To: Bernard Marx
Academic tenure has nothing at all to do with the First Amendment. Note I called "tenure" what you called "freedom". Why? Because a fired professor is FREE to start his own Academy. Such a professor, fired for expressing ideas then disagreeable to the institution whose honor is pegged next to his own name in published papers, CV's etc, has the right pre-existant and supra to the Constitution -- a common law right -- to start his own institution and to advertise and market it to students, to donors, to whomever.
In so doing he has the right to express whatever views he wishes -- short of treason, libel, fraud, perjury and the most extreme and direct provocation to riot or insurrection (that is before a crowd already primed to act with violence). Moreover -- and this is where the 1st comes in -- the GOVERNMENT IS FORBIDDEN EXPRESSLY to infringe upon that common law right. You see, the Constitution is a charter upon the Government's activities, not a charter constraining or permitting any action of the People's. That is so except for two specific clauses that do restrain the People, by their assent of ratification of the Charter. One such clause is the allowance for grant of copyright and patent. The other is treason.
Where does government get the authority to restrain the free actions of the People -- through the common law.
posted on 02/08/2005 9:10:41 AM PST
To: TexasGreg; jb6; Destro
You will find this interesting.
posted on 02/08/2005 9:25:01 AM PST
(Sneakypete, De Oppresso Liber)
Academic tenure has nothing at all to do with the First Amendment
I don't think I made that exact assertion but the Supreme Court disagrees with you, Professor Katz's comments notwithstanding Academic Freedom You might also check out Tenure
posted on 02/08/2005 10:09:58 AM PST
by Bernard Marx
(Don't make the mistake of interpreting my Civility as Servility)
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