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Wisconsin Supreme Court sides with Marquette professor John McAdams in free speech case. (shortened)
Milwaukee Journal Sentinel ^ | 7/06/2018 | Karen Herzog and Bruce Vielmetti

Posted on 07/06/2018 8:09:04 AM PDT by UB355

The Wisconsin Supreme Court ruled Friday that embattled Marquette University political science professor John McAdams was improperly suspended after he publicly criticized a graduate student by name on his politically conservative blog, leading to threats against her.

The court ordered the Jesuit university to immediately reinstate the professor and sent the case back to a Milwaukee County Circuit Court judge to award damages, including back pay.

(Excerpt) Read more at jsonline.com ...


TOPICS: Constitution/Conservatism; US: Wisconsin
KEYWORDS: freespeech; jesuituniversity; johnmcadams; marquetteuniversity; wisconsin
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1 posted on 07/06/2018 8:09:04 AM PDT by UB355
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To: UB355

Good!


2 posted on 07/06/2018 8:11:15 AM PDT by madprof98
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To: UB355

The Jesuits have descended into an unspeakable cabal of homosexuals and boy molesters. Their “universities” should not be taken seriously and are not Catholic institutions.


3 posted on 07/06/2018 8:13:05 AM PDT by allendale (.)
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To: UB355

Winning!


4 posted on 07/06/2018 8:14:44 AM PDT by Beagle8U (Liberals can kiss my bitter clingers!)
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To: UB355

Good. Makes me sick what that place has degraded to.


5 posted on 07/06/2018 8:14:49 AM PDT by Secret Agent Man ( Gone Galt; Not averse to Going Bronson.)
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To: UB355

Hooray!


6 posted on 07/06/2018 8:15:41 AM PDT by Incorrigible (If I lead, follow me; If I pause, push me; If I retreat, kill me.)
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To: UB355
The university claimed that this was not a first amendment. His fault, they said, was publishing the name of the professor he disagreed with online and subjected her to a hostile environment.

Important win for the professor.

7 posted on 07/06/2018 8:22:01 AM PDT by aspasia
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To: UB355
Some background for those who might not be familiar with the case, or may have forgotten the details:

On December 12, 2014, McAdams was placed on indefinite academic leave from Marquette University and was suspended from all teaching and faculty duties, banned from campus but retaining pay and benefits. This indefinite suspension came about after McAdams publicly called out a graduate student and instructor by name, in a post on his private blog. He said the instructor had refused to allow a student in an ethics class to talk about gay marriage in class. A letter from Marquette University indicated that the firing was the result of his thrice violating student privacy and deliberately publishing students' names and information to target them for harassment, and because he had done so in the third instance, despite previously acknowledging that posting student names was a matter of concern.

On March 24, 2016, Marquette released an announcement detailing the decision of University President Michael Lovell, formally implementing the unanimous recommendation contained in a 123-page report composed by the Faculty Hearing Committee after a 4-day investigation. McAdams' suspension was extended until January 2017 without pay but with benefits, and any return was conditioned on his writing a full letter of apology by April 4, 2016. McAdams told local news media that the requirement to write an apology was "a deal killer. No, I`m not going to do that."

Source - Wikipedia

8 posted on 07/06/2018 8:24:11 AM PDT by Robert DeLong
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To: UB355

As I read the dissenting opinion, I realize this is just another way-point in the sad decline of my alma mater. They call themselves ‘Catholic’, ‘Jesuit’ and a ‘University’. The first two are outright fiction, and they remain a ‘university’ in only the most broad definition of the term.

Sad...


9 posted on 07/06/2018 8:26:51 AM PDT by Thunder 6
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To: allendale

When I was in high school, my chapter of of CYO was run by Jesuit brothers from the local monastery. They were frequently hooking up with teenage girls and occasionally teenage boys.


10 posted on 07/06/2018 8:30:33 AM PDT by Calvin Cooledge
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To: UB355
Justice Ann Bradley wrote a dissenting opinion, saying the court majority erred "in conducting only half of the academic freedom analysis"

"It fails to recognize, much less analyze, the academic freedom of Marquette as a private, Catholic, Jesuit university," Bradley wrote. "As a result, it dilutes a private educational institution's autonomy to make its own academic decisions in fulfillment of its unique mission."

