The First Amendment to the Constitution is fast becoming a luxury good affordable only for those who can also hire or attract good lawyers to their cause after the inevitable cancel attempt. Those who don’t fit those categories had best hunker down and keep their thoughts to themselves.
The Western Journal brings us the latest example. The WJ bills the story as a big win for free speech and academic freedom with the headline: "Professor Suspended After Refusing to Grade Students Based on Race Gets a Big Win from the Judge."
But the case only serves to prove our point.
The case began in June 2020 just after career criminal George Floyd died while in police custody. A group of moral exhibitionist students with a low opinion of Black students’ ability to concentrate sent UCLA accounting professor Gordon Klein an email demanding special treatment for Black students:
"We are writing to express our tremendous concern about the impact that this final exam and project will have on the mental and physical health of our Black classmates."
Excerpts of the email published by the Daily Wire also asked that, "Gordon offer a 'no-harm' final exam that could only benefit students’ grades, and for shortened exams and extended deadlines for final assignments and projects.
"Another read that due to recent 'traumas, we have been placed in a position where we much choose between actively supporting our black classmates or focusing on finishing up our spring quarter.'
"The students claimed the request was not 'a joint effort to get finals canceled for non-black students.' Instead, they wrote to 'ask that you exercise compassion and leniency with black students in our major.'"
In summary, the email with the colonialist’s mindset asked Gordon give special race-based treatment to students due to an incident that had occurred 2,000 miles away from the campus.
To say Klein was unimpressed would be an understatement.
Instead, he simply pointed out the logical inconsistencies in the email. Exercising his right to free speech and academic freedom as a professor in charge of the conduct of his class.
His response is so well-thought out that we'll let you judge for yourself: "Thanks for your suggestion in your email below that I give black students special treatment, given the tragedy in Minnesota.
"Do you know the names of the classmates that are black? How can I identify them since we’ve been having online classes only? Are there any students that may be of mixed parentage, such as half black-half Asian?
"What do you suggest I do with respect to them? A full concession or just half? Also, do you have any idea if any students are from Minneapolis? I assume that they probably are especially devastated as well.
"I am thinking that a white student from there might be possibly even more devastated by this, especially because some might think that they’re racist even if they are not. My [teaching assistant] is from Minneapolis, so if you don’t know, I can probably ask her.
"Can you guide me on how you think I should achieve a 'no-harm' outcome since our sole course grade is from a final exam only?"
Naturally the knee-jerkers in the UCLA administration placed Klein on administrative leave because of his "woefully racist" response.
Gordon was reinstated in late June that same year.
That didn’t repair the damage to his reputation after being branded a racist and it didn’t reimburse him for the $500,000 he lost after clients canceled. So Klein filed a lawsuit.
"First and foremost, the lawsuit claims that race-based preferences in public education are prohibited by the California state constitution. Additionally, The Daily Wire reports it "alleges that UCLA’s Anderson School of Management disregarded a broader UCLA directive not to punish him over student complaints" and finally that "the incident caused him to lose clients where he was paid to be an expert witness."
A university calling someone a racist will tend to do that.
A superior court judge refused to dismiss the lawsuit — which generated the WJ story — and the case will go before a jury in April 2023, unless UCLA comes to its senses and settles out of court.
This is, however, no victory for free speech or academic freedom. Imagine what would happen if instead of a professor it had been a white janitor from Alabama who was canceled for something he said.
The janitor would be a non-person from now on.
And even if Klein wins in court the preventative effect will be negligible.
Klein was singled out for banishment by Dean Antonio Bernardo of his school, in violation of university policy. Yet the dean will suffer no penalty, other than a hostile cross examination.
The UCLA will probably reimburse him for the mileage to and from court.
Only when college administrators lose the protection of qualified immunity will these court cases start to influence cancel behavior.
If Bernardo was out a few hundred grand then administrators nationwide — being the cowards they are — would think more than once about the consequences of leftist cancel culture.
Then our janitor would be free to speak his mind and the First Amendment would cease to be a luxury item useful only for the rich.
Michael Reagan, the eldest son of President Reagan, is a Newsmax TV analyst. A syndicated columnist and author, he chairs The Reagan Legacy Foundation. Michael is an in-demand speaker with Premiere speaker's bureau. Read Michael Reagan's Reports — More Here.
Michael R. Shannon is a commentator, researcher for the League of American Voters, and an award-winning political and advertising consultant with nationwide and international experience. He is author of "Conservative Christian's Guidebook for Living in Secular Times (Now with added humor!)" Read Michael Shannon's Reports — More Here.