Professor James Tracy v. Florida Atlantic University (FAU)
American academics will soon realize that their jobs are in jeopardy, if they don’t know it already. Not only their jobs, but their right to think, say, and write what they wish – and to engage in the pursuit of truth, wherever it may lead them.
A battle of epic proportions is about to begin, over the firing of Dr. James Tracy, for alleged infractions against Florida Atlantic University (FAU) in Boca Raton. Tracy contends that his First Amendment right to free speech was abridged, along with his rights to due process and academic freedom.
Tracy was dismissed from his tenured position as Associate Professor of Multimedia Journalism at FAU on January 6, 2016. On April 25, he filed a civil rights suit against the university, including the President, Provost, and other top officials, as well as members of the Board of Trustees and representatives of the faculty union. His complaint calls for reinstatement with back pay, compensatory and punitive damages, and a declaration that FAU’s controversial “Conflict of Interest/Outside Activities” policy is unconstitutional.
Ostensibly terminated for not filing university forms regarding his “outside activities,” Tracy was actually fired for research and writing connected with his popular blog www.memoryholeblog.com, which he runs privately – and which includes the disclaimer that the views expressed “do not reflect the opinions or positions of any institution or entity…No information on this blog will be understood as official.”
The outcome of this lawsuit will affect all areas of education in the USA – not only regarding tenured professors. If Tracy does not prevail, constitutional rights will also be curtailed for non-tenured regular and adjunct professors, who have no job security and are already pressured to toe the line politically and academically. Not only will college professors be affected but also teachers in state public schools, who are under assault regarding tenure policies in California, New York, and elsewhere. Florida has already eliminated tenure for K-12 instructors.
The case for academic freedom
The idea of “academic freedom” is widely embraced by American colleges and universities, which routinely assert that freedom of inquiry and expression are essential for their effective operation. The concept is outlined in the “1940 Statement of Principles on Academic Freedom and Tenure,” by the American Association of University Professors (AAUP), which is followed by most institutions of higher learning in the USA. Amendments of 1970 further protect the rights of professors.
According to the AAUP document, “Teachers are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties.” In terms of “outside activities,” the document includes the following:
College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline…they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.
This was amended in 1970 so as to coordinate with a 1964 AAUP “Committee A Statement on Extramural Utterances,” which states as follows:
The controlling principle is that a faculty member’s expression of opinion as a citizen cannot constitute grounds for dismissal unless it clearly demonstrates the faculty member’s unfitness for his or her position. Extramural utterances rarely bear upon the faculty member’s fitness for the position.
These protections are embedded in policies on academic freedom by the University of California, the University of Pennsylvania, Harvard University, and many other institutions. Such policies do not guarantee that the rights of professors are always respected, however, and the AAUP has carried out numerous investigations and censured institutions for infringements.
Freedom from outside influence
In 2011, the AAUP issued a report, “Ensuring Academic Freedom in Politically Controversial Academic Personnel Decisions,” regarding controversial cases relating to disputed events and policies:
…the need for faculty members to contribute their expertise to public discourse and policy debates has increased. The protection of their unfettered expression, including the ability to espouse highly controversial and unpopular views, is an essential social responsibility of universities and colleges…political restrictions on academic expression must not be countenanced…
“Political intrusion” arising out of controversies may come from inside the university community or from outside interests:
It may also come from outside the university when, for example, private corporations or public officials seek to persuade universities to terminate particular research activities, programs, or the services of the faculty members involved.
Such outside intrusion precipitated the termination of James Tracy.
This took the form of a media blitz by the Florida Sun Sentinel, a division of Tribune Publishing Co., which also owns the Los Angeles Times, the Chicago Tribune, and the Hartford Courant. The Sun Sentinel published a letter of December 10, 2015, written by Lenny and Veronique Pozner, publicized as the only Jewish family to have lost a child in the alleged Sandy Hook shooting. The letter, “Sandy Hook Massacre 3rd Anniversary: Two Parents Target FAU Conspiracy Theorist,” was reprinted in the Forward on December 14. This was followed by numerous articles and editorials in the Sun Sentinel, such as “Tenure Be Damned, Professor James Tracy Embarrasses FAU” and “Tenure: A Concept Whose Time Has Passed?”
The Pozners’ accusations were false, as has been shown repeatedly, but nonetheless they were picked up by other media outlets and used to bash Dr. Tracy in the US press. The content of the letter is not the issue here – it is the use of the corporate press to coerce the university to fire a tenured professor who was exercising his right to free speech as a citizen, in “extramural” work that he is entitled to pursue.
