Scholars group decries Churchill verdict

"Anything goes" in college classrooms: that's the message of Ward Churchill's legal victory this week, according to Stephen Balch of the National Association of Scholars. Balch said the win for Churchill, whom he called "the poster boy for academic irresponsibility," worsens the disconnect between the academic freedom's obligations and its protections.

Here's his full statement as posted Thursday at www.nas.org:

The decision for Churchill will only further attenuate an already fraying relationship between the protections of academic freedom and their corollary obligations. Churchill is the poster boy for academic irresponsibility in both substance and style. That he wins today in court, helped somehow by his very notoriety, can only fortify the sense that anything goes.

If there is a lesson here it is that universities must be proactive in the enforcement of standards. Waiting for a public scandal with all its attendant complications is hardly the policy of choice. Universities must build a culture of responsibility that affects every aspect of institutional operation, but especially scholarship and teaching. Faculty members must realize from the beginning of their employment that their institution, and their peers, care about issues of intellectual integrity, foster a consciousness of scholarly ideals and good practice, and apply these at every level of professional review.

The outcome of the Churchill trial is unfortunate, but it was a trial that in a better academic world would never have occurred. The best point at which to protect professionalism is not career exit, but career entrance and stage-by-stage thereafter. If that’s the lesson learned from this sorry result, academe will still be able to recoup its loss.

The National Association of Scholars is America’s foremost higher education reform group. Located in Princeton, NJ, it has forty-seven state affiliates and more than four thousand professors, graduate students, administrators, and trustees as members.

Disclosure: Stephen Balch and I serve together as board members for the Center for Western Civilization at CU-Boulder, headed by classics professor Christian Kopff.

'Corporatocracy' bashed at Regis

John Perkins, far-left author of the book Confessions of an Economic Hit Man, came to Regis University this week to discuss topics ranging from what he calls a “corporatocracy” and greedy executives to remarkable accomplishments of the likes of Rosa Parks and Barack Obama and the importance of following your passions. Beyond the rhetorical flare of some of the core values that each and every one of us share, the topics John (as he insisted he be called) discussed, his approach to those subjects and his rhetoric raise questions given Regis’s status as an academic institution. Take a look at some of the things he said at this meeting, which was attended by roughly 450 people—so many that they overflowed into another room to watch a live stream:

“Many executives are like thieves, rapists and villains.” “Corporations are here to serve us, not a few executives who make sickening amounts of money.” “Milton Friedman was wrong” about giving executives “free rein and they’ll do the right thing.” “I don’t think the Founding Fathers envisioned strict borders.” And, of course, there is his argument that corporations have to pledge to be sustainable, just and serve common interests (whatever those are) in order to renew their charter.

Never mind the broad brush of the word “many” in that first sentence, or the fact that corporations are here to serve their shareholders, not us and not executives. Nor that Milton Friedman in fact argued that individuals should be granted free reign in a competitive marketplace to make the best of their lives—not just executives, but everyone.

We can also ignore the inaccuracies of his argument that the Founding Fathers did not intend to have strict borders. And that John made the statement that executives are making “sickening amounts of money” without defining what he means or answering a question to that effect.

Moreover, we can ignore the fact that the United States is operated under the rule of law—something called the “Constitution”—and nowhere is the government granted to right to alter the terms of an agreement—a company’s charter—simply because they want to impose a new set of values.

The issue at hand is not whether John Perkins was right or wrong in his analysis, or if his points were reasonable. The issue at hand is whether or not the approach of and the circumstances surrounding the speaker are appropriate.

Regis University is an academic institution. Students have a reasonable right to expect that a widely-publicized event would involve the dissemination of more than just feelings and emotions, but also facts upon which to base one’s opinions.

Many students were either required to watch or given extra credit to listen to a speaker arguing from a viewpoint that is, by any reasonable perspective, rather far to the left. In the case of the former, they had no choice; in the case of the latter, they had a choice, but it was a confined choice.

In the speech, Perkins presented a lot of arguments that could hold merit—if they were backed by facts and not pure conjecture. Take his statement that there is “no question” that less money spent on military and police spending results in less violence. “We know that,” he affirmed. But how do we know that? He gave no factual support for his claim.

One student told me it was a “rah rah” for Obama supporters and liberals—and she was right. The only time an alternative viewpoint was presented was when I stood and asked two questions, one of which was entirely passed over. Other than that, it was corporation-bashing, executive-bashing and so forth, on the whole.

That’s not to say that there was no value in what he said or good points that everyone can rally behind. For instance, Perkins is right: If you have an issue you’re passionate about, you have an obligation to stand up and do something about it; you cannot just sit idly by and expect others to bring about change. If closing down sweatshops is your issue, for instance, you better believe you should start sending letters to companies letting them know that you are boycotting their products until they change their ways. Alternatively, if supporting free market reforms to fix our healthcare crisis is your passion, go for that, too.

