Quebec tables bill on academic freedom, says no words off-limits in lecture halls

Yes, context matters:

Quebec’s higher education minister says legislation tabled today would allow “any word” to be uttered in university classrooms as long as it’s used in an academic context.

Danielle McCann told reporters Bill 32 is great news for Quebec students, including racialized students, because it preserves a high-quality learning environment in the province’s universities.

The bill draws on a committee report last December requested by the government in response to a scandal at University of Ottawa in 2020, when a professor was suspended for using the N-word during a class lecture.

At the time, Quebec Premier François Legault and Liberal Opposition Leader Dominique Anglade — who is Black — both said the university should have defended the professor for using the word in an academic context.

Bill 32 enshrines the right to teach, conduct research and share results, critique society and freely take part in the activities of professional university organizations.

The legislation requires universities to adopt an academic freedom policy and appoint a person responsible for implementing the policy.

The bill’s preamble defines academic freedom as “the right of every person to engage freely and without doctrinal, ideological or moral constraint in an activity through which the person contributes, in their field of activity, to carrying out the mission of such an educational institution.”

Source: Quebec tables bill on academic freedom, says no words off-limits in lecture halls

University of Ottawa must protect academic freedom, says report

Trying to thread the needle…:

A report on academic freedom at the University of Ottawa prompted in part by the outcry over a professor’s use of a racial slur in class says the university must make clear its commitment to intellectual inquiry and free expression, and oppose the exclusion of words, works or ideas.

But although the report, authored by a committee chaired by retired Supreme Court justice Michel Bastarache and released on Thursday, concludes that academic freedom should be protected, it cautions that this must not happen “at the expense of silencing marginalized people and groups.”

The report says controversial speech should be analyzed on a case-by-case basis. It recommends the university create a committee to review complaints and concerns related to freedom of expression or academic freedom. The committee would be empowered to investigate and impose penalties when necessary.

The report also calls for training for faculty on equity and diversity, and stronger protections against cyberbullying. And it recommends the university create an action plan to fight racism and discrimination.

University of Ottawa president Jacques Frémont told The Globe and Mail on Thursday he is committed to implementing the report’s recommendations.

The university was thrust into the spotlight a year ago when Verushka Lieutenant-Duval, a professor with expertise in art, was suspended for saying the n-word in class while explaining how some social groups had reappropriated words considered slurs. She said the word out loud in its entirety, and a student later objected. The case became a focal point, particularly in Quebec, for debates about whether it’s appropriate to impose limits on speech, particularly in a classroom.

Students and faculty were divided over whether the university had reacted appropriately. Some defended the professor because she did not appear to have intended harm, while others said she should not have used the word. Academic associations defended her on the grounds that her words were germane to the subject she was teaching, uttered in a class context and intended to instruct. The university soon lifted Prof. Lieutenant-Duval’s suspension.

“The campus was in turmoil, and rightly so, because people were wondering what the rules were, and what are the boundaries, and how should such cases be dealt with,” Mr. Frémont said. “The report equips us with more concrete means of dealing with similar issues involving academic freedom and human dignity, equality, diversity and inclusion.”

Mr. Frémont said he could not comment on the incident involving Prof. Lieutenant-Duval, because it is the subject of a workplace grievance. She could not be reached for comment Thursday.

In the report, Mr. Bastarache says he received submissions from people at the university who said they feel they must censor themselves to avoid public backlash.

Mr. Frémont said self-censorship is probably happening in some cases, and he called for it to end.

“Our faculty members should not self-censor. That’s crystal clear. Academic freedom is the basic soul, the foundation of universities. If we don’t have that, we’re dead,” he said.

But he added that professors should think carefully about how best to deal with sensitive topics. He said a university owes that much to its students.

In March, 2021, another controversy erupted at the university when law professor Amir Attaran made comments on Twitter criticizing racism in Quebec. Quebec Premier François Legault and Prime Minister Justin Trudeau were eventually drawn into the resulting political firestorm, and there were calls from Quebec politicians for Mr. Frémont to discipline Prof. Attaran.

At the time, Mr. Frémont said he deplored the kind of highly polarizing public statements that had sparked the controversy, but he defended Prof. Attaran’s right to free expression.

