The Classroom Legislative Battle with Keith Whittington | Ep 23

How does political intervention shape the landscape of higher education? Today, our guest is Keith Whittington, Ph.D, David Boies Professor of Law at Yale Law School and director of the Center for Academic Freedom. In this episode, host John Tomasi and Keith Whittington discuss the increasingly contentious legislative interventions in higher education, beginning with Florida's "Stop Woke Act." Whittington compares today's interventions to past efforts, discussing implications for academic freedom, First Amendment rights, and university regulation.Whittington shares his experiences and the work of the Academic Freedom Alliance (AFA), emphasizing the importance of defending speech rights in academia. The episode also examines legislative trends, government control in public vs. private education, and challenges arising from modern technology and increased visibility of academic speech. Join us for some insights into the critical intersection of politics, law, and academia, emphasizing the necessity for open discourse and viewpoint diversity on university campuses. In This Episode:Whittington's new book, "You Can't Teach That"The mission and efforts of the Academic Freedom Alliance (AFA)An overview of Florida's "Stop Woke Act" and its implicationsHistorical legislative interventions in educationThe role of the American Association of University Professors (AAUP) and the evolution of academic freedomFirst Amendment challenges related to classroom speech at public and private institutionsThe impact of political and ideological trends on higher education About Keith:Keith E. Whittington, Ph.D, is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law. He is the author of You Can't Teach That! The Battle Over University Classrooms (2024), Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present (2019), and Speak Freely: Why Universities Must Defend Free Speech (2018), as well as Constitutional Interpretation (1999), Political Foundations of Judicial Supremacy (2007), and other works on constitutional theory and law and politics.Whittington serves as Founding Chair of the Academic Freedom Alliance’s Academic Committee and as a Hoover Institution Visiting Fellow. He has been a John M. Olin Foundation Faculty Fellow, an American Council of Learned Societies Junior Faculty Fellow, a National Center for Free Speech and Civic Engagement Fellow, and a Visiting Scholar at the Social Philosophy and Policy Center. A member of the American Academy of the Arts and Sciences, Whittington served on the Presidential Commission on the Supreme Court of the United States.  Check out Keith's new book: You Can't Teach That!Follow Keith on X: https://x.com/kewhittingtonFind out more about the American Association of University ProfessorsFind out more about the Academic Freedom Alliance Follow Heterodox Academy on:Twitter: https://bit.ly/3Fax5DyFacebook: https://bit.ly/3PMYxfwLinkedIn: https://bit.ly/48IYeuJInstagram: https://bit.ly/46HKfUgSubstack: https://bit.ly/48IhjNF 🔗 Find out more about Heterodox Academy at: https://linktr.ee/heterodoxoutloud

What happens when the guardians of cultural narratives and societal norms become inseparable from the very hierarchies they critique? Today, we explore the concept of "symbolic capitalists" with Musa al-Gharbi, author of We Have Never Been Woke: The Cultural Contradictions of a New Elite and assistant professor at the School of Communication and Journalism at Stony Brook University. In this conversation, Musa discusses the role of symbolic capitalists in perpetuating societal inequalities and how their influence extends to academia and media. His latest book, "We Have Never Been Woke," provides a radical yet introspective take on these themes. Drawing from his experiences at elite institutions like Columbia University, he highlights the paradoxes and internal contradictions of symbolic capitalism. Join us as Musa al-Gharbi articulates the complicity of the professional-managerial class in societal injustices and reflects on the role of identity and networks in shaping academic and professional paths. In This Episode:Definition and impact of symbolic capitalistsCollaboration between symbolic and traditional capitalistsMoral and ethical implications of symbolic professionsThe interplay between academia and elite credentialingDisparities within symbolic professionsExploitation of adjunct professors in higher educationHistorical context of social justice movements among symbolic capitalistsThe symbolic performance of advocacy vs. direct actionRevisiting the relationship between personal success and systemic inequality About Musa:Musa al-Gharbi, Ph.D., is the Daniel Bell Research Fellow at Heterodox Academy, and an assistant professor of journalism, communication and sociology at Stony Brook University. Musa is the Author of We Have Never Been Woke: The Cultural Contradictions of a New Elite, published by Princeton University Press. He is a columnist for The Guardian and his writing has also appeared in the New York Times, the Washington Post, and The Atlantic, among other publications. Find Musa on X at @Musa_alGharbi and on Substack. Learn more about Musa at: https://musaalgharbi.com/musa-al-gharbi/biography/ Follow Heterodox Academy on:Twitter: https://bit.ly/3Fax5DyFacebook: https://bit.ly/3PMYxfwLinkedIn: https://bit.ly/48IYeuJInstagram: https://bit.ly/46HKfUgSubstack: https://bit.ly/48IhjNF 🔗 Find out more about Heterodox Academy at: https://linktr.ee/heterodoxoutloud