It is especially important, as he said, for young people to step out to the forefront and help shape their future, for the world we create now is the world we will inherit tomorrow. And indeed, as Rosa Parks proves, one person can rise from menial jobs in a restaurant to becoming a famous civil rights leader making a huge difference. President Obama also shows how, with hard work and determination, anyone can go from being entirely unrecognized to becoming President of the United States. These are indeed prime examples for the community.

But when students are required or incentivized to go and we are at an academic institution, don’t we have the right to expect that there will at the very least be facts to back up the assertions and help form judgments instead of having to read his book in order to get it? That other viewpoints will be encouraged and brought into the conversation, their questions answered? That, yes, the speaker may bring in strong viewpoints, but the dialogue qualities universities like Regis espouse are actually put into practice?

This is my disappointment and frustration. Regis University is an educational establishment. Education is about the acclamation of different facts and ideas in order to form independent judgments. But if no facts are given to support arguments and no variety of viewpoints exists, that mission is not accomplished.

Jimmy Sengenberger is a political science student at Regis University in Denver, a 2008 honors graduate of nearby Grandview High School, a national organizer for the Liberty Day movement, online radio host, and a columnist for the Villager suburban weekly. He is also College Liaison for BackboneAmerica.net, working through the Backbone Americans group on Facebook.

Teacher's Desk: Sticks & stones

“Sticks and stones can break my bones and words can really hurt me!” That's my update on the old schoolyard saying after I received an email message from the Facebook cause, Special Olympics, asking me to help them eradicate the casual use of the word “retard.” I abolished that word from my vocabulary a long time ago and demand the same from my students. It is considered a cuss word in my class and has no place there. A profanity report will be required from the student using it just as easily as someone saying something truly considered profane. The same goes for the word "gay."

When "gay" is used in the schoolyard, it means lame, but that doesn’t stop the hurt from a young man who is not homosexual or the middle school student who is gay, but isn’t ready to announce it to the world.

When I was chairperson of a middle school site committee, we made sure that we had a school counselor who students could go to when they were called, “gay,” and felt angry or hurt. A couple of years or so later, when I taught at a large, northeast Denver high school, my class room became a safe haven for gay and lesbian students. These students knew they could come to me for help and sanctuary.

At my current high school, an alternative high school charter, we have a prevalence of gay and lesbian students, but our students treat each other with respect, so all have a positive school experience. That is part of our school culture.

I don’t think any of us truly realize how words can really sting. I have to battle with myself not to quip because it is easy for me to put hecklers down. In a previous life, I performed stand-up comedy. Actually, it was sit-down comedy since I used a stool. I digress. I do hold my tongue, and many times I tell my students I could’ve said something, but it might have come out hurtful so I won’t---this time! My students tell me a keep it real.

Kathleen Kullback is a licensed special educator with an M. A. in school leadership and is a former candidate for the Colorado State Board of Education.

TABOR on life support

Seventeen years ago, Colorado voters frustrated by the excesses of an unresponsive government passed the Taxpayers Bill of Rights (TABOR), a constitutional amendment designed to limit government spending and give voters to final word on tax hikes. Initially, government officials largely adhered to TABOR's strictures, ever mindful that the voters had spoken and expected those they elected to play by the rules.

Last month's Orwellian decision by the Colorado Supreme Court signaled that no longer will the executive, legislative nor judicial branches of state government - all dominated by liberals - abide by a constitutional amendment that crimps their big-spender style.

Governing powers wager than most voters have forgotten why TABOR passed, much less what it was intended to do. That's a dangerous gamble because TABOR's primary tenets - subjecting tax increases to a public vote and limiting government spending - still elicit strong public support.

Last year, a constitutional amendment that would have rolled back the requirement that surplus tax revenues be refunded to taxpayers lost 55% to 45%, despite a $2.5 million campaign and only token opposition.

Instead of living within TABOR's easily-defined guardrails, Democrats have adopted a strategy of making it irrelevant through subversive interpretations and raising unprecedented revenue through "fees" - indistinguishable from taxes to anyone but a lawyer.

Last year, Gov. Bill Ritter first proposed a $100 increase in the annual vehicle registration fee - distinguished from the registration tax only by the quarter-inch that separates the two on your car's registration papers.

When KOA radio's Mike Rosen suggested that Ritter was merely side-stepping TABOR because it didn't apply to fees, the governor explained that this $500 million measure was legitimately a fee because "there really is a direct relationship between highway usage and infrastructure."

He didn't bother to explain how that was different from the fuel tax, since there is obviously a "direct relationship" between gasoline and transportation.

This year, Democrat legislators gave Ritter a $250 million vehicle fee increase. Can a fuel "fee" increase be far behind?

Ritter and his Democrat spending machine have also devised a new fee on hospitals, calculated to raise $600 million a year, while claiming to do so without raising costs on consumers. Magically, hospitals and state government rake in more money, but conveniently nobody pays more. Right.

