Sunday, May 3, 2009

Thursday, April 16, 2009

It can happen here (because it is happening here!)

Massachusetts was once a cradle of liberty. In researching my book Race and Liberty in America, how uplifting it was to read those freedom fighters who fled to the more hospitable climate of Massachusetts where they could speak their mind on slavery and other civil rights issues.

Flash forward to 2009 and the thought police are busy quashing "quaint" notions of free speech, free press, and freedom of conscience. For the latest assault on campus freedom, read http://www.thefire.org/index.php/article/10475.html

This incident, along with so many others, remind me of The Clash lyric:

"You have the right to free
Speech as long as you're not
Dumb enough to actually try it. . . "

"You have the right to remain silent
You are warned that anything you say
Can and will be taken down
And used as evidence against you."

Thursday, March 12, 2009

The Great Depression and College Life

With all the world abuzz with talk of the dreaded "D" word, this post discusses sources for the study of college during hard times. Nearly every college or university has an archive with records dating back to the 1930s. With modern scanning technology, it becomes easy to upload to your own online storage site and then share the 1930s college experience with the world.

Since my institution hired me to teach the Great Depression (among other courses), I grabbed photocopies of all Board and President minutes and reports. Last month I uploaded the entire era (1929-1942) to here. Download the root folder as a zip file, then open with your photo manager.

Google Books is digitizing the world's history of fiction and nonfiction (including newspapers). There is no reason why students and amateur historians can't "do their part" (the early New Deal slogan).

Another great site for documents from that era, including a high school newspaper and college material: "The New Deal Project."
It appears that allegations of liberal bias among the faculty ran rampant in that era too. They didn't call it Political Correctness because that term didn't come along, it seems, until the communist Mao wrote his Little Red Book.

This portal at the New Deal Project examines "Student Activism in the 1930s," with many documents and images from that time period. Most students, however, conformed to the "Joe College" and "Betty Coed" norms of their parents--particularly since the latter (Mom and Dad) sacrificed so much to send their kids to school.

OTHER SOURCES: I also recommend the following free online magazine archives:
Time: http://www.time.com/time/

The Nation: http://www.thenation.com/ -- change search option to 1865-2002.

American Jewish Committee: http://www.ajcarchives.org/main.php -- everything from their archives and publications from 1900 onward. With the Nazi rise to power (1933), the AJC dealt with anti-Semitism overseas and at home.

FDR Cartoon Database: http://www.nisk.k12.ny.us/fdr/

EH.Net: http://eh.net/ -- this fantastic site combines economics and history and is useful for determining the present-day value of past sums or for its ever-growing encyclopedia, book reviews, economic data, etc. Search the site for Great Depression and you will come up with interviews with leading economists in the 21st century, and much more! It is no understatement to state that the Depression is to economics what the Big Bang is to physics. Entire schools of thought grappled (and still do) with the causes, the effects, and the various elements of economic life. Our current Fed chairman, Ben Bernanke, for example, wrote some of his early academic essays on this topic.

Gulag: Lest we forget the other "class genocide" of that era, he are some choice documents (and English translations) of Lenin and Stalin ordering the extermination of property-owning peasants.

Saturday, February 28, 2009

God and Man and U., Part 2

For cases of religious discrimination on campus, readers may consult web sites operated by watchdog groups that defend religious freedom. For some of these groups it is a core mission, but for others it is one of many civil liberties issues:

FIRE: See their guide to religious liberty.

Alliance Defense Fund: One of the top lawyers for FIRE, David French, left to help with this aggressive organization. They can help you with a case of religious discrimination, find local counsel, or seek out similar public interest groups in your region of the USA.

Anti-Defamation League: ADL is actively fighting anti-Semitism on many fronts, including the campaign to battle academic boycotts of Israel. It is a sad state of affairs when thousands of scholars (myself included) have to sign a petition opposing a boycott of the country allowing the freest expression of opinion and religion in the Middle East. There is no such boycott of Iran or other Muslim nations that sharply restrict religious and academic freedom. Read this Freedom House report.