Prof. Attaran on Thursday said Mr. Bastarache did not reach out to him for input.

But he said he was alarmed by one statement in the report.

Mr. Bastarache writes that several people consulted for the report argued that bilingualism should be considered a fundamental value of the university. The report says attacks on the university’s “linguistic makeup or the moral value of its Francophone or Anglophone components cannot, under current circumstances, be protected by freedom of expression.”

Prof. Attaran called that notion shocking.

“To somehow say that freedom of expression does not include offering a negative comment on the linguistic makeup [of the university], or moral value of these languages. This is grotesque. This is anti-intellectual,” he said.


Protecting academic freedom in international partnerships

Some valid suggestions to reduce foreign government influence:

We live in an age of academic internationalisation, especially pronounced in the United Kingdom. This has in many ways been a good thing. 

It has become more common for research institutions across the globe to establish collaborative research and joint degree programmes, often hugely benefiting research and teaching. Individual scholars and students travel more easily and frequently today, too, and their ideas and arguments travel with them. 

Moreover, even when physical travel is interrupted, as it is at the moment, academic communities can interact and stay connected remotely. 

But internationalisation has also produced new risks, especially in the context of engagement, exchange and collaboration with non-democratic countries. 

In an age of ‘democratic retrogression’ and deepening authoritarianism affecting many countries, many members of the global academic community face growing challenges – including censorship and travel restrictions, disciplinary measures and dismissals, criminal prosecutions and even physical attacks, as has been well documented by Scholars At Risk and other groups. 

Such repression has become increasingly internationalised, not only because repressive governments can extend threats and censorship across borders, but also because marketised funding structures, the casualisation of academic work and an opportunistic approach to building global ties have made academic actors within liberal democracies more vulnerable – and sometimes less willing to stand up for academic freedom and integrity. 

This is the case, for example, when universities take funding that comes with strings attached or raises concerns about the donor’s political goals or when academic publishers decide to accept censorship instructions from autocratic governments, apparently for commercial reasons. 

Exporting repression

Against this background, we must be concerned about the terms of our engagement with academic institutions abroad, as well as about repressive governments and institutions’ ability to ‘export repression’ in the field of academia.

At a time when the global pandemic has changed academic life beyond recognition for many of us in the UK and globally, and as we are already overburdened with the challenges arising immediately from COVID, we may feel reluctant to engage with further, more long-term challenges. 

Yet, as members of the recently established Academic Freedom and Internationalisation Working Group (AFIWG) in the UK, we feel that the challenges posed by academic internationalisation must be dealt with without delay – and, indeed, that the pandemic has exacerbated some of these challenges, for example, by making us more dependent on online communication.

Universities could respond in several ways. Denial – such as that by the Chair of Million Plus group of universities, Bill Rammell, in his evidence to the Foreign Affairs Committee (FAC) of the House of Commons in 2019 – is no longer tenable. 

An auditing response of generic and top-down reporting requirements, which spread like viruses through UK higher education, are also unlikely to touch conditions on the ground. 

Similarly, the notion that universities must “sensitively balance the need to uphold academic freedom with the importance of internal academic collaboration”– as suggested by then Universities UK president Janet Beer in her letter to the FAC – is equally inadequate and betrays a fundamental misunderstanding of the value of academic freedom. 

Faced with such inertia, the UK government, including its security agencies, have pressed British higher education to develop security guidelines and risk management strategies. In guidance just released, Universities UK finally addresses these concerns with academic freedom considered among a range of objects and values to be defended, including intellectual property and “national security”.

A new code of conduct

However, while there may be a need for draconian measures in rare cases, a national security approach is largely inappropriate as it is founded on false premises. 

UK universities are not national institutions under threat, but global institutions so thoroughly internationalised that any attempt to cut them off from foreign influence may make the problem worse. 

It would feed the narrative of some authoritarian states that they are vehicles of British ‘soft power’ against their values and even Trojan horses for spying researchers. 

A far better response is for a bottom-up process led by academic staff, supported by students, civil society and unions. 

The AFIWG has composed a Draft Model Code of Conduct for UK higher education institutions to bestow duties on them to protect their academic communities at home and abroad and be transparent and accountable to their members. 

