My understanding is that he was not fired from his employment with the institution, he was just fired as an administrator. With faculty status and tenure, he returns to his home department. If he disagrees with the direction of the administration so profoundly and is unable to effectively argue for change within the administrative team discussion, he might voluntarily leave the administration as an expression of his disapproval. As a faculty member, he can say what he likes.
If this were a case of whistle-blowing over unethical or criminal behavior within the organization, the speech might be protected, but I think not as First Ammendment speech per se. (I'm no lawyer; this is just my sense of this difference.) Executive appointments in the White House and other government agencies operate in much the same way, sans the option of returning to a non-management position in government. I recall a Nixon appointee who resigned in protest of administration decisons and policy regarding Watergate. I expect management positions work in similar ways in private industry. How long would an executive last if he or she started a blog complaining publicly about how poorly the company were run? For that matter, how long did a general last after he'd been quoted slamming the decisions of the Commander in Chief? For faculty administrators, this does not exactly equate to losing (or quitting) one's job, although there is the loss of status that might be associated with the administrative title and loss of the pay associated with moving from a 12-month contract to a 9-month contract. Claudia Stanny On Mon, Oct 11, 2010 at 11:53 AM, Rick Froman <[email protected]> wrote: > > > You’d think wouldn’t you, but it gets all mixed up when your employer is > a state school. > > > > Rick > > > > Dr. Rick Froman, Chair > > Division of Humanities and Social Sciences Box 3055 > > x7295 > > [email protected] > > http://tinyurl.com/DrFroman > > > > Proverbs 14:15 "A simple man believes anything, but a prudent man gives > thought to his steps." > > > > *From:* Marc Carter [mailto:[email protected]] > *Sent:* Monday, October 11, 2010 11:42 AM > > *To:* Teaching in the Psychological Sciences (TIPS) > *Subject:* RE: [tips] Deans Can't Count on First Amendment > > I never would have thought that the first amendment would apply in > cases like this. The Bill of Rights is a constraint on Government, not a > constraint on employers.... > > m > > -- > Marc Carter, PhD > Associate Professor and Chair > Department of Psychology > College of Arts & Sciences > Baker University > -- > > > > > ------------------------------ > > *From:* Christopher D. Green [mailto:[email protected]] > *Sent:* Monday, October 11, 2010 11:20 AM > *To:* Teaching in the Psychological Sciences (TIPS) > *Subject:* [tips] Deans Can't Count on First Amendment > > > > > Occasionally we have had discussions of the scope of academic freedom and > even First Amendment rights when it comes to publicly criticizing the > administration of one's institution. Some have expressed the opinion that > the scope of these principles is very wide. I have usually maintained that > the First Amendment only prevents the government from jailing you, not your > employer from firing you. > > Here's what the US Courts think: > http://www.insidehighered.com/news/2010/10/11/dean > > Chris > > -- > > Christopher D. Green > Department of Psychology > York University > Toronto, ON M3J 1P3 > Canada > > > > 416-736-2100 ex. 66164 > [email protected] > http://www.yorku.ca/christo/ > > ========================== > > > > --- > > You are currently subscribed to tips as: [email protected]. > > To unsubscribe click here: > http://fsulist.frostburg.edu/u?id=13029.76c7c563b32ad9d8d09c72a2d17c90e1&n=T&l=tips&o=5555 > > (It may be necessary to cut and paste the above URL if the line is broken) > > or send a blank email to > leave-5555-13029.76c7c563b32ad9d8d09c72a2d17c9...@fsulist.frostburg.edu > > > ------------------------------ > > The information contained in this e-mail and any attachments thereto > ("e-mail") is sent by Baker University ("BU") and is intended to be > confidential and for the use of only the individual or entity named above. > The information may be protected by federal and state privacy and > disclosures acts or other legal rules. 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