Volokh argued that while a few of the more obnoxious liberal professors would surely be cashiered for their remarks, far more conservatives would be purged in the interests of "balance."
The Posse disagrees with this on two points:
1. Conservatives are already being cashiered. Arguing that things will be worse seems at this point unrealistic. The status quo is indefensible and were faculties to react by finishing off the last vestiges of dissent within the academy, they would be exposed beyond all doubt for what they are.
At present, campus conservatives serve as "tokens" to prove the open-mindedness of their colleagues. Firing them would defeat the purpose of keeping them around.
2. The larger point is that the very words "academic freedom" no longer have any meaning in the traditional sense.
Academic freedom originally was about free scientific inquiry, a necessary precondition for an unbiased and unfettered pursuit of verifiable truth.
It should never be a license to advocate treason, or to shield oneself from the negative consequences of free speech.
There is almost no other occupation where an employee can make such outrageous remarks and be free of any sort of sanction from the employer.
College professors should represent the hightest standard of academic excellence. When idiots like Ward Churchill sound off, they denigrate the scholarly reputation of the institution that employs them.
The institution therefore suffers very real harm. They should be able to fire or otherwise discipline them.
And in fact they can, they simply choose to do it mostly against professors to the right of center.
Faculty may rally around calls for murder on the grounds of academic freedom, but daring to suggest that men are fundamentally different from women (a verifiable truth, by the way - exactly the kind of exploration that should be protected) and they will burn you at the stake.
Thus, given that academic freedom doesn't really exist, why persist with the fiction? It is better for everyone involved if the fig leaf is removed and universities can be held fully accountable for the misdeeds and idiocy of their employees.
As for the remarks themselves, we suggest that Churchill get a pair, rather than collect his hefty salary and urge others to do the dirty work.
The man is a contemptible coward in every sense.