UPDATE: The published letter is here.
...which I noted yesterday. Here's the letter to the editor I sent to CHE:
To the Editor
Rutgers law professor Stacy Hawkins writes that, “The First Amendment, and the principle of academic freedom which emanates from it, is not exempt from the rule that no right is absolute.” The First Amendment protection for academic freedom, however, only applies to faculty at public universities; faculty at private universities typically enjoy a contractual commitment from their university to protect academic freedom pursuant to the AAUP definition. Employers can not violate contractual rights because they want to pursue other objectives incompatible with them: it is thus false that “academic freedom may sometimes…need to cede to the responsibility academic administrators have to effective the institutional commitment to diversity, equity and inclusion.” Academic administrators who take that approach are breaching a contract with their employees. (Many public university faculty, it should be noted, also enjoy contractual protection for academic freedom.)
Even in cases where the First Amendment does apply, there are, as Professor Hawkins presumably knows, hardly any exceptions to its protection when it comes to punishing speech based on its content (e.g., because it offends against diversity values). There is certainly no “diversity” exception to the First Amendment, just as there is no “hate speech” exception. So the whole “balancing interests” framing of this essay is completely beside the point.
Recent Comments