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EDUCATION

In Blow to Academic Freedom, Court Rules Universities Can Punish Faculty for ‘Lack of Collegiality’By Jeff Zymeri

https://www.nationalreview.com/news/in-blow-to-academic-freedom-court-rules-universities-can-punish-faculty-for-lack-of-collegiality/?utm_

The Fourth Circuit Court of Appeals ruled Thursday that a public-university faculty member can be punished for the “lack of collegiality” he purportedly showed when he criticized a higher-ed-degree program for prioritizing social justice over scholarship.

To academic-freedom advocates, the decision is a blow, and there are fears the “collegiality” rationale could chill unpopular speech at universities throughout the country.

By a vote of 2-1 in Porter v. Board of Trustees of North Carolina State University, the court ruled against professor Stephen Porter of NCSU, who had been removed from a degree program for complaints he made during a 2016 department meeting, in a spring 2018 email to colleagues, and in a personal blog post written that fall.

According to Porter, “the field of higher education study is abandoning rigorous methodological analysis in favor of results-driven work aimed at furthering a highly dogmatic view of ‘diversity,’ ‘equity,’ and ‘inclusion.’” He also called an academic conference in his field a “woke joke.”

Porter was accused of “bullying” his colleagues, and it was suggested he leave the degree program in question. The professor was soon forcibly removed. Porter also claimed his colleagues were making it impossible for him to recruit new doctoral advisees, jeopardizing his tenure.

Appeals Court Rules University Can Punish Professor for Criticizing ‘Diversity’ Hiring George Leef

https://www.nationalreview.com/corner/appeals-court-rules-university-can-punish-professor-for-criticizing-diversity-hiring/?utm_source=recirc-desktop&utm_

The academic left has no tolerance for faculty members who aren’t all in favor of the DEI agenda. It will look for any pretext to punish those who dare to disagree.

That was the case at North Carolina State where Professor David Porter complained about a departmental hire that he thought was ill-advised, done just to increase “diversity.” That bit of honesty caused the university to punish him. Porter sued, but the Fourth Circuit, in a 2-1 ruling, held that the university was in the right.

Hans Bader examines the case in this Liberty Unyielding post. 

A slice:

Yet the Fourth Circuit ruled that the professor’s email about a diversity-oriented faculty search, which complained that a colleague ‘cut corners [in] vetting’ a black finalist ‘out of a desire to hire a Black scholar whose work focused on racial  issues,’ was not on a matter of public concern — and thus not protected by the First Amendment, because it (a) ‘was an unprofessional attack on one of [his] colleagues,’ and (b) was ‘sent only to other faculty members.’ This “unprofessionalism” claim is diametrically at odds with the Supreme Court’s Rankin decision saying that ‘the inappropriate…character of a statement is irrelevant to the question whether it deals with a matter of public concern.’

Majority of Black People Support Supreme Court Ban on Affirmative Action More black people say affirmative action puts them at a disadvantage than an advantage. Daniel Greenfield

https://www.frontpagemag.com/majority-of-black-people-support-supreme-court-ban-on-affirmative-action/

While the bulk of the mainstream media coverage of the Supreme Court decision banning colleges from basing college admissions on race consists of the expected leftist hysteria and propaganda, a small number of inside baseball stories largely aimed at talking Dems down from the high ladder, tell the truth.

You would never know it from most of the media’s coverage but the vast majority of Americans oppose using race to decide who gets into college.

84% of white adults oppose colleges considering race or ethnicity when deciding which students to accept

81% of Hispanics oppose it

76% of Asians oppose it

So do 71% of blacks

Asians are not even the top non-white group to oppose racial discrimination in college admissions, Hispanics are.

Black people, on whose behalf the whole affirmative action college debate has been waged, oppose it 71% to 28% and they’re the group most favorably inclined to it.

Awkward. Obviously.

Strikingly, black people don’t much like affirmative action and a majority backed the Supreme Court decision.

Indeed, more of them actually approved of the decision (more than 4 in 10) than disapproved (fewer than 4 in 10). And more Black Americans “strongly” approved (31 percent) than disapproved (26 percent).

