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Breaking: Colorado Supreme Court to review the Churchill v. CU case (page 7, ht Leah)
The three issues to be considered:
- Whether a public university’s investigation of a tenured professor’s work product can constitute an adverse employment action for the purposes of a First Amendment claim brought under 42 U.S.C. § 1983 when, as a result of the investigation, the tenured professor also experiences adverse employment action in the form of termination.
- Whether the granting of quasi-judicial immunity to the Regents of the University of Colorado for their termination of a tenured professor comports with federal law for actions brought under 42 U.S.C. § 1983.
- Whether the denial of equitable remedies for termination in violation of the First Amendment undermines the purposes of 42 U.S.C. § 1983.
This is all about 42 U.S.C. § 1983 - Civil action for deprivation of rights, the entirety of which is:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
After careful implementation of our special SWAG equipment, we surmise that the Colorado Supreme Court will find against Churchill on the first and second issues, but as to the third—¿Quien Sabe?
Update: The Denver Post, lacking staff (or maybe just Leah), checks in late with the news
Update II: DrunkaKazowie notes the obviously inflated attendance estimates for The Perfesser's lout-shout.
UpdateIII: Naturally, Churchill's legal sock-puppet David Lane knows what the facts is (ht Leah):
[Lane] stresses that the case is about more than Churchill gaining access to CU classrooms again. "If the Supreme Court rules in our favor, then tenured professors will be able to have a remedy when the regents fire them in violation of the First Amendment," he allows. "As it stands now, based on the Court of Appeals' decision, if a tenured professor gets fired, courts will turn a deaf ear to them -- and that's a critical issue in academia. So this is one of the biggest First Amendment cases that academia can possibly face."
From our Laying A Wreath At The Tomb of the Unknown Nazi department: In Grand Junction for his Memorial Day Lout-Shout, Ward Churchill ponders why we don't honor the fallen on both sides of conflicts (ht Leah)
Grand Junction NBC affiliate: Controversial Speaker Talks Memorial Day During GJ Visit
KJCT TV: Ward Churchill Speaks In Grand Junction
Saw Stephen Lang give this speech in "A Few Good Men" on Broadway long before it was made into a movie:
You can't handle the truth! Son, we live in a world that has walls. And those walls have to be guarded by men with guns. Who's gonna do it? You? You, Lt. Weinberg? I have a greater responsibility than you can possibly fathom. You weep for Santiago and you curse the Marines. You have that luxury. You have the luxury of not knowing what I know: that Santiago's death, while tragic, probably saved lives. And my existence, while grotesque and incomprehensible to you, saves lives...You don't want the truth. Because deep down, in places you don't talk about at parties, you want me on that wall. You need me on that wall.
We use words like honor, code, loyalty... We use these words as the backbone to a life spent defending something. You use 'em as a punchline. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom I provide, then questions the manner in which I provide it! I'd rather you just said thank you and went on your way. Otherwise, I suggest you pick up a weapon and stand a post. Either way, I don't give a damn what you think you're entitled to!
Lang got a standing ovation; a philosophical sort might imagine that the O was not simply for Lang's performance (exceptional in every way) but for the men and women who stand on that wall, and moreover, for those members of the Armed Forces who made the ultimate sacrifice in defense of those behind it.
All you die-hard Churchill historical fiction fans out there, rejoice! The Perfesser has a new (yes, new!) book coming out from that leviathan of publishers, Arissa, entitled Kill All, Big and Little...: A Guidebook to Genocide of American Indians by the United States ("COMING SOON in Fall 2011!"). Ever alert for new tips on how to hone our genociding skills, we of course welcome the publication of a guidebook on the subject, so, Huzzah! for Arissa!
Sadly, no excerpts are available yet, but here's the teaser from Arissa's marketing people:
Concisely presented, but nonetheless highly detailed and rigorously documented, "Kill All, Big and Little..." is the perfect antidote to the Myth of American Innocence. It is ideally suited to service as a guide for elementary/secondary school teachers interested in educating rather than indoctrinating their students, as a university-level textbook, and as an essential reference work for activists seeking to expose the matrix of denial forming the very core of mainstream America's self-concept.