Outside influence has played a role in several high profile academic cases, notably that of Norman Finkelstein, a brilliant speaker and prolific writer known for his research on the Holocaust and support of Palestinian rights. While Jewish himself, he has been labeled an “anti-Semite” because of his criticism of Israel – and castigated for his allegations of fraud and plagiarism in the writing of others. One of those named was Alan Dershowitz, who tried, successfully, to get DePaul University to deny Finkelstein tenure, even though his faculty colleagues had voted in his favor. DePaul insisted that outside pressure had played no role in the decision. Finkelstein’s university career was destroyed, while Dershowitz was given the Mortimer Zuckerman Award in 2014 for “promoting Israel’s … relentless pursuit of peace” – an honor marred only slightly by an investigation of Dershowitz over accusations of sexual misconduct with underage girls the following year.
Academic freedom at FAU
FAU also has a commitment to academic freedom, as affirmed in official university documents. The Collective Bargaining Agreement between the Board of Trustees and faculty union (UFF) states as follows:
5.1 … The Board, the University, and the UFF are committed to maintaining and encouraging full academic freedom. Academic freedom and academic responsibility are twin guardians of the integrity of institutions of higher learning. This integrity is essential to the preservation of a free society and explains the willingness of society historically to accept the concept of academic freedom and, in addition, to protect it through the institution of academic tenure.
5.2 … The principal elements of academic freedom include the freedom to:
(a) Present and discuss academic subjects, frankly and forthrightly, without fear of censorship…
(b) Engage in scholarly and creative activity, and to publish results in a manner consistent with professional obligations.
(c) Speak freely on, and seek changes in, academic and institutional policies.
(d) Exercise constitutional rights without institutional censorship or discipline.
Tracy was officially reprimanded for questioning a vague and restrictive policy on “Conflict of Interest/Outside Activities,” which he was fully entitled to do (5.2, above). He had declined to submit “outside activities” forms until the policy had been clarified, on the advice of the union. As of 2015, the policy required the faculty to report “any outside activity” (compensated or uncompensated) to the University. As all academics know, outside independent research and its dissemination are not only a right of faculty, but a requirement, affecting decisions on tenure and promotion. Who among us could (or would) report all “outside activities”? This policy was clearly devised as a rationale for Tracy’s termination.
FAU policy on academic freedom is also enshrined in the Board of Trustees’ Board Operations Policies and Procedures:
The Florida Atlantic University Board of Trustees supports the principle of academic freedom and is committed to the search for new knowledge… [and] will defend the right of faculty and students to pursue their academic goals free from constraints that hinder lawful intellectual inquiry and discourse, and will protect the freedom of faculty to teach and of students to learn from ideas that might be unpopular or not in the mainstream of accepted thought.
However they did not defend the right of James Tracy to pursue his academic goals free from constraints – to the contrary, they fired him. This is not the first time Tracy has been harassed by FAU at the behest of the press. In 2013 he was reprimanded over his blog, whereupon he removed any mention of FAU as his employer. This was occasioned by a letter written by three of his colleagues, “Why James Tracy, FAU’s Conspiracy Theorist, Should Resign,” published on April 29, 2013, in the Palm Beach Post. This constituted outside influence, from within the university community, also condemned by the AAUP.
Open season on academics
Far from being protected, American academics can now be thrown to the wolves, with unsubstantiated stories in the press leading to a ruined reputation and loss of employment – with no concern for academic freedom or due process. Tracy has been characterized as a “tenured truther” and “cruel and possibly deranged” (Chronicle of Higher Education) and a “conspiracy theorist” many times over (New York Times, New York Daily News, et al.). He has been called “a virus,” “crazed,” “twisted,” and “a never-ending embarrassment to the university and its community” (Sun Sentinel), “kooky,” “nutty,” and “sicko” (New York Daily News), and said to “spin tall tales out of nothing” (Palm Beach Post). In addition he has received obscene cards and threatening e-mails.
Noah Feldman, a professor of Constitutional and International Law at Harvard, called Tracy a “crank” and a “terrible person,” in his recent article, “Free Speech for Bad People.” While ostensibly on the right side of the academic freedom debate, Feldman flogs the same old “conspiracy theory” meme, as well as the false story promoted by the Pozners. Still, he does recognize that a professor should not be fired for extramural research and writing.
Actually, Tracy is a deeply intelligent thinker, a sharp investigator, a talented writer – and an impeccably honest, ethical person. None of this gets any airplay, however, with political forces trying to silence him via the corporate media. This should bring out the academics in force. So gear up, colleagues, and support James Tracy. Stand up for your principles, and for your rights – or be prepared to lose them.
Vivian Lee is the nom de plume of a tenured professor at an east coast university.
