University of Idaho faculty recently voted in favor of broadening the scope of their academic freedom on campus and include an explicit right of free speech on matters of faculty governance.

Hopefully, it will include the rights of free speech for the conservatives among their number.

Patricia Hartzell, chair of faculty senate, said there were 173 faculty members who voted in favor of the policy change at Tuesday’s all-faculty meeting.

Pending approval from the UI Board of Regents, the passed language guarantees UI faculty members can exercise their right of free speech in regard to faculty governance, programs and university policies without fear of being reprimanded.

“It adds the phrase ‘faculty are entitled to speak or write freely without institutional discipline or restraint on matters pertaining to faculty governance and university programs or policies,’” Hartzell said.

Professor Emeritus of Philosophy Nicholas Gier said he introduced the free speech issue to faculty affairs in November 2012.

Although Gier’s not a voting faculty member, he attended the all-faculty meeting to champion for the policy change and provide context for faculty members who weren’t familiar with state and national laws regarding the free speech of public employees.

“In 2006, the Supreme Court made a decision — the case was Garcetti v. Ceballos, a 5-4 decision — and they ruled that public employers can limit their employees’ constitutional right to free speech in the performance of their official duties,” Gier said.

He said two Justices — Anthony Kennedy and David Souter — mentioned university faculty might be exempt from the court decision due to academic freedom.

“Even with the qualification of two of the justices, Garcetti v. Ceballos was used in support of firing dozens (of faculty members) for speaking out in terms of faculty governance,” Gier said.

Gier said the freedom of speech issue hit close to home when an Idaho State University professor, Habib Sadid, was disciplined for speaking out against university policies and procedures.

“If ISU had the language that we are now proposing for the U of I in place in 2009 before he was fired for insubordination, he would still be teaching,” Gier said.


 
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Faculty free speech (The Argonaut)