JONATHAN TURLEY 7/8/2023
Fourth Circuit Rules Against North Carolina State Professor Who Spoke Out Against Diversity Policies
The United States Court of Appeals for the Fourth Circuit has delivered a body blow to free speech as well as academic freedom in a ruling against a statistics professor at North Carolina State University. Professor Stephen Porter objected to what he considered the lower standards used by his school to hire minority faculty. The school declared such views as insufficiently “collegial” and retaliated against him. Now a divided panel has ruled that such views are not protected by the First Amendment — potentially opening up even greater retaliation against conservative, libertarian, and dissenting faculty. Rather than punish them for failing to echo the views of the schools, they can now be fired for their lack of collegiality in speaking against such policies and hires.
Just when you thought things could not get worse for the dwindling number of dissenting faculty, the Fourth Circuit just found a way. If this decision stands, “uncollegiality” will become the new code for retaliating against dissenters on faculties. Indeed, likability and collegiality were long denounced as excuses for rejecting (or poorly evaluating) female and minority candidates.
Judge Stephanie Thacker (right) wrote the opinion with Judge Andrew Wynn over the dissent of Judge Julius Richardson.
Thacker’s ruling in Porter v. Board of Trustees of North Carolina State University would effectively gut both free speech and academic freedom protections for dissenting faculty. It is not just chilling, it is glacial in its implications for higher education.
Porter is a tenured statistics professor in the college of education. It is an area that has been the focus of much controversy in recent years, including columns on this blog. We previously discussed how academics like University of Rhode Island Professor and Director of Graduate Studies of History Erik Loomis denounce statistics and science as “inherently racist.” Others have agreed with that view, including denouncing math as racist or a “tool of whiteness.” There are also calls for the “decolonization” of math as a field. Some like Luis Leyva, associate professor of mathematics education at Vanderbilt University has declared all math to be racist and that universities need to “reimagine” and structurally “disrupt” math departments.
Porter clearly does not agree with that viewpoint. He was opposed to what he viewed as the school elevating a social agenda above good scholarship. He specifically objected to what he viewed as a lowering of standards to hire minority faculty. He stated so freely to his colleagues in emails as well as at meetings. He also wrote a column expressing those concerns.
More:
https://jonathanturley.org/2023/07/08/fourth-circuit-rules-against-north-carolina-state-professor-who-spoke-out-against-diversity-policies/
