Free speech the topic of Faculty Council discussion

Free speech the topic of Faculty Council discussion

BY GRETA MEYLE | OCTOBER 09, 2013 5:00 AM

University of Iowa faculty representatives want to discern the difference between free speech and provocative behavior among their peers.

At the Faculty Council meeting Tuesday, after mixed court verdicts regarding university staff members rights, Faculty Council members held a detailed discussion on to what extent a faculty member has the right to criticize the institution he or she works for.

In the 2006 case Garcetti v. Ceballos, the court found public employees dont necessarily have the right to criticize the institution they work for. Contrarily, a recent 2011 case involving a faculty member and the University of North Carolina-at Wilmington, the court decided that faculty members of a public university should be remised from the Garcetti ruling.

Even more recently, the Aug. 21 case of Demers v. Austin, the U.S. 9th Court of Appeals ruled in favor of faculty that the First Amendment protects faculty if the issue is related to scholarship and teaching. These rulings, and groups that encourage faculty free speech, such as the American Association of University Professors, have given rise to many universities considering modifying their policies.

Faculty Council President Erika Lawrence said that the goal was to start the conversation early to protect against future implications.

I mean, this is a huge issue for the faculty of a public university, Lawrence said. Some courts are protecting faculty free speech more than others this could really affect us down the line.

Lawrence said it really comes down to whether a faculty member is expressing disagreement or being hostile or disruptive, especially under representation of the UI.

Law Professor Christina Bohannan approached the issue from a Supreme Court standpoint.

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Free speech the topic of Faculty Council discussion