Tal Fortgang Hollow Words After the Supreme Court’s ruling in Students for Fair Admissions, law schools belatedly (and unconvincingly) assert the importance of viewpoint diversity.

https://www.city-journal.org/article/law-schools-hollow-commitment-to-viewpoint-diversity

Just hours after the Supreme Court announced its decision in the Students for Fair Admissions cases, the president of NYU, from whose law school I recently graduated, sent out an email to alumni, announcing on behalf of the institution that June 29—the date that race-based admissions schemes were found to violate the Constitution’s guarantee of equal protection for all—was “a difficult day,” because “diversity is a core part of our identity.” Nonetheless, NYU would find a way to stand defiant: “we will not forsake our commitment to building and sustaining a scholarly community that is diverse and inclusive, a community to which you all rightly belong.”

Peer institutions sent similar messages to their alumni and posted on social media. Georgetown, though “deeply disappointed,” vowed that it would continue “ensuring that the full range of voices, histories and experiences are included in our academic community.” Yale “emphatically” affirmed that it remained “fully committed to creating an inclusive, diverse, and excellent educational environment” and “to ensuring that our university is home to a diverse range of ideas, expertise, and experiences.” The University of Southern California’s statement stood out for its flair. The Court’s decision was “very disappointing,” but USC would carry on providing an atmosphere “where differing backgrounds and points of view are embraced, where ideas collide, beliefs are challenged, and innovation thrives.”

Paragraph break, for flourish: “We will not go backward.”

Apparently our best and brightest missed the glaring contradiction at the heart of their messages. While lamenting a decision that they say strikes at their ability to foster, for instance, “a diverse range of ideas, expertise, and experiences,” they all take the same institutional position on a highly contested issue. Do USC students who agree with the Court’s decision—who would, if the student body reflected national opinion on the issue, constitute at least half the student population—feel that their university welcomes a point of view that their administration equates with backwardness? Does Yale advance its mission of hosting a “diverse range of ideas” by announcing that it considers a 6-3 majority’s decision beyond the pale?

There’s nothing racist about ending affirmative action The US Supreme Court has put an end to a genuine form of ‘systemic racism’. Wilfred Reilly

https://www.spiked-online.com/2023/07/05/theres-nothing-racist-about-ending-affirmative-action/

Race-based affirmative action, in US colleges at least, is over.

At the end of last week, the Supreme Court ruled that race cannot be used as a weighting factor in the collegiate admissions process. This brings an end to the era when an Asian applicant would need a far higher score to get into Harvard than a black applicant.

The Supreme Court case centred on the affirmative-action policies of Harvard University and the University of North Carolina (UNC). But the court’s judgement will also affect the more than 40 per cent of US universities that currently take race into account in admissions. In his majority opinion, Chief Justice John Roberts said that UNC’s and Harvard’s affirmative-action programmes ‘lack sufficiently focussed and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful endpoints’.

It was a blunt verdict, and one from which Ketanji Brown Jackson and Sonia Sotomayor dissented in almost histrionic terms. According to Sotomayor, ‘The majority’s vision of race neutrality will entrench racial segregation in higher education’. For Brown Jackson, this was a ‘tragedy’ that would ‘impede [the] achievement of our great nation’s full potential’. However, all data indicate that a substantial majority of Americans would agree with Roberts’ take. Critics of the ruling may try to denigrate it as furthering the cause of ‘racism’ or ‘white supremacy’. But that’s hard to maintain when the case against Harvard and UNC was brought by Students for Fair Admissions – a group composed entirely of East and South Asian plaintiffs.

Wai Wah Chin The Next Battle Over Racial Preferences While the Supreme Court has swept away affirmative action, universities still intend to practice preferential admissions by using proxies for race.

https://www.city-journal.org/article/supreme-court-ends-affirmative-action-will-universities-defy-the-ruling

With its ruling that Harvard and the University of North Carolina–Chapel Hill (UNC) unconstitutionally discriminated against Asian applicants, the Supreme Court has delivered justice. Congratulations and thanks are due to the plaintiff in these cases, Students for Fair Admissions (SFFA), as well as to its president Edward Blum, for mounting a tireless, principled fight.

