. I have had
    way too many Heathers and Jennifers to escort back to their apartments or
    dorms.

    Two
    more midnight calls from Faceworth and four more Gingers or Kimberlys — who
    knows, who cares. Even though I pick him up at the loading dock of the hotel
    and he has his stocking cap pulled low, it is not always fool proof. Last night
    at what has become his favorite bar I spotted a pink-faced reporter who I
    recognized from the caravan of cars that following us each day. He definitely
    saw Faceworth and then left hurriedly.

    Faceworth
    finally made his break back to Bimini for the weekend. This time he took two
    Jennifers who were on the same flight to Miami. I took all three to the airport
    but dropped them at different places. At one point we were almost spotted by
    reporters and Faceworth hit the floor while the Jennifers giggled and did other
    unmentionable things.

     I am not cut out for this!! Word has leaked
    out among the faculty and today someone accused me of “pimping” for
    Gerard.

    You know the routine. A
    midnight run and two Jennifers each night.
    I find it very annoying that on our trips to the clubs the Senator sits in the
    back seat and rarely speaks to me. On the way back, he is in the back with his
    pals.
        Faceworth  left Thursday late for Binimi, too early the see the following article in
    today’s Ivyville Sun. First you should know that that there is big photo on Faceworth on the front page leaving his regular bar at 1:00 with two Jennifers,
    miniskirts and cowboy boots. I am in the photo just barely. The caption:
    Senator Gerard Faceworth parties with friends and an unidentified law
    professor.

    The article:

    “Senator Gerard Faceworth, a
    visiting professor at the Ivyville Law School, has been photographed with two
    companions leaving the Campus Buzz, a popular late night gather place for
    Ivyville singles. Senator Faceworth only recently challenged reporters to
    follow him around after rumor emerged that he is something of a
    “womanizer.” According the regulars at the Buzz, Senator Faceworth
    has been in the club several nights, usually escorted by a law professor. The
    routine is that he arrives soon after midnight and leaves by 1:00 A.M. with one
    or two college aged women. The hotel management where the Senator is staying
    declined comment. The identity of his law professor host is currently being
    examined.”

            I am happy to report that Faceworth  called in Monday morning to say that he would be unable to finish his
    three week teaching assignment here. The Ivyville Sun article about his late
    night activities — as surely you know — has gone national, even
    international.
            Reporters are everywhere wanting to know the details and trying to identify his
    mysterious law professor escort. So far no one on the faculty had identified
    me.

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