"Rigorously documented." Now we know where Letterman's comedy writers went.
Speaking of fiction, according to Arissa:
(ht Leah, @sspats be upon her!)
Ward Churchill is an independent activist/scholar of Cherokee/African/European descent. [...] Churchill's political history includes stints in SDS and Weatherman, as well as ongoing participation in the American Indian Movement. He is presently a member of the Elders Council of the original Rainbow Coalition formed in Chicago by Black Panther Party deputy chairman Fred Hampton in 1969.
From the Grand Junction Free Press: Ward Churchill baffled over hoopla
The Unitarian Universalists of the Grand Valley had first offered its church as a venue and suggested the May 30 date — “that's how it ended up on Memorial Day,” Churchill said, in an interview with the Free Press Thursday. Churchill said he was already planning to drive through Grand Junction over the weekend on his way to an engagement in California later in the week.
“I was coming on Monday. It worked out logistically,” he said. “It was convenient.”
Members of GJ Result Tea Party protested the timing of Churchill's speech, however, and decided they would also schedule an event on Memorial Day — although GJ Result president Tim Fenwick said, “It's not a counter protest.”
“We're offering a nonpolitical event from Churchill's speech,” Fenwick said.
Churchill said he was a little “perplexed,” about the tea party event.
“I'd assume they do that on Memorial Day as a matter of course,” he said. “Are they honoring the dead, or are they doing something else?”
Churchill said he found the hoopla over his scheduled Memorial Day speech bewildering.
Yes, of course. Well, be that as it may, the Free Press then goes on to synopsize the Churchill debacle, tacking mostly toward the facts, at least until this:
A jury later unanimously voted in favor of Churchill saying there was no basis for firing him other than retaliation for writing the essay. Despite the jury's finding that Churchill was wrongly fired, Chief Judge Larry J. Naves said the university was entitled to quasi-judicial immunity and vacated the jury verdict. Churchill's request for reinstatement was denied.
"Bewildering" is where on earth the Free Press might have gotten the preposterous notion that the jury in Churchill's suit against CU somehow exonerated him ( third item). For those too lazy to click the link, the salient instruction to the jury was to decide whether Churchill would have been fired absent the hub-bub about his "Little Eichmanns" essay. Given CU's glorious history of ignoring the existence of black swans, the jury concluded (correctly) that he would not have been terminated.
According to a breaking news item from the Grand Junction Daily Sentinel, the church where
Professor Doctor Indian Scholar Ward Churchill was scheduled to speak during the Memorial Day weekend has rescinded permission to use its facilities to the Confluence Media Collective. The Sentinel article quotes the church's website:
"The Unitarian Universalist Congregation of the Grand Valley will not be offering a venue to the Confluence Media Collective to bring Ward Churchill to speak on Memorial Weekend. While we have a commitment to providing a forum for a wide platform of ideas and people, we had not fully vetted the speaker or the date when we offered use of our building. Some of our congregants have close relatives and friends now serving in the armed services in Iraq and Afghanistan, and have expressed dismay about having Churchill speak during a weekend of remembrance. Because our mission guides us toward unity with one another, we will not be using our time and space to bring a controversial and possibly divisive speaker into our community during such a poignant time."Yeah, okay. But what's important is: Does The Perfesser get to keep the $350?
(ht PB jackbooted thug CU LATER)
The former CU professor will speak at Sherwood Park [in Grand Junction] Monday May 30 at 6 pm. The event is free and open to the public.
Confluence Media Collective is sponsoring the talk and no topic is off limits. Churchill was fired from CU after he wrote an essay comparing some 9/11 victims to Nazis. The university fired him for plagiarism in other writings, but Churchill argued his firing was politically motivated.
The GJ Result's website offers some amplification:
Tea Party group GJResult has planned a Memorial Day observance to counter a planned speaking engagement in Grand Junction by fired University of Colorado professor Ward Churchill.
GJResult’s Tim Fenwick said the public is invited to a ceremony at [6 p.m. (article erroneously says 5 p.m.. -ed.)] Monday at the veterans section of the Orchard Mesa Cemetery.