Is the principle of free speech being weaponized to legitimize harmful ideologies like racism, sexism, and transphobia? What happens when the sanctity of free speech collides with the complexities of societal power dynamics? In today's episode, we navigate this intricate terrain with Anthony Leaker, a senior lecturer in culture and critical theory at the University of Brighton, and the author of "Against Free Speech." John Tomasi and Anthony’s conversation revolves around the contentious and often polarized discussions surrounding free speech on university campuses.Anthony challenges liberal ideals and advocates for a nuanced interrogation of free speech, particularly how it has been historically weaponized to maintain power imbalances. Through a thought-provoking dialogue, Anthony and John explore how free speech and reason, historically viewed as pillars of liberal democracy, can sometimes obscure deep-seated structural inequalities. In This Episode:The defense of free speech versus power imbalancesHistorical critiques from John Stuart Mill and Herbert MarcuseThe role of social media and algorithms in perpetuating power structuresContextual application of free speech in various settingsThe legitimacy and impact of deplatforming on campusThe narrative of students' sensitivity and grievancesAffirmative action and ideological imbalances in universities About Anthony:Anthony Leaker is a principal lecturer in cultural and critical theory at the University of Brighton. His academic work primarily focuses on political philosophy, critical theory, and issues surrounding free speech and its societal implications. Leaker is best known for his book Against Free Speech (2020), where he argues that the traditional liberal defense of free speech is often co-opted to serve right-wing political agendas and justify the marginalization of oppressed groups.In Against Free Speech, Leaker critiques the way free speech is invoked in modern political debates, particularly how it has been used to legitimize reactionary movements and suppress marginalized voices. He explores contemporary events such as the Charlie Hebdo attacks, Brexit, and the rise of Donald Trump to analyze how free speech is frequently framed as a neutral right, when in reality, it can be a tool of power structures. Follow Heterodox Academy on:Twitter: https://bit.ly/3Fax5DyFacebook: https://bit.ly/3PMYxfwLinkedIn: https://bit.ly/48IYeuJInstagram: https://bit.ly/46HKfUgSubstack: https://bit.ly/48IhjNF 🔗 Find out more about Heterodox Academy at: https://linktr.ee/heterodoxoutloud

What is the real purpose of a university—truth-seeking or molding active citizens? Are university campuses becoming echo chambers, leading to self-censorship among not just conservatives but liberals too?Today's guest is Amna Khalid, an esteemed Associate Professor of History at Carleton College and a prominent voice within the Heterodox Academy (HxA) community. Together, John Tomasi and Amna explore this multifaceted question. They discuss the evolving role of universities, the interplay of critical inquiry and citizenship, and the impact of neoliberal trends on campus culture.Amna brings a wealth of experience and academic insight. She shares her perspectives on the necessity of preserving higher education's autonomy while addressing present-day challenges, such as campus speech restrictions and the contentious implementation of diversity, equity, and inclusion (DEI) initiatives. In This Episode:The dual mission of universities: critical inquiry and citizenshipCampus speech restrictions and the self-censorship challengeThe impact of neoliberalism on diversity initiatives in higher educationStudent entitlement and the consumerist mindset in academiaThe essential role of academic expertise in shaping educational experiencesLegislative interference and academic freedomThe need for balanced, viewpoint-neutral reforms in higher educationCase examples highlighting challenges faced by faculty and institutions Follow Amna on X here: https://x.com/AmnaUncensored About Amna:Amna Khalid is an Associate Professor in the Department of History at Carleton College in Northfield, Minnesota. She specializes in modern South Asian history, the history of medicine and the global history of free expression. Amna is the author of multiple book chapters on the history of public health in nineteenth-century India, with an emphasis on the connections between Hindu pilgrimages and the spread of epidemics. Born in Pakistan, Amna completed her Bachelor's Degree at Lahore University of Management Sciences. She went on to earn an M.Phil. in Development Studies and a D.Phil. in History from Oxford University. Growing up under a series of military dictatorships, Amna has a strong interest in issues relating to censorship and free expression. She speaks frequently on academic freedom, free speech and campus politics at colleges and universities as well as at professional conferences. Her essays and commentaries on these same issues have appeared in outlets such as the Chronicle of Higher Education, the Conversation, Inside Higher Ed and the New Republic. She hosts a podcast and accompanying blog called "Banished," which explores censorship in the past and present. Amna was a Fellow at the University of California National Center for Free Speech and Civic Engagement during the 2022-2023 academic-year, along with her Carleton colleague Jeff Snyder​. They focused on threats to academic freedom in Florida, the state at the epicenter of the conservative movement to encourage state intervention in public school classrooms. Based on interviews Khalid and Snyder conducted with Florida faculty members, they submitted an amicus brief supporting the plaintiffs who are challenging the Stop WOKE Act. Follow Heterodox Academy on:Twitter: https://bit.ly/3Fax5DyFacebook: https://bit.ly/3PMYxfwLinkedIn: https://bit.ly/48IYeuJInstagram: https://bit.ly/46HKfUgSubstack: https://bit.ly/48IhjNF 🔗 Find out more about Heterodox Academy at: https://linktr.ee/heterodoxoutloud