Here is Freedom House's report on Israel rating it "Free." Reports on Egypt and Iran are also available, along with annual reports on every country in the world.

Catholic League: Many years ago, someone quipped that anti-Catholicism was the "last respectable bigotry." The Catholic League is that religion's equivalent of the Anti-Defamation League. Search their site for "academic" (without the quotes) and you will find many items.

The oldest organization in America on this issue is the

ACLU: Often accused of promoting "freedom from religion" (rather than freedom of religion), the organization does take on cases that protect the rights of the religious, as well as the atheist.

Friday, February 20, 2009

God and Man and U., Part 1

Every crisis provides "teachable moments": lessons forgotten or neglected in more placid times. Americans are now (re)learning the dangers of

"Moral hazard": the notion that people take excessive risk if they know they will be bailed out. Think Freddie Mac, Fannie Mae, banks, S&L's (1980s), and the housing industry.

"Too-big-to-fail" principle: hence, the first in line for bailout money are the titans of finance (Citigroup, AIG) or the "Big Three" (not so big any more). Is this moral? Pundits are embroiled in debates over this very question.

This crisis is no different when it comes to economics or academic freedom. That brings us to the concept of

"Crossover sanctions": "force the implementation of federal requirements in one area or the states risk losing money in another, similar area. For instance, states may lose highway grants if they failed to follow certain health or safety requirements imposed by the federal government."

Some well-known crossover sanctions include the federal requirement that all states lower their maximum speed limit to 55 (since repealed) or raise the drinking age to 21. Crossover sanctions grew enormously from the 1970s onward, as Congress discovered the splendid power of "attaching strings" to federal aid. This has worked a quiet revolution in the relationship between the federal and state governments. "He who pays the bills calls the tunes."

So, what does this have to do with higher education? A lot.

The latest stimulus act, with billions for higher education, has come with some "crossover sanctions." One of the issues was whether the money violated the religious freedom of students on campuses. Senator Jim DeMint (R-SC)introduced an amendment "to allow the free exercise of religion at institutions of higher education that receive funding. . . ."

DeMint was responding to the following section of the act (the Demint amendment failed on a 43-54 roll call vote):
(2) PROHIBITED USES OF FUNDS.—No funds awarded under this section may be used for—(A) the maintenance of systems, equipment, or facilities, including maintenance associated with any permissible uses of funds described in paragraph (1); (B) modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; (C) modernization, renovation, or repair of facilities— (i) used for sectarian instruction, religious worship, or a school or department of divinity; or (ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission; or (D) construction of new facilities.
The usual suspects roared forth with the usual vitriol: The Right claimed that godless liberals and the ACLU were trying to scrub religion from the public square. The Left shouted back that the conservatives were a bunch of know-nothing theocrats.

The civil liberties group FIRE took a middle-of-the-road stance: Detailing concerns with the vague language, while urging a simple amendment--one that apparently was too "controversial" for passage.

The truth is state universities don't need this current law to restrict religious expression on campus. In fact, they have already found ways to punish, reprimand, and "decertify" Christian, Muslim, and Jewish groups on campus.

That is a story for my next post.

Tuesday, February 3, 2009

The Right to Blog: The Law for Students and Staff -- and Cops

The Electronic Frontier Foundation has several good web sites explaining the right of students to express themselves on blogs:

http://w2.eff.org/bloggers/lg/faq-students.php

and for state college faculty and staff:

http://w2.eff.org/bloggers/lg/faq-labor.php

Since one out of five students blog, and a great many faculty and staff blog as well, these are useful primers on First Amendment Rights.

EFF also discusses your right to an anonymous blog: the contentious issue challenged by police groups and others who do not like sites such as ratemycop.com or ratemyprofessors.com

For more on the efforts of police to shut down cop-rating blogs, see this article.

