Arizona Republic E.J. Montini column _Court refuses to subtract math prof's free speech_ (http://www.azcentral.com/members/Blog/EJMontini/84597)
Back in 2003, math professor Walter Kehowski used his Glendale Community College web site to deride a school-sponsored “Dia de la Raza” celebration, and to post articles with headlines like “How to Deport Illegal Aliens,” “ Mexicans Think U.S. Belongs to Them!” and “Mexican Double Standard.” On Columbus Day of that year he attached an e-mail link to his site reading, “It's time to acknowledge and celebrate the superiority of Western Civilization.” Students, district employees and politicians were outraged by the posts and demanded that the school prevent Kehowski from using the school's computer system to spread what they called his ethnically-charged, politically hostile beliefs. "It shocks me that a member of the faculty would have such a warped view of the Latino students that he's supposed to be teaching," one state legislator said. But Kehowski told me at the time, "What got them upset were some of the essays that were critical of Hispanic organizations. It's unfortunate that they have such a strong reaction. "I never bring up (politics) in class. I keep it all business. The collection of essays on my Web site are entirely outside of my class. I never make it a requirement that a student look there." The school administration agreed, condemning the professor's views but siding with his right to express them. Some of the district's Hispanic employees then sued the district, claiming that the college's governing board, chancellor and president had created a hostile work environment by not taking action against Kehowski. I disagreed with what Kehowski posted and in 2003 wrote a column demanding that something be done about the polarizing math professor. What I suggested we do was: “Defend him. Because he deserves it. Being wrong and doing something wrong are not the same thing.” Given the way people on opposing sides of SB1070 talk about one another these days that's still not a concept all of us are willing to embrace. That is why we have courts. Lawsuits sometimes have greater longevity than math professors or newspaper writers. In this instance, that was not the case. The lawsuit against the college officials worked its way up to the Ninth U.S. Circuit Court of Appeals. Among the three judges considering the case was retired Supreme Court Justice Sandra Day O'Connor, serving a fill-in role for the court. It was clear from the court's ruling that the judges were no fans of Kehowski's opinion. But the decision still went against those who filed the lawsuit. Writing for the court, Chief Judge Alex Kozinski said, “It's easy enough to assert that Kehowski's ideas contribute nothing to academic debate, and that the expression of his point of view does more harm than good. But the First Amendment doesn't allow us to weigh the pros and cons of certain types of speech. Those offended by Kehowski's ideas should engage him in debate or hit the ‘delete' button when they receive his _emails_ (http://www.azcentral.com/members/Blog/EJMontini/#) . They may not invoke the power of the government to shut him up.” Kehowski was surprised and pleased by the decision. “I was very impressed by the reasoning,” he told me, “They really did get to the heart of the matter. That we have freedom of speech and academic freedom.” Then he added something one might not expect from a person who instigated a major free speech ruling. “I'm at a loss for words,” he said. (Column for May 28, 2010, Arizona Republic)
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