What happens when public policy meets the complex world of modern gender identity? Our guest today is Kathleen Stock, a former professor of philosophy at the University of Sussex, author of the critically-acclaimed "Material Girls", and an Officer of the Order of the British Empire (OBE) awardee. Kathleen joins host John Tomasi to navigate the often-tense intersection of trans rights, gender identity, and academic freedom. Despite facing protests, security threats, and professional challenges, Kathleen steadfastly advocates for open inquiry and reasoned debate.  Today, John and Kathleen discuss the controversial landscape of transgender issues. Kathleen criticizes the medicalization of gender questioning and the societal pressure it places on individuals. She explains how academic and societal frameworks have rapidly evolved with the influence of activism, particularly examining the ramifications for single-sex spaces and public policies. In This Episode:Criticism of the medicalization of gender questioningThe societal impact of Stonewall’s policy changes and the Gender Recognition ActChallenges faced by Kathleen in professional settings due to her viewsDebates over the inclusion of trans women in single-sex spaces and sportsThe role of free speech and reason in academic discourseConcerns for the future of universities and academic freedom Follow Kathleen on X here: https://x.com/DocstockkCheck out her book Material Girls: https://a.co/d/02sKzGz9 About Kathleen:Kathleen Stock is a contributing writer at UnHerd and a co-director of The Lesbian Project. She is the author of Material Girls: Why Reality Matters for Feminism (Little Brown 2021) and Only Imagine: Fiction, Interpretation and Imagination (Oxford University Press 2017). Until 2021, she was a Professor of Philosophy at Sussex University. In the last few years, she has written for UK national publications on a range of issues, especially on sex, gender, and women's rights. In 2024, she was highly commended for her UnHerd columns at the UK Press Awards; in 2022, she was voted World’s Top Thinker in Prospect Magazine. She was awarded an Officer of the Order of the British Empire for services to higher education in 2020. Follow Heterodox Academy on:Twitter: https://bit.ly/3Fax5DyFacebook: https://bit.ly/3PMYxfwLinkedIn: https://bit.ly/48IYeuJInstagram: https://bit.ly/46HKfUgSubstack: https://bit.ly/48IhjNF 🔗 Find out more about Heterodox Academy at: https://linktr.ee/heterodoxoutloud

What happens when foundational scientific concepts clash with modern identity politics? Today, our guest is Elizabeth Weiss, professor emeritus of anthropology at San José State University, Segal Center research fellow, and a renowned author. Her latest book, "On the War Path: My Battles with Indians, Pretendians, and Woke Warriors", is now available. Weiss recounts her tumultuous journey through academia and the underlying conflicts within anthropology. These conflicts range from the debate between scientific knowledge and postmodern truths to the intersection of identity politics with the discipline. She also discusses the controversy surrounding the cancellation of a panel on the concept of binary sex by major anthropological associations, only for it to gain global attention after being reinstated. Join us as Elizabeth Weiss shares her steadfast commitment to objective knowledge and truth, her experiences with being canceled, and her aspirations for reform within the field of anthropology. In This Episode:Controversy over the binary concept of sexRetraction of anthropology panel on sexElizabeth Weiss's academic journey and researchChallenges in anthropology and repatriation lawsElizabeth Weiss's lawsuit and retirement settlement Follow Elizabeth on X here: https://twitter.com/eweissunburiedCheck out her latest book: https://a.co/d/9Os3MGa About Elizabeth:Elizabeth Weiss is professor emeritus of anthropology at San José State University. She's a 2023-2024 Faculty Fellow at the Mike & Sofia Segal Center for Academic Pluralism. She is on the board of the National Association of Scholars. Her latest book is On the Warpath: My Battles with Indians, Pretendians, and Woke Warriors (Academic Press, 2024). Follow Heterodox Academy on:Twitter: https://bit.ly/3Fax5DyFacebook: https://bit.ly/3PMYxfwLinkedIn: https://bit.ly/48IYeuJInstagram: https://bit.ly/46HKfUgSubstack: https://bit.ly/48IhjNF 🔗 Find out more about Heterodox Academy at: https://linktr.ee/heterodoxoutloud

