University President can fire you for tweeting

Last updated on 12/20/2013

That would be in Kansas. From Scott Jaschik at InsideHigherEd. The newly adopted policy of the University of Kansas Board of Regents gives their President the right to fire faculty for tweets:

The chief executive officer of a state university has the authority to suspend, dismiss or terminate from employment any faculty or staff member who makes improper use of social media. “Social media” means any facility for online publication and commentary, including but not limited to blogs, wikis, and social networking sites such as Facebook, LinkedIn, Twitter, Flickr, and YouTube. “Improper use of social media” means making a communication through social media that:

… impairs discipline by superiors or harmony among co-workers, has a detrimental impact on close working relationships for which personal loyalty and confidence are necessary…

This all started when a KU journalism professor exercised his first amendment right to criticize people who exercise their second amendment rights. (And in fairness to KU, they don’t let people exercise their second amendment rights on campus either.)

Here in Oregon, President Gottfredson’s General Counsel Randy Geller tried to remove protection for faculty who criticize the university administration from the faculty union bargaining agreement – but failed.

Colleen Flaherty’s InsideHigherEd story from September is here and links to the Crooked Timber story are here. After a tough fight with the AAUP’s Mike Mauer, some national embarrassment for President Gottfredson, and many lucrative billable hours for UO’s lawyer Sharon Rudnick, former UO President Lariviere’s free speech policy was enshrined in the union contract:

Free inquiry and free speech are the cornerstones of an academic institution committed to the creation and transfer of knowledge. Expression of diverse points of view is of the highest importance, not solely for those who present and defend some view but for those who would hear, disagree, and pass judgment on those views. The belief that an opinion is pernicious, false, and in any other way despicable, detestable, offensive or “just plain wrong” cannot be grounds for its suppression.

The University supports free speech with vigor, including the right of presenters to offer opinion, the right of the audience to hear what is presented, and the right of protesters to engage with speakers in order to challenge ideas, so long as the protest does not disrupt or stifle the free exchange of ideas. It is the responsibility of speakers, listeners and all members of our community to respect others and to promote a culture of mutual inquiry throughout the University community.

And now President Gottfredson is working with a faculty committee from the UO Senate to further strengthen those rights. Which is good.