Georgetown Law, don't punish your new hire for his bad tweets

I wouldn’t argue with anyone who interprets Shapiro’s insulting tweets that way. Nevertheless, it is a mistake for Georgetown to investigate or punish him, for two reasons, one abstract and one strategic. The abstract one is that however offensive Shapiro’s words were, they’re also the sort of political speech that should be protected by basic notions of academic freedom, which is why a number of people who detest what Shapiro said criticized Georgetown’s move. As The Atlantic’s Adam Serwer wrote, “I’ve made my feelings about what he said clear but it’s impossible for academic institutions to fulfill their missions if they fire or punish people under circumstances like these.”

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But punishing Shapiro for his tweets isn’t a bad idea just in principle. It also threatens to undermine the value of academic freedom at a time when that value is under sustained assault in many red states.

There’s recently been an explosion of censorship in conservative parts of the country, including prohibitions on the teaching of critical race theory and an orgy of school library book bans. So far, this censorship has mostly, though not exclusively, targeted K-12 schools. But that’s changing. As PEN America, a free speech organization, recently reported, “In 2022, educational gag orders are being aimed squarely at colleges and universities to exert ideological control over what is being taught and read in classrooms and lecture halls.” Those who hope to counter this wave will need to appeal to broad standards of academic freedom. Any erosion of those standards is likely to redound against the left.

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