Litigating Free Speech Issues in the Trenches
How could a First Amendment law professor best explain to his students that a federal district judge had just ruled that, while serving as president of the University of Virginia ("UVA"), he had violated the free speech rights of a different group of his very own students? Such a scenario may well seem wholly improbable. Yet, such a curious paradox inheres in the duality of what may be quite different roles that a university professor and scholar, on one hand, and a senior academic administrator on the other hand, may more or less simultaneously engage. The experience of Lawrence H. Summers, former Harvard University president, may be illustrative. After having been invited as an eminent economist to an academic conference, Summers quite candidly shared with the group his somewhat ambivalent views about the career prospects of female scholars and teachers within his demanding academic specialty.' Immediate protest arose within the group, some conference participants even charging Summers with sexism. Despite strong support from others at the conference, including several senior female colleagues, Summers's presidential tenure had been severely tarnished. Within two years, he relinquished his administrative role primarily (though not entirely) because of this incident and its widespread implications. Although the analogy between my experience and that of President and Professor Summers is imperfect, the parallel is striking and helps to set the stage for the challenge that now bears close scrutiny.