Bradley concluded: "Apparently, the majority thinks it is in a better position to address concerns of academic freedom than a group of tenured faculty members who live the doctrine every day."


11 posted on 07/06/2018 8:37:27 AM PDT by aspasia
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To: aspasia
it dilutes a private educational institution's autonomy to make its own academic decisions in fulfillment of its unique mission."

Yup, they have a "unique mission" all right--see my tagline. :-(
12 posted on 07/06/2018 9:04:52 AM PDT by cgbg (Hidden behind the social justice warrior mask is corruption and sexual deviance.)
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To: UB355
Former Marquette graduate teaching assistant right here.

The point that McAdams released the name of the TA to the public is laughable.
Our names were published in the course catalog (now online).

13 posted on 07/06/2018 9:27:01 AM PDT by Last Dakotan
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To: UB355

To begin with I don’t accept any of academia’s use of any “committee of peers” to decide anything.

In an egineering company, the engineers are employees managed by persons with the agenda of the wole enterprise, not the sectarian interests of the engineers alone. The same is true of any successful enterprise with major specialties - the specialisst are not running the show. Coders do not run IT firms, and electrical engineers do not run telecom companies.

To me teachers running teaching institutions is like the patients running the mental asylum.


14 posted on 07/06/2018 9:41:55 AM PDT by Wuli
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To: allendale

Moreover, it seems politics and power, regardless of the who involved, has been their catnip. And perpetual whoring of themselves to the most powerful led naturally into a worship of deviant behavior.


15 posted on 07/06/2018 10:04:31 AM PDT by DPMD
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To: UB355; All
This thread is the first time I’ve become aware of this case so please bear with the following analysis as it could wrong.

The Supreme Court clarified in United States v. Cruikshank that federal and state actors, not ordinary citizens, are the only entities that are constitutionally obligated to respect the rights that the states amend the Constitution to expressly protect. So since this case involves a private school, the professor was not protected by the Constitution imo.

"In its ruling, the Supreme Court overturned the convictions of the white men, holding that the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment applies only to state action, not to actions by individual citizens.” —The Cruikshank case.

In other words, with reservation, the institutionally indoctrinated justices on Wisconsin Supreme court may have the wires crossed imo, not understanding the limits of constitutional protections.

The reservation is if the school violated a state free speech law which I doubt, regardless if the state law is a based on a misunderstanding of the scope of Constitutional protections.

Corrections, insights welcome.

16 posted on 07/06/2018 10:14:29 AM PDT by Amendment10
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To: Amendment10

You raise a valid point, but did the school raise this point in court?


17 posted on 07/06/2018 12:19:44 PM PDT by aspasia
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To: Amendment10
Again, MU did not want to argue a free speech case. MU attorney: "He's being disciplined for his conduct, not any viewpoint."

Interesting to note that the AAUP supported McAdams: "The AAUP filed an amicus brief in the Wisconsin Supreme Court in support of Dr. John McAdams, a professor at Marquette University, who seeks to overturn the trial court’s decision to deny his motion for summary judgment. The AAUP amicus brief explains that its policy documents and standards guaranteeing faculty rights of academic freedom and due process must protect faculty (like Dr. McAdams) from discipline when they express controversial views." linky

18 posted on 07/06/2018 1:00:38 PM PDT by aspasia
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To: aspasia; All
"Again, MU did not want to argue a free speech case. MU attorney: "He's being disciplined for his conduct, not any viewpoint.""

Thank you for your patience with this discussion.

At this point in time it sounds like problem is narrowing to a contract dispute.

But it is disturbing that court is treating case like free speech abridgment, correction welcome.

19 posted on 07/06/2018 2:24:55 PM PDT by Amendment10
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To: Amendment10
Right, the complaints filed by McAdams were all about breach of contract, particularly concerning the procedure for suspension and termination.

However, a MU contract broadly affords its faculty academic freedom, much more than say a smaller sectarian/denominational college, whereas a public university has academic freedom rights by law, not by contract.

20 posted on 07/06/2018 3:07:19 PM PDT by aspasia
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