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"Indeed, the rage of theorists to make constitutions a vehicle for the conveyance of their own crude, and visionary aphorisms of government, requires to be guarded against with the most unceasing vigilance."
     -- Joseph Story
     Commentaries on the Constitution of the United States
     Book III, § 1857.

Tuesday, February 08, 2005

Compare Ward Churchill and Eason Jordan. The links are to Instapundit; from there you can chase them lots of different places. See, especially, Eugene Volokh on academic freedom.

Note the general agreement on how Eason Jordan, after what is, according to the current scandal, only probably a single slander (accounts differ), delivered to a wholly voluntary -- not to mention, for the most part, appreciative -- audience, ought to lose his job (no part of the salary of which comes from anyone who has no choice not to pay it), never mind that he is a direct beneficiary of the First Amendment: but Ward Churchill, having, according to that same current scandal, made a career out of nothing but lies, frauds, slanders, libels, romanticizing violent insurrection, and adhering to our enemies, giving them aid and comfort, all this heaped year-in and year-out upon captive audiences, nevertheless ought to keep his job, dinging unwilling taxpayers for more of the same, as the beneficiary of some nebulous "academic freedom" which, whatever its value may be, is not part of the supreme Law of the Land, and thus not binding upon anyone.

It is possible, of course, that there is something truly transcendent about "academic freedom" that makes it even more important and absolute than the First Amendment. Of course it is also possible that Glenn Reynolds and Eugene Volokh know where their bread is buttered.

Since Volokh is proposing compromises, I'd like to propose one myself: Jordan and Churchill should both be fired.

(I note for the record, I'm unable to see most of what Volokh has written on this matter, and thus must rely upon second-hand reports, which may not be doing him justice. For some reason, the links at The Volokh Conspiracy, whether for current posts or archives, are only bringing back a small part of what should actually appear.)

-- posted by Clayton 2/08/2005 09:09:00 PM

Comments: 2

  1. On February 18, 2005 6:59 PM, Anonymous Anonymous said…

    It's a goofy formating issue with their new blog software; The text is there, but inexplicably invisible. If you select the text by windowing, and then click somewhere in the window, it usually magically reappears.

  2. On February 20, 2005 6:36 PM, Blogger Clayton said…

    No, that wasn't it. It wasn't that text was present but not displayed; the pages ended early. The archive pages at hold a week's worth of posts; all that I was getting was the first two day's worth, or so, on each page.


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