Can emotional connections to our identities justify restrictions on free speech? This provocative episode of Heterodox Out Loud explores the deep tension between personal relationships and public discussions. Host John Tomasi sits down with Jilian Lederman, a graduate of Brown University and a strong advocate for free speech. Together, they examine the complex landscape of free expression on university campuses, focusing on the oppressor-oppressed dynamic and its impact on intellectual diversity and dialogue.Jilian shares her experiences in political discourse and pro-Israel advocacy, highlighting the intimidation and harassment faced by Jewish and other marginalized students. We also explore her op-ed for The New York Times and her efforts to promote open inquiry and robust debate through various initiatives and student organizations. The episode also touches on changing commitments to free speech principles and creating a more inclusive academic environment. In This Episode:• Challenges to campus free speech principles• Critique of the oppressor-oppressed dichotomy• Why universities need more intellectual diversity• The impact of identity politics on student life• Advocacy for classic free speech doctrines About Jilian:Jillian Lederman is a 2024 graduate of Brown University, where she studied political science and economics. While in college, she served as the Executive Chair of Hillel International’s Israel Leadership Network, the President of Brown Students for Israel, co-president of Free Inquiry at Brown, and a writer and editor for The Brown Political Review. She is also a Research Assistant for Heterodox Academy. Her writing has been published in The New York Times and The Hill, and she has been interviewed on FOX, CNN, MSNBC, SiriusXM, and News Nation. This fall, she will begin work as an editorial fellow at The Wall Street Journal. Follow Heterodox Academy on:Twitter: https://bit.ly/3Fax5DyFacebook: https://bit.ly/3PMYxfwLinkedIn: https://bit.ly/48IYeuJInstagram: https://bit.ly/46HKfUgSubstack: https://bit.ly/48IhjNF 🔗 Find out more about Heterodox Academy at: https://linktr.ee/heterodoxoutloud

They delve into specific instances where these movements have influenced policy changes, discussing the tensions between activism and open inquiry. The conversation highlights recent cases where protests have either stifled or spurred debates about institutional investment ethics and the balance between social justice and academic discourse.Finally, they discuss the politicization of the humanities, examining how political biases can shape curricula and impact scholarly discourse.In This Episode:Politicization in response to humanities' defundingThe challenges in balancing university finance and missionHow universities are inconsistent when handling student protestsThe complexities of university divestment and geopoliticsDiversity and inclusion frameworks in modern academiaFollow Tyler on X here: https://twitter.com/Tyler_A_HarperAbout Tyler:Tyler Austin Harper is a literary scholar working at the intersection of the history of science, philosophy, and environmental studies. His book, “The Paranoid Animal: Human Extinction Before the Bomb,” is under contract with Princeton University Press. It examines how British literary figures, scientists, and social theorists engaged with the concept of human extinction prior to the nuclear age. Specifically, his work argues that the period between 1800 and 1945 witnessed a shift from fatalistic visions of the end of humanity—dominant during the Romantic Era and influenced by theories of geological catastrophism—toward a new, post-Darwinian conception of human extinction in which threats to the species were reimagined as risks that could be mitigated by technological intervention, prefiguring current debates about AI, nuclear war, and climate change. His scholarly work has been published in Modern Language Quarterly, Science Fiction Studies, Syndicate, and Paradoxa.Harper is a contributing writer at The Atlantic. His public writing on politics, culture, race, and technology has appeared in The Atlantic, The New York Times, The Washington Post, The Boston Globe, Jacobin, and other outlets. Follow Heterodox Academy on:Twitter: https://bit.ly/3Fax5DyFacebook: https://bit.ly/3PMYxfwLinkedIn: https://bit.ly/48IYeuJInstagram: https://bit.ly/46HKfUgSubstack: https://bit.ly/48IhjNF 🔗 Find out more about Heterodox Academy at: https://linktr.ee/heterodoxoutloud

