Truth is being silenced by secrecy in government, media consolidation, criminalization of political dissent, and smear campaigns. Education is under assault because it provides access to the historical truths, critical thinking, and alternative perspectives that lay the groundwork for structural change.
In solidarity with Ward Churchill, the WCSN is dedicated to resisting the silencing of political dissent, repression of indigenous struggles and attacks on academic freedom.
In the News:
2010: Resistance and Accountability
With a new year—indeed, new decade—it’s sobering to consider the erosion of human rights and constitutional freedoms we’ve witnessed in the past 10 years.
In waging its so-called war on terror, the U.S. government has eviscerated the most basic provisions of the Constitution as well as international law, and governments around the world have followed its lead.
Secret renditions, indefinite detention, and torture of prisoners; the invasion and occupation of Afghanistan and Iraq, “preemptive” war and drone strikes on civilians; racial profiling and mass deportations have all been deemed acceptable, along with homelessness, hunger, and environmental devastation. Yet President Obama—remember hope and change?—tells us to “look forward,” rather than holding torturers and war criminals to account.
This accountability void makes possible the local and global destruction of lands, lives, cultures and psyches we see around us. Those who violate the most fundamental principles of law get promoted; those who steal the most money get bonuses; those who speak and defend the truth, as they understand it, are silenced.
Mumia Abu-Jamal, source of so many incisive political analyses from death row, faces imminent execution. Lynne Stewart, defense lawyer for the most despised, is now in prison, where prosecutors want to keep her until she’s 80. Leonard Peltier remains in a steel cage after 35 years, despite the admitted lack of evidence against him. The San Francisco 8—not the police officers who tortured them—have again faced criminal charges thrown out of court decades ago. COINTELPRO is alive and well, undermining even the most benign protests.
The intended message is clear: Don’t join a movement for social change. Don’t defend those accused of resistance. You won’t be allowed to speak the truth, so why bother to understand what’s happening?
History demonstrates that resistance is never futile, but how are young people to know that if they aren’t encouraged to think critically? As even the Supreme Court has acknowledged, “academic freedom . . . is of transcendent value to all of us and not merely to the teachers concerned” because freedom of inquiry is “vital” to democracy.
This is why we insist that the University of Colorado be held accountable in Ward Churchill’s case. After a 4-week trial, a Denver jury unanimously found that the CU Regents fired Ward Churchill not for “research misconduct” as they claimed, but in retaliation for speech protected by the First Amendment.
The truth had been revealed, and Ward Churchill should have been reinstated. Instead, Judge Naves tossed the verdict, saying that the Regents are absolutely immune from lawsuit. In other words, they can fire anyone they don’t like, in violation of any constitutional “guarantee,” and there will be no consequences. This is what Ward Churchill is challenging in his appeal. [links coming soon]
Without accountability, rights mean nothing. This is not an abstract or rhetorical struggle, but one that is won (or lost) with each particular instance in which we insist (or fail to demand) that that every official who purports to represent “the people” comply with the rule of law.
ACTA-ing Out: Who's Pulling the Strings at CU?
Churchill v. CU:Appeal Filed
On Aug. 13, 2009, Ward Churchill's attorneys filed a Notice of Appeal in the Colorado Court of Appeals. It contests Judge Naves' vacating of the jury verdict, his refusal to grant reinstatement, and many of his rulings during the trial. A hearing will probably be scheduled in mid-2010.
To proceed with the appeal, Ward Churchill will have pay about $15,000 for the trial transcript. If you can contribute, please click here to donate to the transcript fund. Thank you!
Churchill Attorneys: Judge Naves’ Opinion Vacating Jury Verdict Misrepresented Law and Facts
On April 2, 2009, after a 4-week trial, a Denver jury unanimously found that the University of Colorado had violated the First Amendment by firing Professor Ward Churchill not because of alleged research misconduct, but because of his constitutionally protected speech.
After all this, Denver District Court Judge Larry Naves vacated the jury verdict, holding that the University and the Regents had “quasi-judicial” immunity and should never have been sued in the first place. Just in case that didn’t stick, he also went on to opine that Ward Churchill should neither be reinstated nor receive compensation.
Attorney David Lane has filed a Motion for Reconsideration, the first step in the appeal process. It says:
What’s wrong with Judge Naves’ opinion? Read the full Motion for Reconsideration
None dare call it plagiarism? Compare the judge’s ruling with CU’s pleadings [Exh.1]
What did the jurors really think? Read affidavit of Juror Bethany Newill [Exh.2]
Click here to see the jury verdict form.
Judge Naves Tosses the Jury Verdict; Says the Regents are Immune from Suit
July 7, 2009
On April 2, 2009, after hearing evidence for a month, a Denver jury unanimously found that Ward Churchill had been fired from the University of Colorado not because of research misconduct but in retaliation for speech protected by the First Amendment.
After more than four years of political attacks on Ward Churchill, a clear statement had been made: the University of Colorado had violated the U.S. Constitution when it fired Churchill, a tenured full professor of American Indian Studies.
The normal remedy in such cases? Reinstatement... read more
Click to read Russell Means’ response.
Professors and attorneys urge Judge Naves to reinstate Churchill.
