Chutzpah, Modern Edition

Chutzpah is a yiddish word meaning gall or nerve–but to the nth degree. Remember this oldie? “Question: what’s an example of chutzpah? Answer: a man kills his mother and father, then throws himself on the mercy of the court because he’s an orphan.”

The Kansas legislature has updated the concept.

After Kansas courts ordered the state legislature to provide more funding for K-12 education, the legislature passed and sent to the governor a bill (HB 2338) that provides as follows:

1)      It allocates $2 million additional funding for the Kansas judiciary for the upcoming fiscal year;

2)     It increases various court fees;

3)      It strips the Kansas Supreme Court of the power to control local court budgets, personnel systems, and manage other administrative costs;

4)      It strips the Kansas Supreme Court of its existing power to designate local Chief Judges;

5)      And–ta da!– the icing on the chutzpah cake: it provides that if the Court strikes down any of these provisions as unconstitutional, the entire bill fails (including and most especially the extra funding).

File under “we’ll show you!”

The Chief Justice of the Kansas Supreme Court has pointed out that this bill is a direct assault on judicial independence–a major element of our constitutional system.

How much would you like to bet that the lawmakers who passed this measure carry small copies of the Constitution in their pockets, wear flag pins, and piously proclaim their devotion to “original intent”?

Assaulting separation of powers, the very basis of our constitutional architecture, while proclaiming your devotion to the nation’s charter–that’s chutzpah!

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Kansas Again

I need to reread “What’s the Matter with Kansas.”

University regents in that state have passed a policy giving university presidents authority to discipline employees, up to termination, for “improper use of social media.”

The action–characterized by an AAUP blogger as “a freakout”–came in the wake of an ill-considered tweet by a tenured Journalism professor. David Guth posted the tweet after September shootings killed 13 people in Washington, D.C. It said, “The blood is on the hands of the #NRA. Next time, let it be YOUR sons and daughters. Shame on you. May God damn you.”

In a later tweet, he apologized by saying “Some interpreted my tweet differently than it was intended,” Guth wrote. “I don’t want anyone’s children hurt. The fact my words were misconstrued is my fault.” Guth said that he was a professional communicator but hadn’t done a good job of explaining his position.

Conservative legislators threatened to vote against university funding if Guth remained on the faculty. Rather than defending the principle of academic freedom, the President responded by relieving Guth of his classroom duties, and the regents responded by issuing the new social media policy.

 “Social media” was defined as including but not being limited to blogs and social networking sites such as Facebook, LinkedIn, Twitter, Flickr and YouTube. “Improper use” was defined as “indirectly inciting violence or immediate breach of peace; being contrary to the best interests of the university; disclosing without authority any confidential student information, protected health care information, personnel records, personal financial information or confidential research data; or impairing discipline by superiors or harmony among co-workers, having a detrimental impact on close working relationships for which personal loyalty and confidence are necessary, impeding the performance of the speaker’s official duties, interfering with the regular operation of the university, or otherwise adversely affecting the university’s ability to efficiently provide services.”

“Contrary to the best interests of the University”? “Impairing harmony?” In whose opinion? Can we spell “vague and overbroad”?

A group of University Distinguished Professors from Kansas State has called for the immediate repeal of the amendment, pointing out that social media have become valued venues for the dissemination of research, and reminding the regents that  “The free and open exchange of ideas is essential to fulfilling the mission of any university.”

Let’s de-construct this sorry episode, shall we?

The whole purpose of a university is to encourage the search for truth. That search requires the broadest possible exploration and exchange of competing ideas–a mission that cannot be achieved if professors can be sanctioned for the expression of unpopular or offensive ideas. The purpose of tenure is not–as too many in and out of the academy seem to think– to provide faculty with job security; it was intended to prevent precisely the sort of retribution for unpopular expression that the Kansas legislature demanded and the University obediently imposed.

Intemperate and ill-conceived expression is the price we pay for protecting freedom of speech and scholarly inquiry from government interference.

We’ve become used to legislative bodies demonstrating a lack of acquaintance with basic American principles, but we might have expected better of the regents.

Of course, it is Kansas…

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