FAIR News: Advancing Freedom of Expression on Campus

Newsletter

Dear Friends of FAIR,

In July 2020, Timothy Jackson, a professor and scholar of music theory at the University of North Texas (UNT), published an article about Heinrich Schenker, an Austrian Jew who developed a system of music theory that became widely influential after World War II. He wrote the article in response to another professor’s claim that “Schenkerian theory is an institutionalized racial structure . . . that exists to benefit members of the dominant white race of music theory” and that music theory suffers from “deep-seated whiteness.”

Professor Jackson has dedicated much of his 40-year career to studying Schenker, and at the time he served as director of the UNT Center for Schenkerian Studies. He published his article in the Journal of Schenkerian Studies, an academic journal that he had founded at UNT, as part of a special symposium issue that also included articles from authors critical of Schenker. The publication of Jackson’s article, which contended that Schenker’s theory was based on the premise that “music is accessible to all races and creeds alike,” was met by a vocal social-media mob.

The Executive Board of the Society for Music Theory issued a letter accusing Professor Jackson of, “…fail[ing] to meet the ethical, professional, and scholarly standards of our discipline.” Graduate students at UNT circulated a Student Statement condemning Jackson, and calling for his potential removal for “racist and unacceptable” views and actions. A majority of Jackson’s colleagues signed a letter endorsing the Student Statement, some apparently without reading it, and the University’s Provost convened a special “ad hoc panel” to investigate Jackson. After a cursory investigation, the University of North Texas accused Jackson of “editorial mismanagement.” His department chair tried to force him to step down from his position at the Journal, and he was treated as a pariah by students and faculty on campus.

In a lawsuit funded and supported by FAIR, Timothy Jackson sued to defend his constitutional right to freedom of speech. In a preliminary ruling, the court rejected arguments by UNT that he should not be allowed to sue, that the University had done nothing wrong, and that the University could do whatever it liked with the Journal of Schenkerian Studies, including putting it “on ice,” as the Texas Attorney General argued. The judge’s 20-page decision categorically rejected UNT’s arguments:

…This case stems from the suppression of academic scholarship at the University of North Texas (“UNT”). UNT is a public institution that hales itself as an academy through which students and faculty may, among other things, “publish . . . and/or display their scholarship freely as appropriate to their respective UNT-assigned roles and responsibilities” (Dkt. #1 Exhibit V at p. 18). But as the Plaintiff in this matter is now aware, pressures from offended constituents can overshadow promises of academic freedom.

…Plaintiff has established a cognizable injury. Plaintiff has been de facto removed from the Journal he founded and therefore cannot engage in the speech he wishes to express…The harm from which Plaintiff continues to suffer constitutes, at a minimum, chilled speech. Specifically, Plaintiff can no longer publish scholarship in the Journal that he considers a trademark of his life's work, and if he took action to publish the work that is currently “on ice,” he would face negative consequences imposed by UNT officials.

…this Court finds it plausible that Plaintiff's interest in his speech outweighs Defendants' interests in regulating it. For the foregoing reasons, this Court finds Plaintiff has successfully shown a plausible First Amendment violation-for either retaliation or for the unconstitutional stifling of speech-under § 1983.

…For the foregoing reasons, the Court orders that Defendants' Motion to Dismiss (Dkt. #8) is hereby DENIED.

The full decision is available here.

UNT has now appealed to the Fifth Federal Circuit Court of Appeals. This case will set standards for academic freedom and freedom of speech in the realm of the arts and humanities, not only in the state of Texas but throughout the Fifth Circuit, and perhaps the whole United States.

I am grateful for our legal team’s work, along with FAIR Network Attorney Michael Allen, and Jonathan Mitchell, to uphold Timothy Jackson’s inalienable right to express his opinions and remain free from academic interference. His case has the potential to set an important precedent in support of FAIR’s mission of advancing civil rights and liberties for all Americans, and promoting a common culture based on fairness, understanding and humanity.

An education that helps to cultivate a society of free thinkers requires exposure to a multitude of ideas that are sometimes in conflict with each other. In the era of social media, the greatest risk to academic freedom often comes not from the government, but from angry absolutists and fearful institutional leaders who seek to suppress opposing views. We are standing up for Timothy Jackson because, without freedom of speech, we are robbed of our right to hear diverse perspectives and make informed decisions. In the words of Frederick Douglass, “To suppress free speech is a double wrong. It violates the rights of the hearer as well as those of the speaker.”

Please join me in supporting Timothy Jackson, and other courageous individuals who are standing up for the universal and unifying values of fairness, understanding, and our common humanity.

Yours,
Bion

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Bion Bartning
bion@fairforall.org

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December Screenings of The Unredacted

Having been one of the first organizations to platform this film following the activist campaign attempting to censor it, FAIR in the Arts is proud to continue supporting Meg Smaker. Together, Smaker and FAIR are standing up for free expression and the ability to tell important and powerful stories through the arts.

From December 9th-15th, Laemmle Theater in Santa Monica, CA will be screening Meg Smaker's film The UnRedacted with live Q&A sessions featuring Smaker. Tickets go on sale December 6th. Read more about Smaker's story from Sharon Waxman (for The Wrap): Canceled ‘Jihad Rehab’ Filmmaker Finds Vindication – and Now She Wants an Oscar Nom.

Tuesday, December 13th at 7:30pm, Malibu Film Society Screening at Regency Agoura Hills Stadium. Tickets are FREE, no RSVP required!

Rights and Responsibilities: A Symposium for School Board Members

The importance of school boards has come to the forefront in recent years. Join us at the Great Wolf Lodge in the Wisconsin Dells from the evening of Thursday, December 15th to Saturday, December 17th to learn more about your rights and responsibilities as a board member, and how to approach your local community leadership position using FAIR’s principles of fairness, understanding, and humanity.

