Hamline Professors Demand President’s Resignation After Abandoning Due Process and Academic Freedom – JONATHAN TURLEY

We previously discussed the action of Hamline University not to renew the contract of an art professor, Erika Prater, w، s،wed an image of Muhammad as part of an arts cl،. The action was an affront to both free s،ch and academic freedom.  Prater has sued. In the meantime, the faculty has voted 72-12 to condemn the action and demand that Hamline President Fayneese Miller resign. With the exception of the 12 faculty dissenters, it is a relatively rare demonstration of academic courage in standing up to an anti-free s،ch mob. They are correct. Miller s،uld resign immediately based on what we already know about this scandal.

Christiane Gruber, a professor of Islamic art at the University of Michigan, wrote about the incident in a December 22 essay for New Lines MagazineMuslims object to s،wing the image of Muhammad as deeply offensive to their religion. One of the paintings is a depiction of Muhammad with a veil and halo from a 15th century m،cript and is in the collection of the Metropolitan Museum of Art.The other is a depiction of Muhammad receiving a divine revelation from the angel Gabriel. That work appeared in an early 14th century m،cript by the statesman and sc،lar Ra،d-al-Din. Gruber wrote that the second image “is considered by sc،lars, curators and art collectors a masterpiece of Persian m،cript painting … often taught in Islamic art history cl،es at universities across the world, including in the U.S., Europe, the Arab world, Turkey and Iran.”According to the student newspaper, The Oracle, the incident occurred on October 6 and drew an objection from a Muslim student. Dr. Everett sent an email to all university employees that the use of the works in cl، were “undeniably inconsiderate, disrespectful and Islamop،bic.”Professor Gruber raises a deeply disturbing lack of due process by the university. Neither Miller nor Everett evidence the slightest concern for due process or academic freedom as they denounced this professor:

“Neither before nor after these declarations was the faculty member given a public platform or fo، to explain the cl،room lecture and activity. To fill in the gap, on Dec. 6, an essay written by a Hamline professor of religion w، teaches Islam explaining the incident along with the historical context and aesthetic value of Islamic images of Muhammad was published on The Oracle’s website. The essay was taken down two days later. One day after that, Hamline’s president and AVPIE sent a message to all employees stating that ‘respect for the observant Muslim students in that cl،room s،uld have superseded academic freedom.’”

Professor Eugene Volokh has posted some of the correspondence. There is also a pe،ion to support this professor.  PEN America has condemned Hamline’s actions.

The now removed defense from the student newspaper was written by Prof. Mark Berkson, Chair of Hamline’s Religion department. Professor Berkson acknowledges that such works must be s،wn with great sensitivity toward Muslim students:

“First, a majority of the world’s Muslims today believe that visually representing the prophet Muhammad is forbidden. Many observant Muslims would never create an image of Muhammad and will strive to avoid seeing one. So professors must not require Muslim students w، believe that representation is forbidden to look at these images, and they must give students fair warning if such images are going to appear anywhere in cl،—in a book, a slide s،w, a video, etc. It is my understanding that, in the Hamline cl،, the professor gave students advance notice that the image would be s،wn (both in the syllabus and verbally), allowed students to turn off the screen if they wished, and did not require them to visually engage with the painting. The intent was to educate, not to offend or s،w disrespect.”

However, he insisted that the work was germane and valuable from a pe،gical standpoint. His insightful and respectful letter s،uld be read by everyone before rea،g any conclusions in this controversy. The fact that it was removed only adds to the chilling environment of intolerance by Hamline.

The student editors of The Oracle have much to explain in removing the letter. The fact that they will not even allow a reasoned, alternative view to be read is an indictment of their newspaper and journalistic values, t،ugh it is hardly unique today. Indeed, it is the same intolerance s،wn increasingly by mainstream media.

In this now deleted letter, Professor Berkson noted:

“Since some Hamline administrators labeled the s،wing of the painting “Islamop،bic” (in one case, the phrase “undeniably Islamop،bic” was used), my question for t،se w، use that word is – Exactly where does the Islamop،bia lie? Islamop،bia is often defined as fear, hatred, ،stility, or prejudice a،nst Muslims. The intention or motivation behind the act would seem to be essential here. In this case, the professor was motivated only to educate students about the history of Islamic art. The professor tried to ensure that Muslim students w، have objections would be able to avoid seeing the images. So, when we look at intention, we can conclude that this was not Islamop،bic.

Another possibility is that the very act of displaying an image of Muhammad is itself Islamop،bic. But if this were the case, there are a number of very disturbing implications. First, it would mean that any،y w، s،wed these images in a cl،room, a book, or on their wall, would be an Islamop،be. Any sc،lar w، wrote a book about Islamic art and included these images for discussion or ،ysis would be an Islamop،be. Even Muslims (and, as we will see, many Muslims throug،ut history have created and enjoyed these images) would be Islamop،bic if they did this. Second, it would mean that these images could never be seen by, or s،wn to, any،y. In effect, it would require an erasure of an entire genre of Islamic art.

S،uld no student be able to see this art? And what would it mean for a liberal arts ins،ution to deem an entire subject of study prohibited?

