Search for: "Keith E. Whittington"
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11 Jun 2025, 11:47 am
[An explainer from Brian Galle] A new episode of the Academic Freedom Podcast has been released. The podcast is sponsored by the Academic Freedom Alliance and the Center for Academic Freedom and Free Speech at Yale Law School. This episode features a conversation with Brian Galle, the Agnes Williams Sesquicentennial Professor of Tax Policy at Georgetown University Law Center, an expert on taxation and nonprofits. Galle recently served as a senior fellow in the division of corporation finance at the… [read post]
2 Apr 2025, 6:17 am
After several high-profile examples of university students having their authorization to study in the United States revoked and of international scholars being turned away at the border, the Academic Freedom Alliance has released a statement on the deportation of foreign scholars and students. There are clearly circumstances in which foreign nationals can and should be expelled from the country, but the administration's actions have had the effect of dampening lawful but politically disfavored… [read post]
20 Mar 2025, 5:26 am
[Is the experiment over?] The University of California is the godfather of the use of so-called diversity statements in faculty hiring. I have a piece forthcoming at the Nebraska Law Review arguing that such diversity statement requirements for general faculty hiring at state universities violate the First Amendment and violate academic freedom principles everywhere. It seems quite likely that in practice such diversity statement requirements are also used to facilitate illegal racial discrimination… [read post]
6 Apr 2018, 9:30 pm
4:00 p.m., and, on April 9, at 4:30 pm, Speak Freely: Why Universities Must Defend Free Speech, by Keith [read post]
15 Feb 2017, 4:00 pm
Keith E. WhittingtonThe Trump administration is doing it wrong. [read post]
10 Dec 2024, 6:50 am
American and British history, congressional practice, and the language of the Constitution itself, Whittington [read post]
16 Jul 2023, 8:44 am
I am pleased to see that my latest article on the efforts of state legislatures to restrict what ideas professors can endorse in the classroom has now been published. "Professorial Speech, the First Amendment, and Legislative Restrictions on Classroom Discussions" appears in the latest issue of the Wake Forest Law Review. From the abstract: Academic freedom enjoys an uncertain status in American constitutional law under the First Amendment. It is particularly unclear how the First… [read post]
28 Feb 2023, 5:06 am
[A poorly drafted and conceptually ambitious upending of norms of state university independence] Over in Chronicle of Higher Education, I have a new piece examining HB 999 in the Florida legislature and its implications for the future of Republican politics around higher education. From the piece: State universities have never been perfectly independent from political pressure. They are ultimately creatures of the state and dependent on the good graces of political leaders. But American universities… [read post]
2 Feb 2023, 10:36 am
[Should conservatives worry about breaking the norm of political non-interference with state universities?] Jennifer Frey, a philosopher at the University of South Carolina, had a very interesting tweet in response to the Ron DeSantis higher education reforms unveiled yesterday. I guess some people think Florida will be in Republican hands forever. I'm gonna go out on a limb and question that. People who cheer on state control of universities might be singing a different tune when power… [read post]
1 Dec 2021, 7:26 am
[Academic Freedom Alliance rebukes UIC for its treatment of Professor Jason Kilborn] Nearly a year ago, University of Illinois at Chicago law professor Jason Kilborn came under criticism from students, administrators and colleagues for including a hypothetical on his civil procedure exam involving an individual telling an investigating lawyer that former co-workers "expressed their anger at Plaintiff, calling her a "n____" and "b____" (profane expressions for African… [read post]
10 Nov 2021, 8:55 am
[Symposium issue in Constitutional Commentary now publicly accessible] I am pleased to see that the symposium issue of Constitutional Commentary focusing on my book, Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present, is now publicly available. The symposium fills Issue 1 of Volume 35 of the interdisciplinary journal, and it can be accessed here. It features contributions by Sandy Levinson, Leslie Friedman Goldstein, Julie Novkov, Mark Graber, John Compton, and me.… [read post]
13 Nov 2019, 12:47 pm
Kinkopf and Keith E. [read post]
31 Jul 2023, 7:38 am
[Professor suspended for criticizing policies of Texas lieutenant governor] The Academic Freedom Alliance released a public letter to the Texas A&M University System regarding its suspension and investigation of Prof. Joy Alonzo for statements she made as a guest lecturer in a class about the policies of Texas Lt. Governor Dan Patrick. Patrick is well known for his attacks on higher education, recently pushing to ban tenure at state universities. Texas A&M was quick to try to mollify him… [read post]
27 Mar 2023, 12:27 pm
An English professor at Wayne State University apparently had an overheated reaction to the fiasco at Stanford Law School. He thought the protesters did not go far enough, and he took to Facebook to say so. "I think it is far more admirable to kill a racist, homophobic, or transphobic speaker than it is to shout them down,"he began, and he concluded with "The exemplary historical figure in this regard is Sholem Schwarzbard, who assassinated the anti-Semitic butcher Symon Petliura,… [read post]
10 Mar 2023, 9:18 am
I noted earlier that the Republican majority leader in the lower chamber of the North Dakota state legislature had introduced a bill that would effectively gut faculty tenure in the state's public universities. The bill has passed the House and is now awaiting a committee hearing in the Senate. HB 1446 has been amended to pull back somewhat on the ambitions of the initial version, but it remains an extraordinary proposal. The text of HB 1446 can be found here. I have submitted written testimony… [read post]
9 Jan 2023, 3:44 pm
[Legislative restrictions on ideas and viewpoints that can be advocated in the classroom undermine free inquiry] The Academic Freedom Alliance has issued a new guidance statement. It calls for an end to policies designed to restrict the advocacy or discussion of "divisive concepts" in university classrooms. President Donald Trump issued Executive Order 13950 on September 22, 2020, which prohibited federal workplace training programs that taught, advocated, or promoted any "divisive… [read post]
3 Jan 2023, 8:22 am
[Art history professor fired for showing class a famous Persian art work depicting the Prophet Muhammad] The Academic Freedom Alliance released a statement regarding the decision of Hamline University to fire an instructor for showing a class in global art history a picture of a medieval Persian painting depicting the Prophet Muhammad. This is an appalling violation of academic freedom. The painting in question is widely regarded as an important work of art in the Persian and Islamic traditions, and… [read post]
17 Oct 2022, 5:30 am
[Organic chemistry professor fired because students at NYU thought the grades were too harsh] The Academic Freedom Alliance released a statement regarding the decision of New York University not to renew the contract of organic chemistry professor Maitland Jones. Professor Jones retired from Princeton University after a celebrated career as both a scholar and a teacher. For the past few years he has continued to teach organic chemistry at New York University. Like many contingent faculty, he has… [read post]
25 Apr 2022, 8:05 am
[Religion and philosophy professor removed from directing a scholarly center for inviting Peter Singer to give a public lecture.] The Academic Freedom Alliance released a public letter to San Diego State University calling on the university to reaffirm the academic freedom of religion and philosophy professor Edmund Santurri. Santurri has long served as the director of the Institute for Freedom and Community at St. Olaf. The Institute encourages inquiry and debate into contemporary political and… [read post]
20 Apr 2022, 11:43 am
[A conversation with David Rabban about the scope of protections for extramural and intramural speech] A new episode of The Academic Freedom Podcast from the Academic Freedom Alliance is now available. Subscribe through your favorite platform so you don't miss an episode. In this episode I talk with David Rabban about controversial public speech by professors and the scope of protection that such speech should have and does have under common university policies. Whether such speech should be… [read post]
