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Quite the World, Isn't It?

Politics, fishing expeditions and the new McCarthyism

I teach an introductory journalism course to college students here in Southern California, and one of the tenets I drill into them during our examination of ethics is that just because you have a legal right to do something doesn't mean you have a moral right to do it. It's a lesson conservative political agitators in Wisconsin and Michigan ought to learn.

Over the past week or so conservatives have filed Freedom of Information Act requests on public university professors seeking emails that mention the Wisconsin labor showdown. There are laws precluding use of public property for political purposes, a sound policy aimed at separating politics from governance (it keeps government workers from using government supplies and property to engage in poltiical activities). But the intent here is purely opportunistic, with anti-labor Republicans seeking to conjure up a "gotcha" moment for university professors sympathetic to labor issues.

The gambit began with requests for emails from the University of Wisconsin-Madison account of highly respected history professor William Cronon. It has moved onto the labor history professors at three public Michigan universities, according to Talking Point Memo, which first reported the Michigan requests (one was received by my longtime friend, M.L. Liebler who teaches at Wayne State University):
An employee at the think tank requesting the emails tells TPM they're part of an investigation into what labor studies professors at state schools in Michigan are saying about the situation in Madison, Wisc., the epicenter of the clashes between unions and Republican-run state governments across the Midwest.

One professor subject to the FOIA described it as anti-union advocates "going after folks they don't agree with."
I'm a firm believer in the Freedom of Information Act, and in open government/open records. But there is also a crushing need for academics to do their work without fear of reprisals. Such protections, including tenure, aim to keep politics -- think the McCarthy era, in which academics, professionals and others were hounded from their occupations by braying condemnations of their political beliefs -- from poisoning academic pursuits. These FOIA requests are nothing more than fishing expeditions that serve no public good, and, in fact, are a detriment because of the chilling effect on academic freedom.

These anti-labor anglers have a legal right to seek the information because these professors are public employees. Pro-labor people have an equal right to ferret out emails by business, economic and political professors, university administrators and others, to see if they, too, have weighed in on the assault on labor from the other side of the argument.

But to do so crosses a moral line. This isn't an act of public enlightenment. It is an act of intimidation. And it should be denounced from the left, right and center. Assuming, of course, that we are indeed a better nation than this. And that we have, indeed, learned from our own ugly past.
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