 “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Article I, U. S. Bill of Rights. http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html#text
 “Professor James Tracy Files Civil Rights Lawsuit against Florida Atlantic University and Faculty Union,” Press Release, April 25, 2016. //memoryholeblog.com/2016/04/26/professor-james-tracy-files-civil-rights-lawsuit-against-florida-atlantic-university-faculty-union/#more-27575
 “Closely Watched Fight over California Teacher Tenure Moves to Appeals Court,” New York Times, February 25, 2016. http://www.nytimes.com/2016/02/26/us/closely-watched-fight-over-california-teacher-tenure-moves-to-appeals-court.html
 “1940 Statement of Principles on Academic Freedom and Tenure,” AAUP. http://www.aaup.org/report/1940-statement-principles-academic-freedom-and-tenure
 “Academic Freedom,” General University Policy Regarding Academic Appointees, University of California, revised September 29, 2003. http://www.ucop.edu/academic-personnel-programs/_files/apm/apm-010.pdf
 “Academic Freedom and Responsibility,” Handbook for Faculty and Academic Administrators, University of Pennsylvania, revised as Article 11, Statutes of the Trustees, November 2, 2001. http://provost.upenn.edu/policies/faculty-handbook/faculty-policies/ii-a
 “Free Speech Guidelines,” Harvard University, Faculty of Arts and Sciences,” adopted February 13 and May 15, 1990. http://isites.harvard.edu/fs/docs/icb.topic847338.files/FS_Guidelines_1990.pdf
 “Ensuring Academic Freedom in Politically Controversial Academic Personnel Decisions,” AAUP (Executive Summary, 2011). http://www.aaup.org/report/ensuring-academic-freedom-politically-controversial-academic-personnel-decisions?PF=1
 http://www.sun-sentinel.com/opinion/commentary/sfl-on-sandy-hook-anniversary-two-parents-target-fau-professor-who-taunts-family-victims-20151210-story.html. And “Time to Crack Down on Newtown ‘Truthers’ Who Tarnish Memory of Noah Pozner.” http://forward.com/opinion/327111/time-to-crack-down-on-shameless-sandy-hook-rampage-truthers/
 “Sandy Hook: The Hounding of Prof. James Tracy,” Fellowship of the Minds, February 17, 2016. https://fellowshipoftheminds.com/2016/02/17/sandy-hook-the-hounding-of-prof-james-tracy/
 “Harvard Law Professor Works To Disrupt Tenure Bid of Longtime Nemesis at DePaul U.,” Chronicle of Higher Education, April 5, 2007. http://chronicle.com/article/Harvard-Law-Professor-Works-to/122347
 “Civil Rights Attorney Alan Dershowitz Hailed by Pro-Israeli Group,” New York Daily News, November 24, 2014. http://www.nydailynews.com/new-york/civil-rights-attorney-alan-dershowitz-hailed-pro-israel-g-article-1.2021336. “Lawyer Denies Suit’s Allegations of Sex with a Minor,” New York Times, January 7, 2015. http://www.nytimes.com/2015/01/07/us/alan-dershowitz-denies-allegations-of-sex-with-minor.html
 Florida Atlantic University Board of Trustees and the United Faculty of Florida Collective Bargaining Agreement 2012-2015 (ratified September 21, 2015). http://www.fau.edu/provost/files/CBA-2012-2015-Oct2015-edits-ab.pdf
 Florida Atlantic University Board of Trustees, Board Operations Policies and Procedures, updated November 19, 2013. https://www.fau.edu/bot/files/Revised%20BOT%20Policies%20and%20Procedures%2011-19-13_APPROVED.pdf
17 thought on “American Academic Freedom in Jeopardy”
There is nothing new under the sun.
Maxim Gorky and Stalin
I wrote a comment to Noah Feldman’s Bloomberg News article on Tracy. I find it hard to digest that Feldman and all the others “journalists and academics” are assuming that Tracy’s “conspiracy theories” are so unfounded that they do not even have to bother to look at the evidence, and, reflexively resort to ad hominem attacks. as a Harvard law professor, Feldman is trained to attack an argument point by point with undermining counterargument. I’d like to know if if any law student would receive an iota of credit if they responded in a similar fashion about any legal hypothetical question on a test administered by Feldman?
Noah Feldman, Bloomberg…..get the picture? Who owns the major media, the news services, the Beacon of Propaganda?
Feldman comes from an institution that is clearly pointed toward proliferation of the Tribe. America is being ripped asunder by these modern-day Bolsheviks who lurk and infest our so-called media conglomeration. What else is new?
I thought everybody knew about this saturation…..wrong!
There are clear problems with the tagging of this post ‘police state and civil rights’ where the prevailing meaning of ‘civil rights’ continues to go unchallenged here.
If ‘civil rights’ commonly understood via ‘the history of civil rights’ and ‘the civil rights movement’ mean as they do the right of one group to have access to another group’s property; and to deny that second group freedom of thought, conscience and speech, Tracy undercuts all his defenses.