From Coddling to Crisis. Today, we trace the trajectory of student fragility from playgrounds to classrooms. Welcome to Heterodox Out Loud. In today's episode, our host, John Tomasi, talks with social psychologist and best-selling author Jonathan Haidt about his new book, The Anxious Generation. The book delves into the increasing levels of anxiety and emotional distress experienced by teens today. During their discussion, Haidt emphasizes the significant shift from a play-based childhood to a smartphone-centric upbringing, which has led to a rise in mental health issues, particularly after the adoption of Instagram in 2012.The pair will explore how these changes have affected higher education and campus life. They will discuss the reinforcement of emotional reasoning, fragility, and self-censorship fostered in academic settings. Together, they will examine the critical issues and potential pathways for creating robust, supportive, and intellectually vibrant university communities. Join us to learn more about this critical topic. In This Episode:Exploring the Anxious Generation's college experienceThe impact of technology on mental healthThe role of community in university settingsChallenges of identity and independence in collegeHow to foster viewpoint diversity and respectful discourse Follow Jonathan on X here: https://twitter.com/JonHaidt About Jonathan:Jonathan Haidt is a social psychologist at New York University’s Stern School of Business. He obtained his Ph.D. from the University of Pennsylvania in 1992 and taught for 16 years in the Department of Psychology at the University of Virginia. Haidt's research focuses on exploring the intuitive foundations of morality and how it varies across cultures, including the cultures of progressives, conservatives, and libertarians. His aim is to help people understand, live, and work with each other despite their moral differences. Haidt has co-founded several organizations and collaborations that apply moral and social psychology to achieve this goal, including Heterodox Academy, The Constructive Dialogue Institute, and EthicalSystems.org. Haidt is the author of The Happiness Hypothesis: Finding Modern Truth in Ancient Wisdom, as well as The New York Times bestsellers The Righteous Mind: Why Good People are Divided by Politics and Religion and The Coddling of the American Mind: How Good Intentions and Bad Ideas are Setting Up a Generation for Failure (co-authored with Greg Lukianoff). He has written more than 100 academic articles, which have been cited nearly 100,000 times. In 2019, he was inducted into the American Academy of Arts and Sciences and was chosen by Prospect magazine as one of the world’s “Top 50 Thinkers.” Haidt has given four TED talks and since 2018, he has been studying the impact of social media on the decline of teen mental health and the rise of political dysfunction. His latest book, The Anxious Generation: How the Great Rewiring of Childhood is Causing an Epidemic of Mental Illness, was published by Penguin Press on March 26, 2024. Follow Heterodox Academy on:Twitter: https://bit.ly/3Fax5DyFacebook: https://bit.ly/3PMYxfwLinkedIn: https://bit.ly/48IYeuJInstagram: https://bit.ly/46HKfUgSubstack: https://bit.ly/48IhjNF 🔗 Find out more about Heterodox Academy at: https://linktr.ee/heterodoxoutloud

Is diversity simply a box-checking exercise, or does it hold a deeper significance in academia? Today we're joined by Azim Shariff, Ph.D, a distinguished professor of psychology at the University of British Columbia, to explore the complex landscape of Diversity, Equity, and Inclusion (DEI) in higher education. In this conversation, John Tomasi and Azim delve deep into the multifaceted approach to DEI, discussing the pressing need to rethink and clarify the rationale behind diversity in faculty hiring and beyond.Azim provides a fresh perspective on managing and harnessing diversity's paradox of fostering innovation and coordination challenges. Whether it's the impact of role models on educational outcomes or the intricate balance between meritocracy and social justice motives, this episode promises to unfold the nuanced dynamics of DEI efforts within academic institutions.Get ready to challenge your understanding of diversity in academia as we navigate through the meritocratic, social justice, and instrumental values driving DEI initiatives. In This Episode:Rethinking DEI in academiaBalancing truth-seeking and social justiceThe challenges of interdisciplinary research diversityHow role models impact education outcomesClarifying the motives behind faculty diversity Follow Azim on X here: https://twitter.com/azimshariff About Azim:Azim Shariff is a Professor and Canada 150 Research Chair at the University of British Columbia, where he directs the Centre for Applied Moral Psychology. His research on morality, religion, politics, and technology regularly receives global media coverage and has appeared in top academic journals such as Science, Nature, and the Proceedings of the National Academy of Sciences. He has written about this work for The New York Times and Scientific American and has spoken at TED, the Aspen Ideas Festival, and the World Science Festival in New York. He is a fellow of the Association for Psychological Science and a Kavli Fellow of the National Academy of Sciences. He teaches a free Massive Online Open Course (MOOC) on The Science of Religion for the public through edX. Professor Shariff earned his doctorate from UBC in 2010 and returned as a faculty member in 2018. Follow Heterodox Academy on:Twitter: https://bit.ly/3Fax5DyFacebook: https://bit.ly/3PMYxfwLinkedIn: https://bit.ly/48IYeuJInstagram: https://bit.ly/46HKfUgSubstack: https://bit.ly/48IhjNF 🔗 Find out more about Heterodox Academy at: https://linktr.ee/heterodoxoutloud