This Article is Not About Erwin Chemerinsky

[courtesy of California Progress Report]

Academic Freedom and What the UC Regents Should Do

By Susan R. Estrich
Professor of Law and Political Science
University of Southern California

That is what happened to my friend Erwin Chemerinsky. He signed a contract to become the first dean of the new law school at the University of California, Irvine (UCI) last week. Then, days later, he was fired because the UCI chancellor decided his liberal opinions made Erwin, one of the most respected, quoted, cited and beloved constitutional law scholars in the country, "too politically controversial" for the job.

Hogwash.

This column isn't about Erwin. In the world of law professors, everyone who knows Erwin — liberal and conservative — respects him. The outpouring of support for him and the disgust at what was done to him have been overwhelming. It's about the cowardly fool who is leading his university down the tubes, the one who should be fired by the Board of Regents when it meets next week.

"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men."

So wrote Professor Lord Acton, who was the Regius Professor of Modern History at Cambridge University, even though he had not been allowed to attend Cambridge as a student because he was Roman Catholic. In the same year, 1877, in a famous lecture on "The History of Freedom in Antiquity," Acton defined liberty as "the assurance that every man shall be protected in doing what he believes his duty, against the influence of authority and majorities, custom and opinion."

By Lord Acton's standard, Dr. Michael Drake, Chancellor of the University of California at Irvine, is the most corrupt man in California. His job is, or should be, to protect the "liberty" of both students and faculty, the academic freedom that is the cornerstone of great universities.

But Dr. Drake has a twisted view of academic freedom, one that allows Muslim students to engage in open anti-Semitism, to hold rallies on campus attacking Zionist control of the media, equating Jewish support for Israel with Hitler's Nazis, even (according to campus Republicans) displacing previously scheduled Young Republicans meetings with rallies denouncing Israel's right to exist.

But there's no room for a liberal, Jewish law professor who is routinely the object of bidding wars between top-rated law schools vying for his services.