Universities, however, have made no secret that, regardless of how the Court ruled, they would continue to bring to campus students who wouldn’t have made the cut if they hadn’t been black. It is axiomatic for universities that a campus with “not enough blacks”—whatever that means—is guilty. It is the only acceptable starting point of any discussion. The universities believe, moreover, that “diversity” of student skin color—meaning having “enough,” but not “too much” of any particular group, whatever that means—can only be achieved by racial favoritism in admissions. Why are colleges able to achieve other forms of diversity without quotas or favoritism, such as diversity of religion, which the counsel for UNC conceded to the Supreme Court thrives on campus without favoritism? This question is off limits.

So if the Court won’t allow universities to take race into account, then the universities will look for other ways to do so. Some have even advocated open disobedience of this “ultra-MAGA” Supreme Court, as the White House has called it.

How can universities do an end-run around the Supreme Court? The University of California (UC) system’s recent actions are instructive. In 1995, the UC regents voted to end affirmative action, and in 1996, Golden State voters approved Proposition 209, which banned affirmative action in public education, contracting, and hiring. Legislators subsequently tried and failed several times to restore affirmative action. Then, in 2019, UC president Janet Napolitano convened a faculty task force to evaluate the continued use of standardized testing in admissions. The UC faculty is well known for its devotion to the DEI (diversity, equity, and inclusion) cause. However, after a year-long study, the task force gave the sober recommendation to keep the standardized test requirement. Undeterred, Napolitano ordered the UC system to go test-optional anyway. White and Asian families soon realized that “test optional” really applied only to blacks, Hispanics, and some other groups, but not to them. Then, in 2021, the UC system went “test blind,” meaning that, even if an applicant submitted SAT scores, UC would disregard them. (Today, following California’s lead, all but a handful of top-tier U.S. universities are test-optional.)

The Supreme Court Finally Gets Affirmative Action Right Ending the blatant contradiction of America’s foundational principles. by Bruce Thornton

https://www.frontpagemag.com/the-supreme-court-finally-gets-affirmative-action-right/

After 45 years of bad decisions rationalizing discrimination outlawed by Title VII of the 1964 Civil Rights Act and the 14th Amendment, the Supreme Court finally voted 6-3 to end affirmative action and the use of racial preferences in college admissions. This outcome joins the Dobbs vs. Jackson decision last June as another major pushback against activist Supreme Court jurisprudence, and a restoration of the Constitutional guardrails against an overweening federal government that bypasses the sovereign people and impugns their rights.

Racial set-asides were midwifed in the 1978 Regents of the University of California vs. Bakke decision that created by fiat “diversity” as a “compelling state interest” justifying discrimination. Since then various minor adjustments have been made in other decisions such as Grutter vs. Bollinger (2003) and the two Fisher vs. University of Texas cases (2013, 2016), which validated the magical thinking of “diversity” and the “broad state interests” and “educational benefits” it supposedly serves.

None of these decisions addressed the central begged question in affirmative action jurisprudence. As Justice Clarence Thomas’ dissent in Grutter put it, the majority “refus[ed] to define rigorously the broad state interest” served by “diversity,” and thus demonstrate specifically the “educational benefits that flow from student body diversity,” as Justice Anthony Kennedy said in the second Fisher case.

As a result, over the years “diversity” has metastasized throughout the body politic, from school curricula to entertainment–– and has even reached corporate board rooms in the guise of  “ESG,” environmental, social, and corporate governance guidelines for investment. This expansion has  hollowed out the principle of individual merit, and eroded the notion of individual rights and the virtues of independence and self-reliance. That’s what happens when one branch of the government, the one most unaccountable to the people, enshrines in law a politicized, incoherent idea.

Obamas say affirmative action allowed them to ‘prove we belonged’ in college The former first lady said her “heart breaks for any young person out there who’s wondering what their future holds” after the end of affirmative action. By Madeleine Hubbard

https://justthenews.com/government/courts-law/obamas-say-affirmative-action-allowed-them-prove-we-belonged-college

Former President Barack Obama and his wife Michelle on Thursday criticized the Supreme Court’s ruling against affirmative action by stating that they benefited from the policy themselves.

Michelle Obama, who went to Princeton for her bachelor’s degree and Harvard for her J.D., wrote in her statement, which was significantly longer than her husband’s, that she had wondered whether people thought she got into school because of affirmative action. 

“But the fact is this: I belonged,” she also wrote. “So often, we just accept that money, power, and privilege are perfectly justifiable forms of affirmative action, while kids growing up like I did are expected to compete when the ground is anything but level.”

