Arizona Republic
E.J. Montini column
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.â€
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.â€
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.â€
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. They may not invoke the power of the
government to shut him up.â€
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.â€
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)
