The American Association of University Professors is working to preserve speech rights for faculty members nationwide in its new campaign, “Speak Up, Speak Out: Protect the Faculty Voice.”The campaign seeks to educate faculty members about their rights and potential dangers they face regarding speech restrictions, as well as to encourage them to examine and update institutional policies on what they are allowed to say about their “official duties,” said Kathi S. Westcott, AAUP associate counsel.The campaign was inspired by the 2006 Supreme Court decision in Garcetti v. Ceballos, according to a Nov. 11 AAUP news release. That case came up when a deputy district attorney in California sent out an internal memo criticizing the way evidence was being handled, and he was reprimanded for speaking out.”The Supreme Court decision said when public employees are talking about issues in their official setting in pursuit of their official duties, that communication is not protected by the First Amendment,” Westcott said.University faculty members are “public employees,” and therefore lost part of their free speech protection, Westcott said. “Suppose someone is dismissed from a job for having spoken out on an issue,” said Kevin Cope, Faculty Senate president. “If that’s in the context of performing ‘line of duty’ work … you can’t make a claim on the grounds of free speech.”Westcott said the “official duty” label only applies to work-related issues.”It’s not just that your employer is mad at you because you like purple grapes as opposed to green grapes,” Westcott said. “It’s that you are raising concern about the job.”It is typically understood faculty members have more freedom when teaching a lesson or giving an academic lecture, Westcott said.”What you’re saying in the classroom when you’re standing in front of 50 students is historically protected by the concept of academic freedom,” Westcott said. Before the Supreme Court decision, the First Amendment protected faculty members when they spoke about the governance of the University.Cope said faculty having a voice is especially important during the current financial uncertainty and possible academic restructuring at the University.Westcott said she agrees. She said faculty members often know best about what a school needs and should be allowed to talk about it.”[Faculty] are the ones engaging in the day-to-day of issues,” she said. “It’s imperative for them to be bale to engage in discussions about how to restructure or where to make cuts.”—-Contact Ryan Buxton at [email protected]
AAUP defends speech freedom
November 12, 2009