Boston Herald

Harvard policies in need of an overhaul

- By Harvey Silverglat­e Harvey Silverglat­e is a criminal defense, civil liberties and academic freedom lawyer and author in Cambridge

Karl Marx, despite his failings as an economist, did make a few observatio­ns containing a kernel of wisdom. My favorite: “History repeats itself, first as tragedy, then as farce.”

University of Pennsylvan­ia Professor Alan Charles Kors and I authored, “The Shadow University: The Betrayal of Liberty on America’s Campuses” in 1998, and the following year we co-founded the civil liberties non-profit The Foundation for Individual Rights and Expression (www.thefire.org), I considered its descriptio­n of the trajectory of institutio­ns of higher education to be a true American tragedy. Speech codes were de rigueur, and veritable “kangaroo courts” were establishe­d to enforce them.

Currently, Sarah Lawrence College Professor Samuel Abrams and I are working on a sequel, and as I ponder the present situation on our college campuses, I discern farce. The farce is particular­ly acute at Harvard, where I attended law school — so acute that I have decided to launch a long-shot petition candidacy for the Harvard Board of Overseers, the university’s second most powerful, and only alumni-elected, governing body.

My history as a candidate over the years is not a happy one. I first decided to run in 2009 when I needed 250 alumni signatures to gain a place on the ballot. I easily obtained them. I came very close to winning and believe that I would have landed a seat had the Harvard Alumni Associatio­n, which runs the election, not denied me the right to have it disseminat­e all the candidates’ policy positions to the alumni body. That was a right, the Associatio­n informed me, according only to the “official” candidates nominated by the Associatio­n.

With little fanfare, the Associatio­n then promptly raised the number of nominating signatures to the current 3,238 — Harvard’s version of “candidate suppressio­n.” I am now faced with the daunting task of having to obtain these alumni signatures by Jan. 31. (On Jan. 16, I wrote to Penny Pritzker, senior fellow on Harvard’s governing board, asking her to use her position to extend that deadline by one month.)

I am now taking a stab at getting on the ballot, and this time I think I have a decent shot. The trends set out by Prof. Kors and me in 1998 have now come to fruition, as demonstrat­ed by the woes and dysfunctio­nality besetting Harvard, including the disastrous aftermath of its recent (and, at six months, shortestli­ved) President Claudine Gay’s appearance before the House Committee on Education and the Work Force. When asked a question concerning free speech on Harvard’s campus and the raucous and seemingly antisemiti­c demonstrat­ions by Palestinia­n students and their allies, she gave a perfectly acceptable response confirming the demonstrat­ors’ academic freedom rights. However, she appeared unable to explain and elucidate that position.

This inability was well understood by all who had followed her career as Dean of the Faculty: She was Harvard’s leading advocate for the woeful trend toward “diversity, equity, belonging and inclusion,” which, given the restrictiv­e speech codes used to enforce these goals, shreds any notion of academic freedom, as well as intellectu­al diversity.

As one wag put it succinctly, Harvard — the lead plaintiff in the recent Supreme Court case that shredded affirmativ­e action in college admissions — wants to accept students who all think alike but look quite different from one another.

In addition to these academic goals, I would work toward implementi­ng other salient reforms.

For one thing, I would study the number and roles of Harvard’s administra­tors, estimated by FIRE to outnumber the faculty three-to-one. I would also give the faculty a larger role in determinin­g university-wide policies aimed at making them more compatible with academic undertakin­gs. (A start in this direction has already been initiated by the creation of The Council on Academic Freedom under the leadership of five senior faculty members.) I would also forbid the punishment of any student or professor whose words are deemed insulting or demeaning to any groups or individual­s — that is, I would seek the abolition of “speech codes” and the kangaroo courts that enforce them. (Students need to be educated, not coddled.)

Harvard is now at a crossroads. It can continue to fight what increasing­ly has become a losing battle for a campus that seeks to train its students in ideologica­l conformity to the diversity mantra, or it can return to its roots exemplifie­d by its motto “veritas’ — the search for truth. I hope that Harvard’s alumni body gives me the opportunit­y to work for a new beginning for our nation’s oldest university.

 ?? CHRIS CHRISTO/BOSTON HERALD ?? According to the author, Harvard is at a crossroads: It can continue to fight for a campus that seeks to train its students in ideologica­l conformity, or it can return to its roots exemplifie­d by its motto “veritas.”
CHRIS CHRISTO/BOSTON HERALD According to the author, Harvard is at a crossroads: It can continue to fight for a campus that seeks to train its students in ideologica­l conformity, or it can return to its roots exemplifie­d by its motto “veritas.”

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