AAUP@FHSU


AAUP Files Brief Opposing Political Attacks on Teaching About Race in Texas

Last week the AAUP submitted a brief to Texas attorney general Ken Paxton strongly opposing recent political efforts to ban ideas from the classroom. The brief was filed in response to a recent request from State Rep. James White for an opinion on whether teaching about race and racism in America, including critical race theory (CRT), would violate the civil rights of Texans. This insidious political maneuver to ban discussion of racial inequality is part of a broader right wing assault on the ability to teach truthfully about the impact of racism on American history and society.

These attempts to limit classroom discussion stand in irreconcilable conflict with the principles of free inquiry, free thought, and free expression, which the AAUP has championed for more than a century. The AAUP’s brief underscores how these transparent attempts to dictate the education provided by faculty could undermine higher education, violate academic freedom, and result in censorship and indoctrination. As the brief states,

“Academic freedom is the chief cornerstone of higher education. Unless academic activity is protected from government intrusion, the integrity of the educational system as a whole is imperiled. In higher education, the principle of academic freedom is closely linked to the function of the university as an institution charged with the attainment of the common good through the discovery and transmission of knowledge. In the absence of academic freedom, colleges and universities are prone to becoming instruments for the advancement of narrow partisan interests, mouthpieces for the propagation of specific doctrines, and factories of indoctrination rather than places of legitimate education. A government ban on classroom discussions of ideas and analysis concerning historical context and current issues of race and racism in the United States would violate academic freedom and undermine the higher education system.”

The deadline for the Texas attorney general to issue an opinion is January 31, 2022. An AAUP statement on legislation restricting teaching on race can be found here. We will keep you posted on updates in the case.

Aaron Nisenson, AAUP Senior Counsel


Amicus Brief: Campus Carry Violates Academic Freedom

The AAUP filed an amicus brief last week supporting a challenge to a statute and policy in Texas that compel faculty to permit concealed handguns in college classrooms. We argue that the policy violates faculty members’ academic freedom.

Texas passed a “campus carry law” that expressly permits concealed handguns on university campuses, and in 2016 the University of Texas at Austin issued a policy mandating that faculty permit concealed handguns in their classrooms. Several faculty sued, challenging the policy and the law. The lower court dismissed the case, holding that the faculty had not proven that they were harmed by the law or university policy. The faculty appealed and the case is now before the Fifth Circuit federal appeals court.

The AAUP joined with the Giffords Law Center to Prevent Gun Violence and the Brady Center to Prevent Gun Violence in an amicus brief supporting the challenge. We argue that college campuses are marketplaces of ideas, and that the presence of weapons has a chilling effect on the rigorous academic exchange of ideas. Students and faculty members will not be comfortable discussing controversial subjects if they think there might be a gun in the classroom. The brief argues that the policy (and the law pursuant to which the policy was created) requiring that handguns be permitted in classrooms harms faculty as it deprives them of a core academic decision and chills their First Amendment right to academic freedom. The brief cites decades of social science research supporting these apprehensions.

The brief argues that the “decision whether to permit or exclude handguns in a given classroom is, at bottom, a decision about educational policy and pedagogical strategy. It predictably affects not only the choice of course materials, but how a particular professor can and should interact with her students—how far she should press a student or a class to wrestle with unsettling ideas, how trenchantly and forthrightly she can evaluate student work. Permitting handguns in the classroom also affects the extent to which faculty can or should prompt students to challenge each other. The law and policy thus implicate concerns at the very core of academic freedom: They compel faculty to alter their pedagogical choices, deprive them of the decision to exclude guns from their classrooms, and censor their protected speech.”

To support the AAUP’s continued legal work, donate to the AAUP Foundation’s Legal Defense Fund now.

Thank you,
Aaron Nisenson
Senior Counsel, AAUP