AAUP@FHSU


AAUP Signs on to Brief in Support of Dreamers

Last week, the AAUP, together with forty-three educational associations, signed onto an amicus brief submitted to the Supreme Court in support of the Deferred Action for Childhood Arrivals (DACA) program, whose participants are often referred to as “Dreamers.” The brief calls the DACA program “an unmitigated good for this country, its higher education system, and the young persons whom it has benefited.”

The brief was prepared by the American Council on Education and submitted to the high court in the consolidated DACA cases Dep’t of Homeland Sec. v. Regents of Univ. of Cal.et.al.

The amicus brief emphasizes that “DACA has been a symbol of tolerance and openness of our university campuses” and warns that rescinding DACA would broadcast to foreign-born students and potential students from around the globe a message of exclusion that would “irreparably damage the reputation of America’s higher education system in the eyes of the world.”

The Supreme Court is scheduled to hear oral argument in this case in November and a decision is expected before June 2020. The Trump administration moved to end DACA in 2017, but federal courts blocked that attempt. At that time, the AAUP issued a strong statement in support of DACA noting that “a large number of those granted DACA status are our students.” Most recently, the Court of Appeals for the Ninth Circuit upheld one of the district court’s orders requiring the Trump administration to keep the DACA program in place.

You can find a link to the full brief here.

Risa Lieberwitz
General Counsel, AAUP


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.


Action against the “travel ban” and a win for science

One of the things your membership supports is our work in the courts to protect academic freedom. I’m writing today to update you on recent legal developments.

Last night the AAUP joined with the American Council on Education and other higher education groups in an amicus brief to the US Supreme Court opposing the Trump administration’s travel ban. We argue that people from the six countries identified in the ban should not be barred or deterred from entering the United States and contributing to our colleges and universities.

As the brief notes, the ban has caused specific harm to higher education. From the moment the executive order containing the ban was signed, recruits were deterred from accepting faculty positions in the United States. Some scholars have pulled out of academic conferences here, either because they were directly affected by the ban or because they were concerned about its impact.

In the brief, we emphasize the international exchange of scholarly work, and explain how the ban “jeopardizes the vital contributions made by foreign students, scholars, and faculty by telling the world in the starkest terms that American colleges and universities are no longer receptive to them.”

The amicus brief is part of the AAUP’s continued work to combat the chilling effects that the administration’s border policies are having on faculty and higher education. We are also looking into legal issues related to a regulation that authorizes border patrol officers to search a traveler’s electronic devices at the borders without any basis for suspicion. In conjunction with the Knight First Amendment Institute at Columbia University, we are seeking information from affected faculty members; if you have had an experience of this kind, please read more and submit information here.

Another facet of our legal work involves defending scientists against a campaign of harassment being carried out by a group that opposes climate science and has stated that it intends to “keep peppering universities around the country” with requests for climate science research records. On Friday, we got some good news as the Arizona Court of Appeals rejected attempts by this group to use public records requests to compel two University of Arizona faculty members to release emails related to their research.

In an amicus brief in support of the scientists, the AAUP had argued that state statute creates an exemption to public release of records for academic research records, and that a general statutory exemption protecting records when in the best interests of the state, in particular, the state’s interest in academic freedom, should have been considered. The appeals court agreed. Read more here.

Lastly, I’d like to take a minute to thank you for standing with the AAUP.  In busy times like this, it is important to remember that members like you make this work and our victories possible.

Regards,
Aaron Nisenson
AAUP Senior Counsel

P.S. Please consider supporting the legal defense of higher education through a donation to the AAUP’s Foundation’s Legal Defense Fund.