Presenters include FAIR Advisors Robert Pondiscio, Adam Seagrave, and Zander Keig, along with Cory Brewer, Jennifer Meinhardt, and FAIR Action Fellow Tanya Simons.

Registration is FREE and open to all!

HOW TO RUN FOR SCHOOL BOARD | JANUARY 30-FEBRUARY 2, 2023

You care about your kids and your community, we get it! So do we. Join FAIR in partnership with the Grassroots Leadership Academy for a 4-session, training experience to empower you to roll up your sleeves and run for school board (or effectively organize your community for someone you want to run for school board). This training experience is four, 90 minute sessions over four days, 6:00 p.m. - 7:30 p.m. ET each day. This training is great for those of you who want to run and your core supporters alike. Together you will learn in:

Session 1 on January 30 – How to become the candidate and set yourself up for success

Session 2 on January 31 – How to communicate your why and connect with the whys of those in your district

Session 3 on February 1 – How to create a messaging plan and stay on message no matter what

Session 4 on February 2 – How to talk to voters and raise money

FAIR Summer Internship Program

Applications are now open for our full-time summer internship program for highly motivated and open-minded undergraduate students.

Ideal candidates value curiosity, compassion, and courage, have excellent communication and leadership skills, and show a passion for FAIR’s pro-human values and vision. This internship provides students with real-world experience in a nonpartisan, dynamic, and mission-driven organization, while also empowering students to become ambassadors for FAIR’s mission. See what Summer 2022 Interns have to say about their experience below.

The internship is fully remote, except for an in-person orientation during the first week of the internship. Over the course of the internship, interns attend weekly all-hands meetings and work with a specific team to assist with new and ongoing projects. As a cohort, interns attend lunch & learns and seminars with thought leaders who promote our pro-human mission. Interns are expected to return to campus with a plan for bringing FAIR’s mission and approach to their respective colleges and universities.

Clinical Guide for Therapists Working With Gender Questioning Youth

GETA's Clinical Guide was written by therapists who have worked extensively with LGBT clients. GETA believes that a psychological approach should be the first line of treatment for psychological distress. Our guide offers an alternative to a gender affirming approach, putting forth an accessible, practical framework for clinicians. There is a need for therapists who validate the client as a whole person and who can facilitate an open-ended exploration rather than applying a one-size-fits-all treatment model. Many clinicians want to offer this type of therapeutic process, but may need guidance in how to achieve this stance amidst the contentious landscape. GETA's Clinical Guide is rooted in established and evidence-based psychotherapeutic traditions.

This webinar will provide a brief overview to the Clinical Guide and we’ll offer case examples and a discussion on working through common issues that arise in therapy with gender-questioning youth. Since this will be a webinar format, your attendance at this event will be anonymous.

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FAIR Perspectives Podcast

This week on Fair Perspectives, we speak with Greg Thomas. Greg is a writer, teacher, entrepreneur, and CEO of the Jazz Leadership Project, which uses a creative methodology to frame leadership and team development through the lens of jazz. Greg has written about culture, race, and democratic life in publications ranging from the Village Voice, Integral Life, New Republic, Salon, UPTOWN, The Root, the Guardian Observer, and the New York Daily News—as jazz columnist. We discuss jazz and its ability to serve as a foundation for learning leadership and connection, the power and importance of art and storytelling in our culture, race and the idea of transcending race in our society and personal lives, Greg’s use of the term “Black American” and the tensions of trying to adopt it without racialization, whether “American” is an ethnicity, how to disentangle culture and ethnicity from race, and more.

FAIR News Podcast

For audio versions of our FAIR News and FAIR Weekly Roundup newsletters, subscribe and listen to FAIR News Weekly on Apple Podcasts, Spotify, Google Podcasts, or via RSS feed.

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FAIR Pro-Human Tour: Occidental College

Featuring Daryl Davis, Winston Marshall, Bion Bartning, Kimi Katiti, Salomé Sibonex, Bertrand Cooper, and John Wood Jr.!

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Join the Pro-Human Movement With FAIR Merch!

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FAIR Educators Alliance & Administrators Alliance Happy Hours

Teachers often feel isolated and alone in their schools, but FAIR is here for you! The FAIR Educators Alliance brings together educators from all levels to share experiences and concerns and work on developing resources that can support teachers, community members, and FAIR chapters.

FAIR’s Educator’s Alliance is hosting an informal happy hour every other Thursday evening, alternating between beginning at 7:00 p.m. and 8:00 p.m. ET, and will hold more formal monthly meetings that will address issues based on your interests and needs.

If you’re a K-12 school administrator, we’re here to support you too! You’re invited to join the FAIR Administrators Alliance, which holds meetings the last Thursday of every month at 1:00 p.m. ET!

All teachers and administrators are welcome! For more information and to subscribe to the calendar, reach out to educators@fairforall.org.

Calling all FAIR Member Librarians and Library Staff! FAIR has established a network for members to connect and discuss key issues affecting their profession, advance pro-human principles, and preserve academic freedoms in library systems. The group meets biweekly.

Please contact tanya.simons@fairforall.org if you are interested in joining!

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Join the FAIR Community

Become a FAIR volunteer or join a FAIR chapter:

Join a Welcome to FAIR Zoom information session to learn more about our mission, or watch a previously recorded session in the Members section of www.fairforall.org.

• Take the Pro-Human Pledge and help promote a common culture based on fairness, understanding, and humanity.

• Join the FAIR community to connect and share information with other members.

• Share your reviews and incident reports on our FAIR Transparency website.

• View our FAIRstory Learning Standards.