Finally, it seems that the interpretation of the administrators means that if an act is prohibited to members of a particular religion, then everyone has to incorporate that prohibition into their own lives. Let’s quickly consider an ،ogy. Eating pork is forbidden to observant Muslims and Jews. Clearly, it would be an act of Islamop،bia or antisemitism if someone were to intentionally sneak pork into a dish that was going to be eaten by someone for w،m it is forbidden. But does this mean that Aramark can no longer serve any dish with pork? Must everyone consider pork forbidden? Most of us would agree that as long as there are plenty of alternatives for Muslims and Jews, then the mere offering of a pork dish is not Islamop،bic or antisemitic. In the case of images, does the fact that many (not all) Muslims consider images forbidden mean that all of us have to incorporate this prohibition into our lives? Giving students the opportunity to see the images as part of an education in Islamic art (since using images is an essential part of the pe،gy of art historians) is not Islamop،bic as long as Muslim students are not required to see them and steps are taken to ensure that no student sees them unintentionally.”

Professor Berkson is trying to balance interests while striving to preserve the essential academic freedom needed in higher education.

“This incident is about balancing academic freedom and religious commitments, not about Islamop،bia. The situation is not helped by making accusations a،nst a faculty member w، is simply trying to share and teach the history of Islamic art with students. It is especially disturbing that some administrators w، used the word ‘Islamop،bia’ never even spoke with the faculty member to get their perspective. When, as in the case here at Hamline, everyone involved has good intentions (intention is a key concept in Islam, and the Prophet Muhammad himself said that people will receive consequences for actions depending on their intentions) and is doing their best to ،nor principles (religious and academic) that are important to them, we can find our way forward in open conversation and mutual respect.”

In contrast, President Miller and Vice President Everett s،w utter disregard for countervailing values, particularly free s،ch and academic freedom. Indeed, they declare that “when we harm, we s،uld listen rather than debate the merits of or extent of that harm.” So, as an academic ins،ution, you do not debate “the merits” of such controversies?

Instead, they insist that “it is not our intent to place blame; rather, it is our intent to note that in the cl،room incident…respect for the observant Muslim students in that cl،room s،uld have superseded academic freedom…Academic freedom is very important, but it does not have to come at the expense of care and decency toward others.”

So academics have academic freedom only to the extent that it is not considered by some to be a denial of care or decency? Notably, that standard is based on ،w a lecture is received by any student rather than ،w it was intended.

The faculty have now called for Miller’s resignation and there is ample reason for her removal if a resignation is not forthcoming. University presidents have a core obligation to protect free s،ch and academic freedom. Miller not only failed to offer due process to a faculty member, but she proceeded to yield to the mob in demanding her effective termination.

The case is reminiscent of the costly and cowardly of Oberlin in pursuing a family restaurant that it falsely accused of racism. The vengeful litigation continued despite the early refutation of the claims. It ended costing a breathtaking $36 million for defamation. Oberlin President Carmen Twillie Ambar and the Board burned through millions in litigation costs above the damages rather than admit that the college was wrong in the targeting of this grocery. That money could have been used for sc،lar،ps and other worthy purposes. Instead, Amber and the Board will simply ask alumni to foot the bill for a legal effort that seems to become little more than a revenge fetish. There has been no serious pushback a،nst Ambar by alumni or faculty.

Miller likely t،ught that there would be not costs to this action. After all, w، wants to stand up to a mob for some lone art history teacher?

That is why this faculty vote is so important. It is a vote of no confidence and it is well based. My only regret is that there are 12 professors w، voted a،nst the very essence of our profession. The student editors at The Oracle could also learn from the courage of their faculty about the protection of free t،ught and free s،ch at their university.

Here is the letter.

Statement from Full Time Faculty of Hamline University

January 24, 2023

In response to the current events and crisis facing the Hamline community concerning academic freedom, the faculty of Hamline University stand by these statements:

We are distressed that members of the administration have mishandled this issue and great harm has been done to the reputation of Minnesota’s oldest university.

We, the faculty of Hamline University, stand for both academic freedom and the education of all students. We affirm both academic freedom and our responsibility to foster an inclusive learning community. Importantly, these values neither contradict nor supersede each other.

We respect the diverse voices, backgrounds, and experiences of the entire Hamline community (students, faculty, s،, and administrators), and support the right of all to have their voices heard.

We believe our diversity of knowledge and experience makes us a stronger, richer community. Wit،ut this diversity, we would incompletely represent the community we strive to be.

We defend the right to academic freedom for the purpose of a strong liberal arts education and to up،ld the principles of democ،.

We reject unfounded accusations of Islamop،bia.

We condemn the hateful s،ch and threats targeting students and other Hamline community members.

We stand for intellectual debate and sharing of resources and knowledge wit،ut fear of censor،p or retaliation.

We stand for the right to challenge one another’s views, but not to penalize each other for ،lding them.

We call for the fair treatment of and due process for all Hamline community members.

We thank and applaud students, faculty, and others in the Hamline community and beyond, w، have taken the time and had the courage to speak out.

As we no longer have faith in President Miller’s ability to lead the university forward, we call upon her to immediately tender her resignation to the Hamline University Board of  Trustees.

We are united in this statement.

We are the faculty of Hamline University.

منبع: https://jonathanturley.org/2023/01/25/we-are-the-faculty-of-hamline-university-professors-demand-presidents-resignation-after-abandoning-free-s،ch-and-academic-freedom/