The speech that Churchill is afforded under our Constitution is not liked by Patriots, but it is tolerated, even under the heat of our collars. This Tea Party is not against his right to speak; it has never been an issue. Our complaint against this man is his hate filled rhetoric, and his delivering this speech on one of our most revered National Holidays, Memorial Day.
Memorial Day was set aside for our fallen military Patriots. It was established after the Civil War, and has been celebrated every year since then. We owe everything to our Veterans; our Liberty, our Freedom, our very Country. The Flag they fought for, that they gave their allegiance to, that they stained with their blood, still flies, thanks to them. The Land of the Free BECAUSE of the Brave.
We, the Tea Party choose the moral path, the high ground. We offer an alternative agenda. We will be honoring our Veterans and hold a remembrance at the Old Veterans Cemetery in Orchard Mesa Cemetery on hallowed ground. We intend to honor those who offered their lives so that we all may enjoy our Freedoms. We will honor their sacrifices, their family’s sacrifices, and our Country’s heroes. Our Ceremonies begin at 6:00 PM; bring chairs, water and respect. There are no bathrooms or amenities of any kind, so come prepared.
"This is an astonishingly reckless report by a company that has demonstrated its total disregard for the truth," said Farah. "I don't know who Esquire's anonymous sources are, but I can only guess that their address is 1600 Pennsylvania Avenue.""Astonishingly reckless." "Total disregard for the truth." Farah must be quoting his business card.
Farah surmised Esquire will claim the article is parody, but he points out that news organizations around the world were contacting him within minutes of its posting on the Internet, with some of them in doubt as to the veracity of the report.
According to The Daily Reporter (which itself cites The Daily Sentinel),
Professor Doctor Indian Scholar Ward Churchill will spend May 30th—Memorial Day—in Grand Junction speaking before the Confluence Media Collective (CMC, for short; formerly the Grand Junction Alternative Media, which, along with the recent name change, closed the doors on presumably its only "for-profit" enterprise, a bookstore). We're guessing The Perfesser's lout-shouting will take place in the living room of someone's mom's trailer.
From CMC's website:
The Red Pill now has a solid core group of about 7 people, who write, edit, layout, photograph, etc. everything for this small news zine. we've had over 50 contributors including military veterans, professors, folks from the professional class, everyday folks, traveling through folks, and international correspondents as well.
About 7? Just spit-balling here, but an ability to count that is limited to "one", "two", "three", and "many" might have contributed somewhat to the bookstore's lasting only a year (well, that, and the fact that in addition to The Red Pill, some of their other projects included such undoubtedly wildly popular material as CUNTastic ("a Journal of Reproductive and Sexual Freedom"), Mammaphiles ("a compilation zines [sic] about radical parenting"), and The CIA’s Nicaraguan Cartoon Sabotage Manual.
And what's with that list of "50 contributors"..? Churchill with all his pseudonyms and misappropriated honorifics could count for 47 of them, with his latest future ex-wife Natso "Truthforce" Saito filling out the undercard.
Update: The Denver Post reports that the CMC is "willing to let him cover any topic he chooses. They're paying him $350 and providing lodging." BTW, the squib (AssPress, of course) is chock-full of spin:
Churchill was fired in 2007 after allegations of research misconduct. A university review of his work concluded he had plagiarized some writings.
The university was pressured to fire Churchill after he compared Sept. 11 victims as "little Eichmanns," a reference to Adolf Eichmann, the Nazi leader who helped orchestrate the Holocaust.
Note that The Perfesser was fired after mere "allegations of research misconduct", that a review of his work did, in fact, conclude that he had "plagiarized some writings" (is there such a thing in grammar as the Dismissive Voice? AP appears to have mastered it), and that the firing resulted (entirely, it would seem) from pressure put on CU by... two bloggers and a New Jersey cop, we're guessing, since the AP can't be bothered to mention the dastardly villains by name. Even for the AP, this is some of the sloppiest journalism we've seen in, well, at least a week.
| Where's Wardo? (hint: he's the one who already has a beer belly). |
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