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Tag Archives: amicus brief


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Fighting for Our Future

Did you know that an upcoming US Supreme Court case could have a profound impact on the rights of faculty and all Americans to work together for our rights to free expression and safe, just workplaces? The case is part of a broad effort to weaken the voice of working men and women joined in unions. The AAUP is fighting these attacks.

Several court cases and legislative initiatives being pursued across the country aim to weaken the rights of working people, erode and privatize our public institutions, and further exacerbate the power imbalances in our economy. In particular, a ruling in the case Janus v. AFSCME Council 31, to be heard by the US Supreme Court this term, could result in workers in the public sector, including academics who are joined in unions, losing the right to collect contributions from all who are represented.

This would ultimately harm people working in higher education, our students, and our campuses. Standing together makes it possible to negotiate safe workplaces, reasonable teaching loads, a fair return on work, and the ability to retire with dignity. Faculty and academic professionals in unions defend academic freedom, standards in public higher education, shared governance, and due process protections.

The case is an attempt by powerful corporate interests to damage the public sector. We plan to submit an amicus brief in this case.

Here’s what you can do on the local level:

Stay informed. Stay engaged. Continue advocating for your campus community, your students, and higher education as a public good. Help organize your fellow faculty members to exercise a voice on campus. Together we are stronger.

Regardless of the outcome of this case, challenges to our profession, higher education, and our collective voice will continue. It’s more important than ever that we stand together. Our collective action makes it possible to defend the very best values of higher education. Thanks for being a part of it.

Julie Schmid
Executive Director, AAUP

P.S. A great way to support the continued legal work of the AAUP is to donate to the AAUP Foundation’s Legal Defense Fund. Click here to donate.


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AAUP Files Brief in Case Involving Harassment of Climate Scientists

The AAUP yesterday submitted an amicus brief in support of faculty members who have been subjected to intrusive public records requests for e-mails related to their climate-science research. The AAUP brief, filed with the Arizona Court of Appeals in the case Energy & Environment Legal Institute v. Arizona Board of Regents, argues that the academic freedom to conduct research is essential to a vital university system and to the common good and that this warrants protecting certain research records from disclosure.

The case arose from an extensive public records request that was made by the Energy & Environment Legal Institute, which uses public records requests in a campaign against climate science. In similar past cases, AAUP briefs have been key to court decisions rejecting the requests.

In this case, E & E submitted public records requests that targeted two University of Arizona faculty members, climate researchers Malcolm Hughes and Jonathan Overpeck. E & E counsel said the suit was intended to “put false science on trial” and E & E vowed to “keep peppering universities around the country with similar requests under state open records laws.”

The current brief urges courts to “consider the best interests of the state to maintain a free and vital university system, which depends on the protection of academic freedom to engage in the free and open scientific debate necessary to create high-quality academic research. Where the requests seek prepublication communications and other unpublished academic research materials, as in the case at bar, compelled disclosure would have a severe chilling effect on intellectual debate among researchers and scientists.”

We’ll update you on future developments and the continuing legal work of the AAUP. Do you want to support AAUP’s legal work? Donate to the Legal Defense Fund of the AAUP Foundation.

Best,
Aaron Nisenson,
Senior Counsel, AAUP