The former first lady also said her “heart breaks for any young person out there who’s wondering what their future holds” after the end of affirmative action. 

Barack Obama only wrote three sentences about the ruling: “Like any policy, affirmative action wasn’t perfect. But it allowed generations of students like Michelle and me to prove we belonged. Now it’s up to all of us to give young people the opportunities they deserve — and help students everywhere benefit from new perspectives.”

President Joe Biden also criticized the court’s decision. 

“Discrimination still exists in America,” he said multiple times. 

Meanwhile, former President Donald Trump celebrated the ruling. 

A Landmark for Racial Equality at the Supreme Court The Justices revive the plain meaning of the 14th Amendment in barring discrimination by race in admissions at Harvard and the University of North Carolina.

https://www.wsj.com/articles/harvard-unc-students-for-fair-admissions-supreme-court-affirmative-action-john-roberts-clarence-thomas-racial-preferences-f8c998f6?mod=opinion_lead_pos1

The Supreme Court had one of its finest hours on Thursday as it reaffirmed, in logical but forceful fashion, the bedrock American principle of equality under the law. In barring the use of race in college admissions, a six-Justice majority took a giant step back from the racial Balkanization that risks becoming set in institutional stone.

The two cases at issue were brought against Harvard, a private institution, and the public University of North Carolina by Students for Fair Admissions. They each used race to favor some applicants at the expense of others—most often Asian-Americans. In his majority opinion, Chief Justice John Roberts unequivocally declares their admissions processes to be unconstitutional under the 14th Amendment.

“The Harvard and UNC admissions programs cannot be reconciled with the guarantees of the Equal Protection Clause,” he writes. “Both programs lack sufficiently focused and measurable objectives warranting the use of race, unavoidably employ race in a negative manner, involve racial stereotyping, and lack meaningful end points. We have never permitted admissions programs to work in that way, and we will not do so today.”

It doesn’t get clearer than that, in what is the most significant opinion of the Chief’s career. “Eliminating racial discrimination means eliminating all of it,” he writes.

The Court’s opinion is especially bracing because it clears up a half-century of muddled Supreme Court rulings.

Why are schools transitioning kids behind their parents’ backs? Gender ideology is a menace to parental rights and children’s welfare. Jo Bartosch

https://www.spiked-online.com/2023/06/28/children-should-not-be-transitioning-at-school/

Britain’s schools, aided and abetted by doctors and social workers, have fallen under the influence of gender ideology. This is putting youngsters at risk from the very adults charged with their care.

For Callum and Susan (not their real names), this ideological bias hit home after their autistic 16-year-old daughter told them that she was really a boy.

In response to this news, the parents organised a meeting with their daughter’s school. ‘Initially when we met the head teacher, we agreed a plan that there would be no social transitioning at school’, Callum told this weekend’s The Sunday Times. ‘[The head teacher] said it is right that we do not change her name or her pronouns for her time at school’, he said.

But despite that meeting, the situation soon escalated. Shortly before the girl’s 16th birthday, the school referred her parents to social services, and a social worker turned up at the family home. In stark contrast to the cautious approach taken by Callum and Susan, the social worker affirmed the daughter’s new gender identity. The social worker told them that their daughter was in fact a boy and that she should be referred to by a male name and pronouns.

In response to the school’s decision to call in social services, Callum and Susan hired lawyers to help them access the school’s records. Shockingly, these records revealed that a doctor had prescribed testosterone to their daughter behind their backs. They also learned that she’d been given advice on gender identity by a local youth project which works closely with the local council and has provided classes for children in schools across the region.

The girl’s parents have since raised the secretive treatment of their daughter as a safeguarding concern. Her father told The Times: ‘We feel that our daughter’s mental and physical health is being put at risk and we have been shut out from any discussion, even though we have parental responsibility for her.’

Part of adolescence is learning to keep things from your parents. It’s when one becomes independent and develops an identity away from the family home. For those of my generation, this largely meant finding a musical tribe, sneaking into nightclubs and snogging unsuitable people. But for today’s teens, it seems this rebellion has turned aggressively inward. Rather than dressing as goths or emos, kids struggling with teenage angst are hiding behind a pre-packaged range of gender and sexual identities, each with a bespoke flag and pronouns.