Search for: "Keith E. Whittington" Results 41 - 60 of 209
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7 May 2018, 7:09 am by Randy Barnett
Howard Gillman Rehabilitating Lochner: Defending Individual Rights against Progressive Reform by David E. [read post]
7 Feb 2024, 7:40 am by Keith E. Whittington
[An open letter released today from the AFA, HxA, and FIRE] Today the Academic Freedom Alliance, Heterodox Academy, and the Foundation for Individual Rights and Expression released a joint open letter calling for universities to adopt a policy of institutional neutrality. From the letter: A useful maxim to guide decision makers is "if an academic institution is not required to adopt a position in order to fulfill its mission of intellectual freedom or operational capacity, it is required not… [read post]
6 Aug 2025, 3:36 pm by Keith E. Whittington
[My new paper thinking through the political calculus of independent universities] Public and private universities are currently being scrutinized by politicians and political activists in ways that they have not been in many years. Moreover, government officials at both the state and federal level are intervening in the internal affairs of universities in ways that are nearly unprecedented. These political interventions were predictable (indeed, I was among those predicting them), but they pose… [read post]
6 Sep 2022, 1:36 pm by Keith E. Whittington
[The first government official has been removed by judicial order for participating in the January 6th "insurrection"] One of the lingering issues arising from the events of January 6, 2021 has been whether it would resuscitate the little used Section Three of the Fourteenth Amendment. Section Three provides: No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any… [read post]
26 Jan 2023, 6:45 am by Keith E. Whittington
[Some cause for concern] Florida Governor Ron DeSantis has been hammering away on higher education in Florida. He clearly sees this as a winning electoral issue as he prepares himself for the Republican presidential primary, and he is no doubt right that there is a lot of conservative anger out there (some (much?) of it justified) about the state of American higher education. The way he has approached the issue is cause for alarm, however, for those who care about academic freedom. I have a new… [read post]
25 Jan 2022, 11:02 am by Keith E. Whittington
A long article in Indianapolis Monthly looks at recent turmoil at Liberty Fund. It details internal controversy over a "strategic refresh," changes in leadership and personnel, and the direction of the Law & Liberty blog. Over the years, I've participated in many Liberty Fund events and have contributed to Liberty Fund publications, but I'm hardly an insider over there and the details in the report were news to me. Liberty Fund has been a fairly unique and highly valuable… [read post]
23 Feb 2024, 10:26 am by Keith E. Whittington
[My new article in the print issue of Reason on how things could get weird] It has been awhile since I've had a piece in a print issue of Reason, and I'm particularly delighted that this time I get cool cover art. The article is now available digitally (but of course you should also subscribe to the print magazine, if you do not already do so). From the article: It is a decent bet that none of his criminal trials will reach a conclusion before November. But there is a genuine possibility… [read post]
9 Jul 2021, 9:30 pm by ernst
We did not note until quite recently the symposium published in 2020 in Constitutional Commentary on Keith [read post]
22 Jun 2024, 10:33 am by Keith E. Whittington
[My response to Harvard's Dean Lawrence Bobo] On June 15, Harvard's Dean of Social Sciences published an op-ed in the Harvard Crimson arguing that professors could properly be punished for saying things in public that might "incite" outside actors—like alumni and donors—to "intervene in Harvard's affairs." The subtext seemed to be that faculty who spoke out about the leadership of the dean's ally, the former president Claudine Gay, should be… [read post]
10 May 2024, 4:54 am by Keith E. Whittington
[No] This is specific to Princeton in its context, but I thought my new op-ed would be of broader interest given the encampments across the country and the many activists on and off campus who are insisting that universities must come to the table to meet their "demands" and must not punish or arrest students who violate university rules and criminal laws. From my op-ed in The Daily Princetonian: Rules and laws exist for a reason, even on a university campus. Sometimes it might be… [read post]
13 Dec 2023, 11:29 am by Keith E. Whittington
I have a new piece at The Dispatch on the antisemitism hearing in the House Committee on Education and the Workforce and the poor performance of the presidents of the University of Pennsylvania, Harvard University, and MIT. From the piece: The presidents' bad hand in the hearings did not stem from a lack of hate speech regulations. Rather, it was due to the terrible track record that American universities have regarding principled free speech positions on campus. Harvard ranked dead last in the… [read post]
15 Sep 2023, 1:49 pm by Keith E. Whittington
[A member of Congress weighs in, and the university president speaks out] Before the start of the Fall semester, I noted that an assistant professor in the Department of Near Eastern Studies at Princeton University was mired in a controversy over a book that she had assigned for an upcoming class. The university was receiving demands that the book be banned from the class, and in some cases that the professor be fired for good measure. The book, The Right to Maim, was characterized as antisemitic… [read post]
27 Mar 2023, 7:40 am by Keith E. Whittington
[Observing Israel (and the United States) through the lens of political science] Empirical social science does not take independent judiciaries as a given. Judicial independent might be normatively valuable, and it might even be enshrined in a constitution, but realizing and maintaining an independent judiciary is a long-term political project. Moreover, as Alexander Hamilton pointed out, judiciaries are a relatively weak branch of government, which suggests that their effective independence is… [read post]
19 May 2022, 9:11 am by Keith E. Whittington
[My new article on academic freedom now online at the Houston Law Review] This fall I participated in the annual Frankel Lecture symposium at the University of Houston Law School. The topic was on academic freedom and diversity, and the lecture was delivered by Jeannie Suk Gersen of Harvard Law School. I provided a response, along with Khiara M. Bridges of Berkeley Law School. The articles from the symposium have now been published online and printed in the latest issue of the Houston Law Review.… [read post]
5 Jan 2022, 9:55 am by Keith E. Whittington
[This should be a high priority for the current Congress] I want to call attention to an excellent op-ed in the Washington Post outlining a framework for reform of the Electoral Count Act. The Electoral Count Act is an 1887 federal statute that governs the process by which presidential electoral votes are transmitted to Congress and officially counted. It is a cumbersome statute that has long needed reform. The 2020 election has demonstrated how the statute can be exploited to steal an election, to… [read post]
16 Nov 2021, 6:27 am by Keith E. Whittington
[The university relents but policy reform is needed to better protect academic freedom] As previously discussed, the University of Florida created a huge controversy by attempting to bar its professors from testifying as expert witnesses in a lawsuit against the state of Florida. The Academic Freedom Alliance was among the groups the rebuked the university for this violation of academic freedom. The university has now fully backed down.  The AFA released the statement below. The Academic… [read post]
29 Aug 2023, 5:50 am by Keith E. Whittington
[An Israeli minister demands that Princeton University prohibit a professor from assigning a controversial book] It is not every day that a government minister writes to an American university president demanding that a book be immediately removed "from the curriculum of any of its courses" and "conduct a thorough review of the academic materials" used in its classes. But such is the demand that Israeli Minister of Diaspora Affairs and Combating Antisemitism has issued to… [read post]