It is a draft and a model so it can be revised in the coming months of consultation and adapted from the minimum standards enshrined in the model.

These minimum standards include a stipulation that universities must undertake meaningful risk assessment and due diligence when transnational collaboration is being considered before any agreement or arrangement is begun. 

In particular, they must ensure memorandums of understanding (MoUs) on international partnerships, including foreign campuses and the affiliation of foreign education or research institutions to UK higher education institutions within the UK, are subject to consultation across the university.

With regard to protecting their staff and students overseas, universities must evaluate academic freedom and the risks associated with its absence, as when planning fieldwork and field trips abroad, and make available enhanced travel insurance to cover politically motivated or arbitrary detention by state authorities.

On campuses at home, universities should ensure that academic freedom requirements, including personal data protection for these members of the academic community, are incorporated within all MoUs with state scholarship programmes. Vice-chancellors and their gifts committees must make all MoUs and summary information on all foreign donations public.

A system of confidential and public reporting is required to enhance protection and accountability. UK universities should establish a confidential and independent internal reporting mechanism to a designated individual on campus for cases or issues of concern, while serious cases and issues, including all those involving a threat to the welfare of the complainant, should be passed to a new, independent ombudsperson.

An academic freedom model in authoritarian times?

This is a model and draft which may have relevance far beyond the UK. It is designed to be revised via debate on campus among staff and students and adopted according to minimum conditions. The duties it imposes are on universities’ leaders – not on staff and students who may be vulnerable themselves. 

But there is a risk. If vice-chancellors pass down the code of conduct in the form of new and onerous auditing requirements for staff, or if governments make them matters of national security, academic freedom will be weakened, not strengthened. The way to protect academic freedom is for universities to be held to account by their academics and students. 

We must use our freedom before we lose it. 

John Heathershaw is professor of international relations at the University of Exeter, United Kingdom. Eva Pils is a professor of law at King’s College London, UK.


Conservative Universities and Intellectual Diversity

Some interesting reflections on academic freedom and constraints, along with the risks of further political and ideological separation:
“Academics, on average, lean to the left. A survey being released today suggests that they are moving even more in that direction,” began a study released in 2012. By 2014, another study reported, the ratio of liberals to conservatives among American college and university faculty was 6 to 1 nationwide, and 28 to 1 in New England. Still more recent research suggests that the overall national trend may be moving further to the left. As Samuel J. Abrams of Sarah Lawrence College recently learned, even just pointing out these tendencies can land you in troublewith students and peers.So if you’re a conservative scholar who cares about the American academy and wants to participate in it, what are you to do? One recent suggestion: Start your own university.

In National Affairs, Frederick M. Hess and Brendan Bell make the case for a new university hospitable to conservative thought:

What is needed, then, is a place where serious scholars can have the space to pursue questions and subjects that don’t fit the progressive orthodoxy at today’s most prestigious institutions of higher learning. We need an incubator where promising young intellectuals could pursue their research without being forced to conform to the prevailing ideology, and where they can find the scaffolding—employment, funding, networks, and publication outlets—to enable them to achieve independent viability. What is needed is an ivory tower of our own.

Hess and Bell frame their proposal in largely constructive and unresentful ways. We might note that their express concern is not to enforce a conservative orthodoxy, but to free scholars from obeisance to a progressive one (“without being forced to conform to the prevailing ideology”). Later in the essay, they write, “Though there is no doubt that conservative thought is unwelcome in the academy, it is a mistake to imagine this is the product of a concerted, organized effort to expunge it. The issue is not one of conspiracy but a matter of rhythms, routines, and behaviors that add up to what those on the left might, in another context, term ‘implicit bias’ or ‘progressive privilege.’” The reluctance to invoke a vast left-wing conspiracy to explain the disparities is welcome, in the way that the reluctance to invoke vast conspiracies to explain anything is generally welcome.

And later still, they make an important distinction: “The aim is to create an incubator—not a sanctuary. Talented graduate students and junior faculty who might be marginalized elsewhere would have an opportunity to find accomplished senior colleagues eager and able to mentor them—allowing them to develop the kind of body of work that would give them a meaningful shot at success anywhere in academe. The goal is to spawn scholars and public thinkers equipped to thrive in other academic institutions and to contribute to the public discourse.”

