Tag Archives: Stuart Taylor

Duke Goes After a Critic in the Lacrosse Case

Six years ago, Duke University suffered a high-profile humiliation from which it is still struggling to recover. Students on Duke’s lacrosse team were accused of a brutal sexual assault on a local stripper who had been hired to perform at a party.

The charges were false. But in the interval between the initial headlines and the students’ eventual vindication, credulous faculty and others in the university community applied a presumption of guilt, denouncing the students as rapists.

A university steeped in traditions of free speech and the pursuit of truth was exposed as blinded by its own dogma, unwilling to acknowledge inconvenient facts that undercut the credibility of the students’ accuser, and indifferent to the students’ civil liberties.

Given this sordid history, one would expect Duke to be taking steps to demonstrate its renewed commitment to due process and first amendment principles. On the contrary, the university, which has been sued by the former lacrosse team players and their parents, recently served a subpoena on Robert “KC” Johnson, an outspoken critic of Duke’s handling of the (non-)rape scandal and co-author of the leading book on the subject.

Johnson, a professor at Brooklyn College and the City University of New York, is co-author (with journalist and legal scholar Stuart Taylor) of “Until Proven Innocent: Political Correctness and the Shameful Injustice of the Duke Lacrosse Rape Case.” (Disclosure: Taylor is a friend of mine). Duke’s subpoena demands Johnson’s disclosure of confidential information he received from sources for the book, including the former Duke students and their lawyers.

Duke’s subpoena, which is being contested in federal district court in Maine, is an offense to journalistic independence and academic freedom. Historians and journalists can’t perform their truth-telling function if their sources have reason to fear that their role, and the information they agree to provide, will later be exposed and scrutinized in court.

This is obviously true if the sources’ identity or information are confidential. This is also true in the fairly common situation in which a source, although named in a book as a source for one statement or fact, provides additional information to the authors, on a confidential basis, for still other statements or facts that are published unattributed. The process of conducting original research for a journalistic or historical work is crippled if lawyers are free to depose authors about these matters.

The legal privilege protecting the work of historians and journalists is not absolute, to be sure. The university’s claim to the subpoenaed information would be more convincing if Duke had exhausted all alternative sources and the information were truly essential to its ability to defend itself in litigation. But Duke hasn’t come close to meeting these standards.

Duke’s leaders should think hard about how much the school is willing to lose. If they insist on enforcing their subpoena, what will they say the next time a Duke professor receives an intrusive court order to turn over confidential research or communications?

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Peter Scheer is executive director of the First Amendment Coalition, a nonprofit organization based in California. This article does not necessarily reflect the views of the Coalitions Board of Directors.

Why Size Matters in College Preferences

mismatch.jpg

By Stuart Taylor, Jr. and Richard Sander

Even for people who approve in
principle of some use of racial preferences in university admissions — notably
including Justice Anthony Kennedy — the size of the preferences, and of the
resulting racial gaps in academic performance in college and beyond, should
matter a great deal.
 

So it’s unfortunate (though
understandable, as explained below) that the size of the preferences at issue
in Fisher v. University of Texas was
not mentioned either during the Supreme Court’s October 10 oral argument or at
any other point in the discrimination lawsuit against UT by Abigail Fisher, a
disappointed white applicant.

But the Court could and should use
the
Fisher case to impose a
requirement — suggested in our new book,
Mismatch
— that from now on, a university’s burden of proving justification for its use
of racial preferences will include a requirement that it fully disclose the
size of its preferences (preferably including legacy and athletic preferences)
and of the mean gaps in college academic performance among students admitted on
the basis of preferences of various sizes.

Continue reading Why Size Matters in College Preferences

Where Are The News Media?

Stuart Taylor’s brilliant rant in this week’s National Journal (“Academia’s Pervasive PC Rot”) says “the cancerous spread of ideologically eccentric, intellectually shoddy, phony-diversity-obsessed fanaticism among university faculties and administrators is far, far worse and more inexorable than most alumni, parents, and trustees suspect.”

There’s an obvious explanation of why so many university watchers don’t seem to know what’s going on: the news media are extremely reluctant to report on what the increasingly coercive diversity lobby is doing to the campuses.

The brainwashing and indoctrination at the University of Delaware (and anyone who has read the voluminous documents in the case knows that use of these words is surely fair) has been pervasively reported on conservative blogs and right-wing radio. But the left has been silent and the mainstream media have almost universally avoided telling alumni, parents and trustees what is going on. Only a few news outlets covered the story. The Wilmington News Journal ran a piece headlined “Some Made Uneasy by UD Diversity Training”, thus reducing indoctrination to discomfort. The Philadelphia Inquirer ran a similarly soft report that used the headline word “unsettled” instead of “uneasy.” The story’s lead: “When University of Delaware freshmen showed up at their dorms this semester, their orientation included an exercise aimed at bridging cultural

Continue reading Where Are The News Media?

MTC’s Website Launch Party

Minding The Campus celebrated its public launch yesterday evening here in New York with a cocktail reception featuring Stuart Taylor and KC Johnson. John Leo introduced our project, followed by KC and Stuart’s lively remarks about their excellent new book Until Proven Innocent. Each detailed the lunacy of the Duke case – the professors’ lockstep assumption of guilt, the Group of 88’s repulsive antics, the administration’s easy acquiescence, and the general disregard for due process displayed.
To leave you with something you didn’t know – in conversation afterwards, KC made the interesting point that only two senators made public statements calling for due process in the case – Robert Menendez (Reade Seligman, one of the accused, was a constituent) and Barack Obama.