Fear and Loathing of Honest Debate Behind the Loss of Chemerinsky at UC Irvine Law School

I am sure the irony of this is lost on very few. Here, in this day and time when the Bush administration has successfully stifled free speech, whether through FCC sanctions or uncontrolled wiretapping of people and organizations with whom it disagrees, we have seen our first amendment rights diminish almost daily. Whether through fear or intimidation, we are becoming a nation of lemmings. With the announcement that Ken Burns 14 hour documentary on war now has two versions, just in case the FCC disapproves of the language used by our soldiers in battle (as honestly portrayed in this documentary), we can only wonder what has happened to the most precious of our fundamental rights in this nation?

The irony here is that censorship is now being imposed by a public law school on a constitutional scholar because that esteemed scholar insists on exercising his constitutional rights. Is the fear of Professor Chemerinsky that he will bring in legal scholars who will assure that the students at this school understand what those rights are and seek excellence in their pursuit of it? Isn't that exactly what a law school is supposed to do? After all, what is freedom if it isn't the right to speak out without fear of retribution or sanction? Isn't public discourse and debate exactly what this nation is founded on and what has made this nation great?

Michael Drake should be ashamed. This is a travesty. As a long-time supporter of the University of California, I am both embarrassed and outrage at this turn of events. As California taxpayers, I think we should all be so.

The Regents of the University of California must take action. Their duties require nothing less than a full investigation of this matter, and the reinstatement of Professor Chemerinsky to the position he was offered and accepted. As conservative legal scholars are quickly coming to his defense, it is clear that this injustice and embarrassment must be rectified. If the University of California is to continue serving the people of California as the place where ideas and values are to be nurtured and promoted, where excellence in academia is pursued, where intellectual discourse is encouraged without fear or retribution, it must take immediate action. Such a dangerous precedent will only weaken the University, both as an academic institution and as a bulwark of academic freedom.

With all the scandals it has endured recently, the Board of Regents must stand up quickly and loudly in the defense of its fundamental mission of seeking excellence and intellectual honesty. And, by the way, in this instance, it's all about our Constitution as well. Maybe somebody with public responsibilities today will take a stand to protect that document. We can't expect that from our Congress, apparently, but we can expect and demand it from our UC Regents. Time to act, folks, our academic integrity and future are at stake here.

Hannah-Beth Jackson is a former Assemblymember who served in the California Assembly from 1998-2004. She Chaired the Assembly Committee on Environmental Safety, the Committee on Natural Resources as well as the Legislative Women's Caucus.

After term limits and redistricting forced her out of office, she helped start Speak Out California and serves as its President. Speak Out California is a progressive internet site envisioned by California's progressive leaders to effectively craft the issues and messages that will encourage public participation in bringing new ideas and vision to California's political landscape.