What Hess and Bell are trying to do here is steer between the Scylla of being insufficiently different from existing universities and the Charybdis of imposing another set of political orthodoxies that merely mirror the existing ones. It’s not easy, and few conservative critics of the academy have managed it.

For instance, Warren Treadgold of St. Louis University recently published a book titled The University We Need: Reforming American Higher Education, in which he called for a university that is “traditional in character but not specifically ‘conservative’ in politics”—which sounds good. And yet, in a recent blog post, Treadgold wrote about the need for such a new university to “hire the right people,” and described those people in this way: “From what I know of the best conservative scholars, if they were hired and supported at a leading conservative university, they would be delighted to produce research combating multiculturalism, radical feminism, identity studies, the diversity doctrine, the idealization of victimhood, socialism, sustainability, and postmodernism.” It’s hard for me to see how a university composed of such people would not be “specifically ‘conservative’ in politics,” though I suppose that would depend on how you define conservative.

But what I find more concerning about Treadgold’s model university is how self-consciously polemical he wants it to be, how strongly he wants it to define itself by what it opposes. He warns, in martial language, of “moderates afraid to combat the leftist ideas that have devastated higher education,” and avers that “only a conservative research university could free conservative scholars to combat leftist ideology.” I think Hess and Bell do a much better job of emphasizing what such a new university would be for: academic freedom, the freedom to explore potentially conservative ideas without fear of reprisals from the guardians of unwritten—and perhaps, these days, actually written—orthodoxies.

But as Peter Wood points out in the post to which Treadgold is replying in his post, it’s impossible, in the current climate, to pursue that kind of freedom in a non-polemical way. One cannot, in fact, steer between Scylla and Charybdis—one of them will get you. Wood agrees that “multiculturalism, radical feminism, identity studies, the diversity doctrine, the idealization of victimhood, socialism, sustainability, and postmodernism” are “forces that cannot be excluded by a university simply deciding that we won’t give those doctrines a place in the curriculum. Those doctrines will be imposed, welcome or not, if the university doesn’t make the decision from the outset to oppose them root and branch.”

But if a university decides ab initio to exclude such ideas, then what becomes of academic freedom? Wood clearly shows the double bind: “The new university will have to compromise its commitment to the liberal arts and open inquiry from the very start. It cannot be ‘open’ to the ideas that will destroy it. But if it is not open to those ideas, it cannot be a truly liberal institution.”My own conservative credentials are dubious enough that I might not be acceptable at such an institution—or so I think, living and working as I do in Texas. (On the other hand, if I were at Sarah Lawrence … let’s just say that at Sarah Lawrence I would be, as the saying goes, seen as rather to the right of Attila the Hun.) But I think I have some experience that might suggest a way out of the bind that Peter Wood has rightly identified.

That way out will require some conceptual adjustments, and a willingness to learn from institutions that have had to deal with similar issues. I am thinking of religiously based colleges and universities; I know something about them because I have worked for them all my adult life (after being educated in public institutions). The adjustments begin with reconsidering what we mean, in an academic context, when we talk about “freedom” and “openness.”

Often over the years, I have found myself quoting a passage from an essay by Stanley Fish titled “Vicki Frost Objects.” Fish, taking up his occasional role as legal scholar, was reflecting on a fundamentalist Christian who protested that her local public school was “indoctrinating” her children in secular thought. In the process of explaining why the usual way people think about this kind of conflict is wrong, Fish made a telling point:

What, after all, is the difference between a sectarian school which disallows challenges to the divinity of Christ and a so-called nonideological school which disallows discussion of the same question? In both contexts something goes without saying and something else cannot be said (Christ is not God or he is). There is of course a difference, not however between a closed environment and an open one but between environments that are differently closed.

What Fish helps us to see is that academic freedom is a concept relative to a given faculty member’s structures of belief. As someone who believes that Jesus is Lord, I feel very free when I’m teaching at schools that let me say that, even in class. If I were a socialist atheist, I might be rather uncomfortable. If I were a socialist atheist, Sarah Lawrence might be a better fit.