Which brings us to the courts, unelected because the justices are expected to apply the law regardless of whether doing so is convenient or popular.

When the courts ruled that no "tax policy change" occurred even though Ritter and the legislature amended state law - what is law if not "policy"? - to force school districts to raise more property tax revenues, liberals were emboldened to short-circuit another TABOR provision that puts voters in charge.

The "weakening" clause reserves to voters the ability to ease existing limits on revenue, spending or debt. But Democrats, taking another page from Orwell, declared that the state's general fund spending limit - that's what state law calls it - is not a limit but "an allocation strategy."

"TABOR is silent on allocation strategies," declares Democrat Sen. John Morse, endorsing yet another slap in the face to taxpayers.

It's difficult to imagine why Democrats lawmakers would present voters with an outright tax increase ever again, so long as they can find legal lapdogs who will apply weasel words to change tax increases and spending limits into something else.

What tax issues, then, will voters be asked to consider? Mostly local government taxes or state matters in which the legislature or a special interest thinks it can fund a warm-fuzzy government program by taxing an unpopular target.

TABOR's most significant remaining limit, a cap on total state spending, was modified and temporarily suspended by Referendum C. Under those terms it returns in 2011, whereupon the cult of big government will undoubtedly devise a scheme to render it meaningless, too.

Won't it be ironic if, by inventing so many loopholes through which taxpayers can be soaked, overreaching Democrats sew the seeds of the next taxpayer revolt?

Can'em or keep'em?

(Denver Post, Apr. 5) “We are a nation that has a government, not the other way around.” Reagan’s words speak defiance to statism, but they are only as true as we make them. The 2010 election is Coloradans’ chance. Supreme Court justices Mary Mullarkey, Michael Bender, Alex Martinez, and Nancy Rice will be up for another 10-year term. Poor stewards of the law since they last faced voters in 2000, all four deserve dismissal. Whether they’re retained or bounced will signal how much we cherish liberty. Voting judges into office ended here in the 1960s. Gubernatorial appointments replaced the unseemly spectacle of jurists soliciting campaign funds. The people can still vote judges out, however, and no court can overrule us. Nor need we explain why. In this, at least, we’re still sovereign.

Capriciousness isn't justified. “Prudence will dictate” avoidance of political changes “for light and transient causes,” the Declaration of Independence cautions. But terminating a dishonest judge is warranted – and so is termination for breach of trust. Mullarkey, Bender, Martinez, and Rice have failed their constitutional trust.

The justices up for renewal are poster kids for the “living constitution” racket of legislating from the bench in disregard of the written text. Under Chief Justice Mullarkey, as Vincent Carroll wrote after last month’s TABOR ruling, “the Colorado Supreme Court seems to think that it is… free to redefine words however it likes.” Let’s answer their abuse of judicial review with electoral review and retire them.

Is this a wild revolutionary idea as some lawyers and professors will claim? No, it’s an eminently conservative remedy of checking power with power and reminding the government it answers to the nation, not the other way around.

Termination wouldn’t deny the thorniness of such questions as when a tax vote is required, how citizens can petition to discourage illegal immigration, whether low-income scholarships are allowable in public schools, who draws congressional districts, or why a juror’s Bible should annul a murder sentence. It would simply express our displeasure with the four activist Supremes by ordering them replaced.

Replacement, should it occur, may itself be thorny. If defeated in November 2010, Mary Mullarkey (appointed in 1987), Michael Bender (1997), Alex Martinez (1998), and Nancy Rice (1998), Democrats all, would leave office in January 2011 and have their places filled by either Gov. Bill Ritter or his successor. Republicans voters are more likely to want the seats vacated if they foresee a new governor, but that’s no sure thing.

Amendment 40, the judicial term limits proposal I led in 2006, led early but sank as the GOP base saw Bob Beauprez’s gubernatorial hopes fading. Its mandate for appellate judges with over a decade of service to leave after 2008 – which would have opened up five of the seven Supreme Court seats – was less attractive to center-right voters when a Ritter victory seemed likely. Might that dynamic recur next year?

It depends on how energetic and well-funded the do-not-retain campaign against Justices Mullarkey, Bender, Martinez, and Rice turns out to be. California chief justice Rose Bird and two of her liberal colleagues were tossed in 1986 by voters outraged at their leniency to killers. That Colorado murder case I mentioned, the one with the Bible, may gain notoriety as the 2010 race heats up.

Plus there’s the March 16 decision allowing billions in higher taxes without voter approval, which Beauprez calls “the kind of blatant judicial activism that infuriates the citizenry and increases the call for voting against retention of wayward justices.”

A dismissal drive called Clear the Bench Colorado is already being organized by Arapahoe County activist Matt Arnold. Politicians of both parties will probably keep their distance while a nonpartisan “can’em or keep’em” contest determines the four justices’ fate. I say can’em.