He hasn’t yet confronted that fact at all in the American context, although he has begun to confront his adversaries on foreign grounds, namely Israel.
Until White Americans once again act politically and explicitly as such, as they did for most of their history, and retake control of their country from Jews, abstract notions favoured at the collective level exclusively by White societies like blind justice, truth, anti-waycism, anti-slavery, freedom, and democracy will never again obtain, like they never have obtained, anywhere, ever, outside of White rule.
What do you mean Nick Dean by “White Americans” And what does that classification or social structure have to do with “retaking control of this country.” ?
Wasn’t Israel ( a nation) created by a European, eugenic society ?
For future reading ; A. Leon Higginbotham, Jr., “Racism and the Early American Legal Process, 1619-1896,” Annals of the American Academy of Political and Social Science (Vol. 407, No. 1, May 1973)
The Balfour Declaration had nothing to do with Judaism or the so-called jews ,but codified language to create a homebased for Zionism.
Until all American realized the deception behind this codified language , is when mental slavery ends.
Reblogged this on deinvestiture.
Reblogged this on Today,s Thought.
It is time for the entire community of academics in America to see this for what it is: a direct assault on academic freedom in every discipline. This is not just about the scary story of whether or not little kids were slaughtered in their classroom by a madman. This whole scenario was concocted to make us look away in horror at any analysis of the facts, even though looking at the facts is exactly what is called for. When a professor is fired for allegedly spreading falsehoods on the internet, this allegation must be analyzed fairly and honestly with real information, not heresay evidence. The fact that Noah Feldman has failed to do this at any level, reduces his criticisms of Dr. Tracy to mere libel, unworthy of a Harvard Professor. If a tenured Professor can be fired for expressing unpopular views even when they have the facts unequivocally on their side, as Professor Tracy clearly does, then the entire edifice of academic freedom is undermined, regardless of the subject or discipline. Every honest member of the academic community in America should be supporting Dr. Tracy’s lawsuit against trustees and administration of FAU.
It’s not sounding as if FAU found official fault with James Tracy for the content of his blog, but for technical protocol issues related to their policing of ‘extracurricular’ work. It also seems as if the union purposely set a situation up to allow FAU to find this violation of technical procedure or whatever.
I find it hard to believe that most tenured faculty don’t recoil in horror at the idea that such flimsy, contrived excuses could be used to abrogate tenure. The painting of James Tracy as ‘deranged’ and ‘aggressive’ is just a media spin and cover to prevent faculty and concerned citizens from scrutinizing the real supposed infractions.
I would imagine they are afraid of receiving the same boot as Dr. Tracy,
but good God professors-stand up already!
I’m afraid this is part of the occult war that’s taking place throughout the world. Please read Dr. Harrell Rhome’s book The Occult War which can be found free online. When we start questioning the official story and do research into historical events we can see the true history that isn’t found in our history books. In his book he quotes from Jan van Helsing’s Secret Societies and Their Power in the Twentieth Century:
“There are two levels of historical reality. The first is the general so-called public opinion that is served to the average citizen by the mass media and will later, because of the persons writing it down, become history. The second one, though, is made up of the happenings that are not revealed to the public. This is the world of the machinations by secret lodges and secret societies which interlink capital, politics, economy and religion. On this level, nations are made, wars are instigated, presidents and leaders are put into office and, in case they don‘t function, eliminated.”
It comes down to choosing between the blue pill and the red pill https://www.youtube.com/watch?v=zE7PKRjrid4. Unfortunately seeing the truth is just as life changing for us as it was for Neo and there is no turning back. While I’m grateful to be seeing through the deception that permeates the world around us, it does result in personal attacks from those who wish to control the narrative and those still trapped in the deception. We need to find a new life in this alternate reality.
Great point, Kate. Dr. Rhome book lightly touches how education in America was co-opted by those with Satanic ideations and how this process has been well planned out.
I`ll recommend two free book for you that you can download thru “American Deception.com”
Antony C.Sutton- How the Order controls Education
Gary North- Conspiracy – A Biblical View
Below is one of my favorites passages from Gary North’s book.
“What is my point? Simple. Any graduate student or untenured scholar who starts writing articles demonstrating how self-interested, super-rich groups have captured America’s liberal, democratic, and progressive institutions, and still control these institutions, will find himself isolated and ultimately unemployed”.
He was talking about the faith of Antony C. Sutton and our present Dr. James Tracy.
Happy reading to you.
Hold their feet to the fire, those who espouse free speech and academic freedom.
Did everyone see this? Another great defense of Tracy to add to Vivian Lee’s Global Research piece here; this time from Dave Gahary at American Free Press.
Yay! Jon Rappoport writes another column supporting Tracy today: