Judge Naves Tosses the Jury Verdict; Says the Regents are Immune from Suit July 7, 2009 On April 2, 2009, after hearing evidence for a month, a Denver jury unanimously found that Ward Churchill had been fired from the University of Colorado not because of research misconduct but in retaliation for speech protected by the First Amendment.
After more than four years of political attacks on Ward Churchill, a clear statement had been made: the University of Colorado had violated the U.S. Constitution when it fired Churchill, a tenured full professor of American Indian Studies.
The normal remedy in such cases? Reinstatement.
But on July 7, 2009, Judge Larry Naves of the Denver District Court threw out the jury’s verdict, adopting the University’s argument that the Regents have “quasi-judicial” immunity from such lawsuits. In essence, this means that the Regents and University administrators are free to continue to violating the Constitution.
In a 42-page opinion lifted wholesale from the University’s pleadings, Judge Naves went on to explain why Ward Churchill should not be given front pay, back pay, or be reinstated.
Segment from the Liz Garbus Documentary "SHOUTING FIRE "
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All of these are irrelevant, of course, if the jury’s verdict is not upheld. But the fact that the judge went to such pains to adopt the University’s arguments – which often directly contravened the factual record in this case – speaks volumes.
This ruling simply confirms what we have observed so often. When given access to the facts, regular people on the street can make clear, reasoned decisions that uphold constitutional values. It is rare, however, to find persons in positions of power who will not bow to political pressure.
Churchill's attorney David Lane will, of course, appeal this decision. Ward Churchill’s reaction? “I can’t think of any way to improve upon Steve Earle’s line from The Hard Way:
‘There are some who break and bend. I’m the other kind.’”
Source: http://www.wardchurchill.net/
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TIMELINE of ATTACKS
Sept. 12, 2001 Prof. Churchill writes an op-ed piece published online by Dark Night Field Notes, giving a “gut reaction” to possible causes of the Sept. 11 attacks. This is later expanded and published as On the Justice of Roosting Chickens: Reflections on the Consequences of U.S. Imperial Arrogance and Criminality (AK Press, 2003). Neither receives much public attention.
January 26, 2005 A Syracuse, NY newspaper discusses Prof. Churchill’s scheduled lecture at Hamilton College sponsored by the Kirkland Project for the Study of Gender, Society and Culture. The Kirkland Project had already been targeted by various rightwing organizations, including Lynne Cheney’s American Council of Trustees and Alumni (ACTA) and David Horowitz’ Center for the Study of Popular Culture and its spin-off, Students for Academic Freedom. A well-coordinated campaign at Hamilton had recently succeeded in forcing cancellation of a class which was to have been taught by former political prisoner Susan Rosenberg (who was to speak on a panel with Prof. Churchill).
Within a few days the story, which focused on two words (“little Eichmanns”) taken out of context from the 2001 op-ed piece, had been picked up by AP, newspapers around the country, and highlighted by Fox News’ Bill O’Reilly, who urged viewers to contact Hamilton College. Both Ward Churchill and Hamilton College soon received thousands of calls, letters and e-mails, including threats of violence and death.
Despite initial vows to protect freedom of speech, Hamilton College President Joan Hinde Stewart cancels the program on January 31. She attributes it to security concerns, but it later becomes clear that threats from alumni to withdraw financial support play a major role in the decision. The director of the Kirkland Project is soon removed and the Project threatened with de-funding.
January 27, 2005 With total disregard for the CU’s written policies on academic freedom, Interim Chancellor Philip DiStefano immediately denounces Prof. Churchill’s statements as “abhorrent” and “repugnant.” Two days later Colorado Congressman Bob Beauprez demands Prof. Churchill’s resignation. Beauprez later boasts on the radio that he has discussed the Churchill case with President Bush on Air Force One. Within the week Gov. Bill Owens demands that Prof. Churchill be fired, and both chambers of the Colorado legislature pass resolutions condemning Prof. Churchill and threatening to withhold funds from CU.
February 3, 2005 The CU Board of Regents convenes an emergency meeting. Although billed as a “public meeting,” an undergraduate is immediately arrested for attempting to read a brief statement on behalf of the students. His charges were eventually dropped, but community activist Shareef Aleem faces a sixteen-year prison term for allegedly assaulting officers who attempted to forcibly eject him when he asked why the students were not being allowed to speak.
The Regents issue a blanket “apology” to the entire country for Prof. Churchill’s statements, and accept Chancellor DiStefano’s proposal that he, CU Law dean David Getches, and Arts & Sciences dean Todd Gleeson convene an “ad hoc” committee to determine within 30 days whether any of Prof. Churchill’s public writing or speeches “crossed” some undefined boundary of protected speech. The Regents’ own rules on academic freedom and CU’s internal faculty procedures – to say nothing of the First Amendment – are completely disregarded. CU posts DiStefano’s statements prominently on its website.
February 8, 2005 CU-Boulder students sponsor a speech by Ward Churchill on campus. Interim Chancellor DiStefano attempts to cancel it at the last minute, citing “security” concerns, but the possibility of a federal court injunction persuades him otherwise. More than 1500 people attend; they are orderly and extremely supportive of Prof. Churchill.
Despite on-going efforts by Bill O’Reilly, David Horowitz and his “Students for Academic Freedom,” and even personal communiqués from Governor Bill Owens to College Republican around the country to have his speeches cancelled, during the spring Ward Churchill speaks to large and overwhelmingly supportive audiences at the University of Hawai’i, the University of Wisconsin-Whitewater, the University of California-Berkeley, Reed College, Pitzer College, the University of California-Monterey Bay, and at numerous public events in Denver and the San Francisco Bay area. President Jordan of Eastern Washington University, then vying for a job in Denver, cancels a talk; he is unanimously rebuked by his faculty and his students bring Ward Churchill to speak anyway. Ironically, only the very “liberal” Antioch College and Wayne Morse Center for Law and Politics at the University of Oregon actually cancel scheduled appearances.
February 25, 2005 Nearly 200 tenured faculty members at UC-Boulder take out an ad “demanding that school officials halt their investigation of Ward Churchill’s work. On March 22 this is followed by a full-page open letter endorsed by hundreds of scholars across the country, demanding that the Regents’ and administration’s “utterly gratuitous and inappropriate action[s]” be reversed. During this period thousands of individuals sign petitions supporting Prof. Churchill and hundreds write letters of protest to CU officials.
March 3, 2005 CU President Elizabeth Hoffman warns an emergency session of the Boulder Faculty Assembly of a “new McCarthyism,” pointing out that there is “no question that there’s a real danger that the group of people [who] went after Churchill now feel empowered.” Within 5 days she announces her resignation.
Mid-March 2005 Having bought time with its “ad hoc” investigation of his every word, the University negotiates with Prof. Churchill. He is willing to take early retirement for nominal compensation, but only on the condition that the Regents formally and publicly affirm the University’s processes of academic review and their own rules on academic freedom. They refuse.
March 24, 2005 Interim Chancellor DiStefano, who has never consulted Ward Churchill or even officially informed him of the investigation, publicly announces the findings of the “ad hoc” committee. The Interim Chancellor has discovered, apparently to his surprise, that all of Prof. Churchill’s writings and speeches are protected by the First Amendment. But in the meantime, he states, other allegations have surfaced which require further investigation.
Continued: http://www.wardchurchill.net/timeline.html
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