Perhaps your campus newspaper could do a story on student and staff blogs? Do they educate? Go over the line? What role do they play in college student and faculty life? The new "virtual diary" of the 21st century? Or will all your "status updates" go up in smoke when you shut down your Facebook account?

Saturday, January 31, 2009

Big Brother and U, Part II: Is Your University Reading Your Email?

In a previous post, I discussed recent high-profile cases involving college surveillance and the use of email or Internet postings against students, faculty or staff. (Update: The Electronic Frontier Foundation effectively won its case defending the student leader who emailed her criticisms of Michigan State's calendar policy to faculty on campus. The university accused her of "spamming." FIRE referred the litigation to EFF, a civil liberties group specializing in electronic law).

In Part II, I offer the following information to shock you into how little privacy you have via e-mail or the Internet. In short, if you use a university email account--even off campus--the university owns that electronic "property" and may archive it for years.

Most universities have network policies that forbid anything even remotely personal via email or the Internet on campus. Of course, everybody breaks this rule because a) they are not trained to understand the limitations on email; and b) most people believe that "emailing home" about getting dinner for the family is much like calling the family on a university phone. We all do it and yet that too violates university policy. A few campuses allow reasonable private use of university email but my university, like most others, does not carve out that space for students or staff. (Correction: The main Carbondale campus does not allow personal use but the Edwardsville campus does allow "personal use").

The following guide by Tina Murch, "E-mail Privacy? Only a 'Virtual Reality'" is the best wake-up call that I have read on the Internet. I highly recommend it to any one who uses university email or equipment. If you use your own laptop, Murch notes, you are still using university wireless and can be busted. Moreover, if you email from a non .edu account to someone with a non .edu account but that recipient receives it on campus, you are still busted! University discretion is enormous. Since most people are unaware of the pitfalls of email and computer use, even when off campus, Murch offers tips on how to survive this Brave New World.

Her tips are not enough. I urge you to contact university officials and request several things:

1. Training and transparency: The rules on most campuses sound good but there is discretion to do just about anything, particularly when information is archived (my university states that privacy is a "basic right" but there are loopholes, including the unstated "gotcha" category of punishing people for private use of email. Also the catch-all "disclosure made for the purpose of resolving internal disputes," etc.)

2. Question authority: ask questions of campus authorities:

*How many monitoring cases have there been in the past five years?

*How long does your university archive email and other Internet usage logs?

*Campus newspapers need to ask whether their email correspondence is subject to surveillance. In one case, a university fired faculty, in part, because of "private" email sent to a student newspaper editor. Accused of trying to "discredit" an administrator, the campus president fired two faculty members!

For more on that case, read here. Apparently, bringing truthful information to the president, following procedure, and then having the local AAUP investigate when the president did nothing about a serious matter = termination of two tenured faculty. This case, and so many others, is why I have lost my capacity to be shocked but not to be outraged.

So, if you think it can't happen on your campus, it has and will if good people do nothing. Even on my own campus, high-profile termination cases left a lot of questions about the use of past email. But the investigation reports are sealed and heavily redacted, or so we are told. Who knows how far back universities go when retrieving email in cases against students or faculty.

Student email has been punished at my university because it "harassed" the recipient, who was so shattered she published it on her web magazine! Although the email was in poor taste, taking out an ad to decry anti-feminist ramblings sounded like overkill to our campus newspaper. One wonders when a college president will take similar action against some wild-eyed feminist bashing Republican women as "fascist sex-traitors." My guess is: never.

3. Statute of Limitations: Since most people are clueless, and have violated strict network policies, almost any one can have their electronic past used against them. Officials need to set a statute of limitations for violations, as they do in other university code violations. Currently, university network policies set "forever" as the default statute of limitation. That makes the IRS sound like a friendly agency by contrast!

