Texas Lieutenant Governor Dan Patrick has issued a statement describing his plans for the next session of his state legislature. Click on the screenshot to enlarge what’s written below. You will immediately realize that he is a Republican. (He’s been Lieutenant Gov. since 2014, and was re-elected in 2018).
As you see, he’s calling for the elimination of tenure, a mainstay of academic freedom. What about already-tenured professors? He says that they’ll be reviewed annually instead of every six years. Regular reviews for professors with tenure, or at least full professors, aren’t that common. After some years as a tenured associate professor, you’re evaluated for promotion to full professor, but once you make that, you’re at the top, and there’s no reason to “review” you except for your department to let you know how they think you’re doing or if you’ve committed some grievous offense or been grossly incompetent. Firing a tenured professor is very difficult.
So what Patrick is proposing here is to tell all new hires that they have is no employment security, and you’d better be careful what you say. You can be let go for reasons not specified in the above.
Finally, Patrick is “outraged” by a vote of the Austin campus’s faculty “in support of teaching critical race theory”. That, and his note that the UT system is being taken over by “tenured, leftist professors” shows you that he’s concerned more with ideology than with politics.
But his statement above is grossly distorted.
Re the CRT resolution, the Austin American-Statesman actually reported this on February 15:
The Faculty Council at the University of Texas approved a nonbinding resolution Monday defending the academic freedom of faculty members to teach about race, gender justice and critical race theory.
The resolution, approved 41-5 with three members abstaining, states that educators, not politicians, should make decisions about what to teach, and it supports the right of faculty members to design courses and curriculum and to conduct scholarly research in their fields. The UT Faculty Council is an organization that represents the faculty members at the university.
Faculty members approved the resolution partly in response to legislation around the country seeking to limit discussions involving race in schools, colleges and universities. The resolution expresses solidarity with K-12 teachers in Texas who are seeking to “teach the truth in U.S. history and civics education.”
Patrick has clearly misrepresented the resolution, which was not only nonbinding, but was also not at all “in support of critical race theory.” What it supported was the right of faculty to teach that (or about race or gender justice); it did not give support to specifically teaching CRT! In other words, Patrick lied.
The UT Austin resolution was itself a response to the Republican-controlled state legislature—you know, the one that passed the unconstitutional “fetal heartbeat” antiabortion law—trying to prevent topics from being taught in secondary school:
The Legislature last year enacted restrictions on teaching certain topics in K-12 public schools, in an effort to target critical race theory — largely taught in colleges and universities — a Republican catch-all for what some see as divisive efforts to address racism and inequity in schools.
Gov. Greg Abbott signed House Bill 3979, which limits how teachers can discuss race and current events in social studies courses, and then expanded the restrictions to any subject in grades K-12, including ethnic studies courses, with the passage of Senate Bill 3 during a special session. Other states, such as Iowa, have prohibited the teaching of critical race theory and “divisive concepts” in higher education as well as K-12 education.
The Texas laws don’t mention critical race theory directly, but they forbid schools from requiring in courses concepts such as that “an individual, by virtue of the individual’s race or sex, is inherently racist, sexist, oppressive, whether consciously or unconsciously,” and an understanding of the 1619 Project, a New York Times series examining the role and legacy of slavery in the founding of the U.S.
There was no ban on teaching anything in higher education, i.e. in colleges. So Patrick’s call for teaching CRT to be cause for eliminating tenure in colleges is not only fatuous, but punishes something that’s already legal to do. And, as we know, “CRT” really is a slippery concept: it runs through teaching honest history about oppression in America to the full-blown Kendi-an version that calls for Constitutional Amendments to monitor racism everywhere.
That’s one reason why I oppose any of these anti-CRT bills. The the other is that you have to be very careful about telling people what’s legal and illegal to teach. It’s a violation of the First Amendment to teach creationism in science classes, and I wouldn’t favor teaching Holocaust denial in history classes, but that matter can be dealt with by universities themselves, not by the legislature, which is a blunt instrument.
Finally, the Academic Freedom Institute wrote an excellent response to this Teas proposal explaining why tenure is important and why banning teaching some subjects in college is a bad thing to do. Click on the screenshot to read their statement:
In case you’re not in academics and have forgotten or don’t realize why we have tenure (most jobs don’t), it’s because it’s a way to preserve academic freedom. To quote the AFA document (I’ve put the crucial part in bold):
Tenure protections for university faculty were adopted throughout American higher education in the twentieth century precisely in order to protect faculty from the efforts of politicians, donors, university administrators, and other faculty to suppress ideas that they do not like. The lieutenant governor’s proposals strike at the very heart of the academic enterprise by prohibiting the teaching of certain ideas, thus immunizing contrary ideas from intellectual challenge. This, in effect, establishes campus orthodoxies and forbids the expression of dissent. Few things are more toxic to intellectual life.
To fulfill their missions, universities must be places where controversial ideas can be freely debated and where ideas are tested and supported through the consideration of evidence, argument, and analysis and not by subjecting them to popularity contests at the polls, in legislatures, or anywhere else. A free society does not empower politicians—or anyone—to censor ideas they do not like and silence scholars of whom they disapprove.
. . . Tenure provides valuable practical protection for that freedom of critical inquiry. Principles of academic freedom and freedom of speech are empty platitudes if they cannot be effectively secured. If professors can be fired for teaching ideas of which the legislature disapproves, then state universities will cease to be engines of intellectual discovery and progress. If professors can be dismissed for teaching ideas that a majority of the Texas legislature dislikes today, then they can likewise be dismissed for teaching a completely different set of ideas that a different legislative majority in the future or in a state with a different political or ideological coloration finds objectionable. True intellectual diversity requires the freedom to think, teach and write without the threat of political reprisals against those who voice dissenting opinions. Academic excellence is impossible where politicians, administrators, other faculty, or anyone else place limits on what ideas can be discussed in a college classroom.
It’s manifestly clear that Lt. Governor Patrick is trying to get professors fired for teaching “liberal ideas”. But what it shows as well is that assaults on freedom of speech, as well as on academic freedom, come from both ends of the political spectrum. Here’s a Right-winger trying to restrict speech, and the Left often tries as well (see here and previous 19 pages). There is no ideological monopoly on authoritarianism.