Tuesday, March 12, 2024
University of New Hampshire Law School fires tenured professor in violation of her First Amendment and academic freedom rights
MOVING TO FRONT FROM MARCH 1--UPDATED
Professor Ann Bartow, an intellectual property scholar and tenured professor, has been fired by the law school at the University of New Hampshire. As the faculty union puts it:
The record is clear. The University of New Hampshire fired Professor Ann Bartow, a long-time tenured professor of law, after years of conflict driven by Professor Bartow’s speech critical of the UNH Law administration. As the University conceded, this speech was unambiguously protected by the First Amendment, New Hampshire law, and bedrock principles of academic freedom. The University’s decision to disregard these protections and fire Professor Bartow represents a grave threat to professors in New Hampshire and elsewhere.
UNH lawprof Roger Ford, who is the union representative, has made all documents available on this website. I am quite familiar with this case: the conduct of UNH, and especially its Dean, is beyond outrageous. (Professor Bartow made only one small mistake [contacting a prospective faculty member, as a courtesy to a friend, who was slated to teach a course she might have taught, to explain that she had filed a grievance against the university about teaching assignment], but it could not possibly justify termination.) The only person, I can see on the record, who should be fired is the Dean. Professor Mark Lemley calls my attention to a petition to boycott UNH if they do not reverse this decision. It has been circulated initially among IP professors, but I would encourage every law professor to sign, as I have. The behavior of the UNH administration is so beyond the pale, that if it stands, many others will be at risk.
UPDATE: Talking to colleagues here and elsewhere, I now realize that if one reads only the arbitrator's decision, one will have a very incomplete picture of what transpired. One needs to read the union's brief to get a real sense for what was going on at UNH. The arbitrator left out quite a lot, to put it mildly. (Link fixed.)
https://leiterlawschool.typepad.com/leiter/2024/03/university-of-new-hampshire-law-school-fires-tenured-professor-inviolation-of-her-first-amendment-an.html