With respect to the issues under discussion here, the real difference between an explicitly Christian school such as the ones I’ve taught at, or a Jewish institution such as Yeshiva University, and a school such as Sarah Lawrence is this: The religious schools are explicit about their commitments; Sarah Lawrence isn’t. No Sarah Lawrence job announcement is likely to contain the sentence “Conservative Christians”—or Jews, or Muslims, or even atheists, probably—“need not apply.” But then, it doesn’t have to, does it? Especially after l’affaire Abrams.

The general conclusion to be drawn here is simple and straightforward: Academic freedom is always constrained in multiple ways. It is constrained by law; by a given discipline’s sense of its own professional standards and practices; by a given university’s sense of institutional mission. (This is one of the main reasons Jonathan Haidt’s straightforward contrast between two types of universities, Truth U and Social Justice U, doesn’t really match the conditions on the academic ground.)Fish’s point doesn’t render academic freedom illusory or insignificant—indeed, in my experience it has been vital, because at several points in my career, I have written essays that angered influential donors to the institutions where I worked, and if I had not had the protection of tenure, I might have lost my job. Or, more likely, if I had not had the protection of tenure then, fearful of reprisal, I wouldn’t have published those essays in the first place—even though I believed very strongly in what I wrote.

Nevertheless, academic freedom remains constrained. If you make social justice (as it is typically defined) a key component of your institutional mission, then you will deny employment to people who think social justice (as it is typically defined) is a load of hooey. And if, at the level of institutional mission, you think that social justice (as it is typically defined) is, if not necessarily a load of hooey, then at best a highly debatable concept, then you will deny employment to people who insist that they know what social justice is, that you can find it on Alexandria Ocasio-Cortez’s Twitter feed, and that its core principles are not up for discussion.

There is, therefore, no need for people who want to found a conservative university to insist that their principles do not put them at odds with a commitment to academic freedom. Their principles, like those of every university, will require a partial and mission-limited commitment to academic freedom; they will differ from the Sarah Lawrences of the world not in that they have limits, but in their openness and honesty about those limits.

To be sure, those commitments create problems. What happens if someone hired to teach free-market economics at a conservative university reads Thomas Piketty and becomes a socialist? Presumably the same thing that happens to a professor at a Christian college who loses his faith in Jesus, or a professor of social justice who finds her eyes opened to new and different truths by a close reading of Atlas Shrugged. It’s a problem. But it’s a problem for all universities, not just conservative or Christian ones.

So the academic-freedom issue is something of a red herring. The larger issue that proponents of a conservative university must face is that of intellectual diversity. Were a few conservative universities to pop up, we might indeed see a net increase of intellectual diversity in American higher education taken as a whole, taken as a single entity. But we would surely get even less intellectual diversity than we currently have within any given institution. This would not be an altogether unappealing future for people, like me, whose stated positions on religious and cultural matters make them unemployable in perhaps 98 percent of American colleges and universities. But would it be good for the country as a whole?

It is easy to foresee, after this institutional fissiparousness, a future in which children attend ideologically monolithic high schools, pass from there to ideologically monolithic colleges, and afterward go on either to ideologically monolithic graduate programs or to ideologically monolithic workplaces. All of which would bring Americans several steps closer to a fundamental and permanent political separation. People would go through their lives never seriously confronting alternatives to their most cherished beliefs—and, yes, that happens all too often already, but that surely is no reason to press still harder on the accelerator that would take us to that particular future. One can see the appeal of a supposedly (though surely only temporarily) more peaceable future, but that would be a very sad way to see the American experiment come to an end.

Source: Conservative Universities and Intellectual Diversity

Campus segregation: ‘religious freedom’ cannot be allowed to trump equality – Telegraph

There has been a fair amount of controversy in the UK over segregated lectures by Islamic or other fundamentalists in universities. This opinion piece in the Telegraph argues, correctly, that such segregation is a step backwards and should not be encouraged or tolerated:

In any society, pluralist or otherwise, we are constantly forced to assign priorities to different values. Religious freedom – the right to worship, to free association, to a diet consistent with one’s faith, and so on – is rightly accorded respect. But that freedom cannot be allowed to distort and trump the ideals of the modern academy, at the heart of which is the notion of a scholarly community divided by civilised argument, not race, faith or gender.

Campus segregation: ‘religious freedom’ cannot be allowed to trump equality – Telegraph.