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Discipline and Viewpoint Discrimination

Posted by Joseph D. Lento | Aug 03, 2022 | 0 Comments

A debate between law professors, published in two Chronicle of Higher Education stories, shows how college and university professors can get blacklisted for unpopular viewpoints. One law professor argues that schools may lawfully mandate professors to submit diversity, equity, and inclusion (DEI) statements and then hire, promote, or reject them for hiring and promotion depending on what their statements reflect, if in some way arguably related to the position's duties. University of California system schools, for one prominent example, mandate the DEI statement requirement. The article appears to admit that officials adhering at these schools to these DEI statement requirements hire and promote only those candidates with their own ideological leanings. Surprise, surprise.

The other law professor argues that requiring candidates for public university positions to adopt a statement that matches the ideological and political viewpoint of the majority of the department chairs and other professors and administrators who control hiring and promotion violates First Amendment rights as viewpoint discrimination. Such viewpoint statements might arguably relate to a diversity and inclusion position but could never truly relate to the core educational duties of economics, engineering, medical, or other professors. DEI statements thus unconstitutionally force candidates for hiring and promotion to violate their free speech and academic freedom rights.

The Impact of Mandated Statements

The above debate may be technical in its nuances, but it is highly important. Colleges and universities already face widespread criticism, and court case reversals, for their attacks on student and employee rights including due process, free speech, and freedom of association. Schools also face criticism for their political and ideological leanings. But the impact of mandated DEI statements and other school attempts to unconstitutionally force speech while winnowing candidates holding minority viewpoints is broader. Viewpoint discrimination costs individuals their jobs, promotions, and job opportunities.

School Discipline Defense Attorney Representation

Fortunately, federal and state civil rights laws, including core due process, equal protection, First Amendment, and other constitutional rights, provide remedies for public school students and employees suffering viewpoint discrimination. Those laws, or other rights and claims arising out of contracts and assurances, can also protect private school students and employees. A highly qualified, skilled, and experienced school discipline defense attorney can help you investigate, evaluate, document, and pursue your case. Invoking your school's administrative procedures may provide you with the relief you need. But attorney representation is also available to invoke oversight channels or pursue regulatory and court complaints.

School Discipline Defense Attorney Available

National school discipline defense attorney Joseph D. Lento and the Lento Law Firm's Student Defense Team are available nationwide for your representation for unlawful firing, demotion, or passover for promotion, or defense of disciplinary charges, relating to viewpoint discrimination. Don't let unlawfully discriminatory treatment ruin your job or education. Attorney Lento and his expert team have successfully represented hundreds of students and school employees at schools across the country. Call 888.535.3686 or go online now to retain attorney Lento.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, is admitted pro hac vice as needed nationwide, and he can help you or your student address any school-related issue or concern anywhere in the United States.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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