4. Reasonable private use: Some universities take the "chill" off students and staff by allowing reasonable private use. The alternative is for people to avoid .edu email altogether--and that is not good for the university! God knows, this professor has to look up the preferred email of students on Facebook because I assume that .edu is not their primary address. This is an unproductive use of my time.

5. Offense is defense: if you are a free thinker--and who doesn't think freely from time to time?--and feel you may become a target, make a habit of archiving all of your email for contextual defense. Campus prosecutors routinely "cherry pick" email to cast the accused in the worst light. Don't let them do it.

If you become involved in controversies (or not), you may wish to retain certain information in case Big Brother tries to terminate you. Keep this information and your email archive in a safe place, preferably in an encrypted online storage site. (My home was burglarized but I had a backup AND certain information I may need in the future is in a place where burglars cannot get it).

Remember the line: "do not go gentle into that good night!" (Dylan Thomas)

Again, just to let you know what universities can do to you, check out the cases in my prior post and this explicit statement by Temple University in its email usage guide: Scroll down to 14.6 to read this:

"14.6 WORKPLACE SURVEILLANCE AND SEARCHES
Temple University may authorize the use of reasonable surveillance and search measures as necessary to ensure an appropriate work environment or compliance with University policies and applicable law. Subject to legal requirements, the University reserves the right to inspect and search all work areas, desks, computers, file cabinets, lockers, lunch boxes, or other containers, and personal vehicles in University parking lots or public streets within campus boundaries or any other area within University control. In addition, all records contained in computers (including voice mail and e-mail) and storage devices (including removable media) are open to inspection by the University in accordance with University policies, subject to applicable legal requirements."

Got your attention?

Part III (forthcoming) will be a guide to protecting your privacy when you are completely free of campus life. Even at home, you may be vulnerable to keylogging and other privacy-invading practices. Yes, even if you use a Mac!

Saturday, January 24, 2009

Big Brother and U, Part I: Is Your University Reading your Email?

For many years, I have fought restrictions on academic freedom. As President of the Illinois Association of Scholars, an affiliate of the National Association of Scholars (NAS), I deal with these issues across the state. As a historian I am researching the past record of civil liberties on college campuses.

In a word, I have lost my capacity to be shocked at what some will do to others within the Ivory Tower of higher education.

While the issues remain the same, the techniques used to restrict academic liberty change. It might be a new area of law (sexual harassment codes) or a new technology (should college libraries censor Internet content)?

This column deals with a new reality that shocks people when they find out that their university may be reading their email, watching their screen activity, or even punishing students, staff or faculty for what they write on Facebook.

Most people are shocked when they learn how vulnerable they are to electronic surveillance. Consider this a primer on learning the tactics of surveillance and how to avoid becoming a victim of it.

General advice: Assume that Big Brother is reading or watching everything you write on a campus computer or email account. Using a non-academic email account is wise (see next post) but does not provide 100% protection.

Case Studies:: here are some real examples of the problem:

*Campus email ends up as evidence in a recent lawsuit involving tenure and promotion. The email was up to TEN YEARS OLD. My campus, probably typical, archives all administrator email. The university policy toward non-administrator email is unknown (as IAS president, I will be sending out a questionnaire to all state universities asking this question, among others).

*Facebook censorship:: A student at Valdosta State criticized new student fees for the building of a parking garage on campus. He used his Facebook page to create a satirical collage criticizing the university administration's move to impose fees to build this garage. Result: The administration cited the Facebook page as evidence that the dissident student was a "clear and present danger" and banished him from campus. FIRE brought a lawsuit and immense publicity to bear on the university (including Youtube video, legislative lobbying, and a full-page ad in the U.S. News & World Report college rankings issue). The university finally admitted it was wrong, hired a new president, and apologized to the student.

*Michigan State retaliated against an undergraduate student leader for distributing a questionnaire via email to faculty asking for their responses to a new school calendar. The university had encouraged constituency input but did not like the student's criticism of the proposed calendar. By invoking the obscure campus networking policy, the university punished her for "spamming!" Her "crime" was distributing email to individuals without first asking their permission! If that is a crime, we are all guilty. Together with other groups, FIRE has taken her case. You can't make this stuff up.

