Council of UC Faculty Associations Statement on "Civility" and Academic Freedom

Just found this in my inbox:

On Friday Sept. 5, Chancellor Dirks of UC Berkeley circulated an open statement to his campus community that sought to define the limits of appropriate debate at Berkeley. Issued as the campus approaches the 50th anniversary of the Free Speech Movement, Chancellor Dirks' statement, with its evocation of civility, echoes language recently used by the Chancellor of the University of Illinois, Urbana and the Board of Trustees of the University of Illinois (especially its Chair Christopher Kennedy) concerning the refused appointment of Steven Salaita. It also mirrors language in the effort by the University of Kansas Board of Regents to regulate social media speech and the Penn State administration's new statement on civility. Although each of these administrative statements have responded to specific local events, the repetitive invocation of "civil" and "civility" to set limits to acceptable speech bespeaks a broader and deeper challenge to intellectual freedom on college and university campuses.

CUCFA Board has been gravely concerned about the rise of this discourse on civility in the past few months, but we never expected it to come from the Chancellor of UC Berkeley, the birthplace of the Free Speech Movement. To define “free speech and civility” as “two sides of the same coin,” and to distinguish between “free speech and political advocacy” as Chancellor Dirk does in his text, not only turns things upside down, but it does so in keeping with a relentless erosion of shared governance in the UC system, and the systemic downgrading of faculty’s rights and prerogatives. Chancellor Dirks errs when he conflates free speech and civility because, while civility and the exercise of free speech may coexist harmoniously, the right to free speech not only permits, but is designed to protect uncivil speech. Similarly, Chancellor Dirks is also wrong when he affirms that there exists a boundary between “free speech and political advocacy” because political advocacy is the apotheosis of free speech, and there is no “demagoguery” exception to the First Amendment.

Before the slippery slope of civility discourse we remark that the right to free speech is not limited to allowing the act of speaking or engaging in communicative actions to express ideas publicly, nor is it contingent on the notion that anyone else needs to listen, agree, speak back, or “feel safe.” The right to free speech is constituted through prohibitions on the infringement of speech by the state and other public institutions and officials. Moreover, while civility is an ideal—and a good one—free speech is a right. The right to free speech does not dissipate because it is exercised in un-ideal (un-civil) ways.

Second, we underline that the right to freely speak on public and institutional issues is one of the three pillars of academic freedom. Academic freedom is a specific—though not exclusive—right of professors. The three pillars of academic freedom that extend to individual members of the professorate are: (1) the freedom to conduct and disseminate scholarly research; (2) the freedom to design courses and teach students in the areas of their expertise; and (3) the right to free speech as laid out in the 1940 Statement of Principles of Tenure and Academic Freedom which in this context prohibits the professional penalization of professors for extramural speech. Ensuing from academic freedom is the right and duty of faculty to decide, collaboratively and individually, standards and thresholds for teaching and research, without interference from administrators, alumni, or donors. Those determinations are based on standards of scholarly excellence and achievement, which manifest through hiring, academic publishing, and peer review processes in which an individual’s academic record is judged by peers. Those who administer institutions of higher learning bear a responsibility for the protection of academic freedom, which includes free speech in the ways described here.

The University of California bears an especial burden to respect these rights. For the rights of academic freedom and the 1st Amendment right to free speech cohere in a way peculiar to a public university. As a public university the University of California is called upon to affirm not only the guild rights of Academic Freedom but the more expansive rights of the 1st Amendment—which after all, are possessed by students and staff as well as faculty.

On the basis of all of the above, CUCFA Board deems necessary to release the following declaration and to ask its members, and all UC faculty to press their Senates to pass it as a resolution:

Taking note of the concurrent rapid growth in non-academic administrative positions in most colleges and universities and the significant reductions in state/government funding for public universities during the last decade,

Concerned by numerous accounts across the United States of senior administrators, management, boards of trustees, regents and other non-academic bodies attempting to influence, supervise and in some cases over-rule academic hiring, tenure and promotion decisions, as well as policy and evaluatory decisions traditionally under the purview of Academic Senate and other faculty bodies,

Concerned further by the attempts of senior administrators in the UC system and at many universities across the United States to narrow the boundaries of academic freedom and permissible speech by faculty, students and other members of the university community, and, in particular by the inappropriate and misleading appeal to concepts like “civility” and “collegiality,” deceptively used to limit the “right” to free speech, and as criteria for hiring, tenure, promotion and even disciplinary procedures,

We reaffirm,

That all professional evaluations related to hiring, tenure, and promotions of either present or potential faculty are the sole purview of designated committees composed of faculty members, department chairs, and deans as peers and/or academic supervisors of anyone under review and/or evaluation,

That senior campus and University/system-wide administrators, as well as Regents and other governing boards, or donors to the university and/or its foundation(s), do not have any right to interfere in these processes, and that final decisions on appointment and promotion must be based solely on information in the candidate's file that is related to established categories of teaching, research, and service and that has been added by established procedures of peer academic review.

That we oppose any insinuation that civility, per se, be added either formally or informally as a valid category in the academic personnel process, as well as any attempt by external parties, including donors to the university, government officials, or other forces, to interfere in any personnel decisions, especially through the threat of withholding donations or investments should certain academic policies or personnel decisions be made.

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(CUCFA -- The Council of University of California Faculty Associations -- is a coordinating and service agency for the several individual Faculty Associations -- associations of UC Senate faculty -- on the separate campuses of the University of California, and it represents them to all state- or university-wide agencies on issues of common concern. It gathers and disseminates information on issues before the legislative and executive branches of California's government, other relevant state units dealing with higher education, the University administration, and the Board of Regents.)

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Personal note: I [ES] think the final clause is too strongly put, if it's intended to express the view that civility should never be a factor in hiring decisions. In my view, it's sometimes reasonable, in hiring, to consider factors like collegiality and the type of classroom atmosphere that a professor encourages, and civility can sometimes be a factor in that.