*Rumors are flying on one Illinois campus that the general counsel is trying to track down "whistleblowers" who divulged information resulting in lawsuits that the university lost or settled. Institutions hate to be embarrassed and will (or might) take steps to spy on a P.I.T.A. (Pain in the Ass). Whether the rumors are founded or not, an ounce of knowledge is helpful to prevent "The Man" (or "The Woman") from coming down on you for electronic speech.

A cautionary word to college snoops: be careful becausee FIRE is not the only civil liberties group defending people from e-censorship; my friends at the Electronic Frontier Foundation are also diligent.

In cases like this, knowledge is power. Know what to do (or not do), and who to call if you need help against Big Brother.

The second part of this primer on electronic surveillance will educate readers as to how universities may read email and "log" (transmit) all of your keystrokes to their administrative office for review.

(To be continued)

Tuesday, January 20, 2009

CHICAGO TRIBUNE: U.S. Grant Marches South Again

Subtitle: "SIU Loses Archives to Mississipi State University."

Read here

No human being is perfect but John Y. Simon was the most public face of SIU to the world. I said so before the controversy that led to his "not being fired" (he's fired, he's not fired, he's dead, the millions of dollars spent to build this collection are . . . gone to Dixie).

John Y. (as he was known) taught a subject enormously popular with students and the public at large: Civil War and Reconstruction history. Not as fashionable as gender or "queer studies." Yet I'm convinced that many students majored in History because they were "turned on" to it by JYS (so they told me during my five years as academic adviser to undergraduates).

Budget cuts and professional fads make it unlikely SIU will hire a Civil War or military or presidential historian any time soon. As the deep thinkers in my profession say, "that would be pandering." Why give the students a little of what they want? It's not as if they are going to influence much of our curriculum anyway. (In other colleges, if the demand for nursing is up, they hire more nursing professors. The liberal arts doesn't work that way. We are "different").

SIU will be different without the Grant Papers and John Y. Simon. What the school needs is scholars of stature who can reach out to the wider public, as he did. Many try, few succeed.


PS: The Ulysses Grant Association is still listed on SIUC's index of organizations. If you click on the link you will be "404'd":

NOTE: The moderator is busy going over his copyedited book manuscript. The pace will slacken in the next week but important news will be blogged about sooner rather than later. Stay tuned.

Tuesday, January 13, 2009

FIRE Fight: Heated Exchange on SIU's Academic Freedom Record

In today's Southern Illinoisan, Chancellor Sam Goldman lashed out at academic watchdog group F.I.R.E. Focusing solely on the speech zone policy, Goldman faulted FIRE for being "a group that does not do their homework whatsoever."

FIRE helped win a major court decision against SIUC on religious freedom (2006), it spoke out against the sexual harassment policy and due process treatment of Cal Meyers (2008) and continues to monitor all of its "Red Alert" institutions, including SIU-C. In a word, FIRE's interest in student and faculty rights is longstanding, whatever you think of their position.

Today, the group responded with a broad critique of SIU's "many existing policies, which violate the First Amendment." FIRE accused the chancellor of "deceit" in failing to announce that SIU had silently changed the RSO Handbook. FIRE also accused the chancellor of misleading the media about the reasons for SIU-C's "Red Alert" status. The FIRE statement comes before a promised second statement by Chancellor Sam Goldman defending SIU against FIRE's "Red Alert" rating of the school.

With the controversial sexual harassment policy due for review soon, FIRE will probably be watching the end result, not expected until February, if media reports are accurate.

For more on FIRE's monitoring of SIUC, click the Traffic Sign widget to the right of this blog, or click here.

See also "Attention, Chancellor Goldman: Here’s Why SIUC is a 'Red Light' School."