Criticisms of UCLA Professors:

There's been much written in the last day or so about, a site that criticizes supposedly extreme left-wing UCLA professors, and that "is offering students payments of up to $100 per class to provide information" — especially audiotapes — "on instructors who are 'abusive, one-sided or off-topic' in advocating political ideologies." My colleague Stephen Bainbridge has more.

I've checked out the site, and find many of the criticisms to be quite shallow and unpersuasive. (I should note that I've informally responded to some questions by the site's author in the past, but I doubt that I'd do so in the future, given the pretty low quality of the materials.) I also do think the offering of money to students is a bit unsavory, though I'm not positive how bad it is; much information-gathering, after all, is done by people who get paid, and sometimes get paid in rough correlation to the stuff they unearth. My colleague Jerry Kang points out that tape recording for money might violate a specific California statutory provision; it's an interesting question whether applying the law to tape recordings in this context (which is also far from the context that seems to have animated the enactment of the law) would be an unconstitutional burden on information gathering.

Nonetheless, I do think we need to put all this in perspective. My colleagues and I are public servants. We have a certain degree of influence over public affairs, both through our public commentary and through our teaching. Others disagree with us, and think we're doing a public disservice rather than a public service. They're entitled to criticize us, and to monitor our public performance of our duties to see whether that performance is, in their view, lacking. I try to imagine what I would think if someone from the Left set up a site to criticize Prof. Bainbridge, me, and my (rather few) conservative colleagues, and to solicit concrete evidence of our supposed misdeeds; I would like to think that I would recognize that this was their right, both legally and ethically.

Now it's true that this may have a "chilling effect" in the sense of deterring some people from saying controversial things, in class or outside it. But all criticism has such an effect; much criticism is intended to have such an effect. It's even good when criticism has such a deterrent effect, for instance when it deters us from saying foolish or unsound things. If you criticize my posts, my articles, or my lectures, and I recognize that your criticism is apt — that my lectures were too partisan, or that my arguments were unsound — then I may well change what I say. That's criticism performing its proper function.

And if I think your criticism is unsound, my duty is to remain undeterred. It's not always an easy duty to fulfill. But look: Most of my colleagues have tenure. Even our untenured colleagues have the protection of being reviewed by their peers, and peers who are generally unlikely to much sympathize with what the site says. We're in a much better position than other public servants, who routinely have to deal with criticism. If we're not robust enough to resist unsound criticisms — if we're deterred from saying certain things even when we think they should be said — what's the point of all the employment protections we have?

If people are criticizing us unfairly, we should fault them for that. (Stephen Bainbridge does so, for instance.) But labeling this (as one professor quoted here did) "a reactionary form of McCarthyism" strikes me as no more sound or effective than the pejoratives that sometimes uses itself. As Prof. Bainbridge points out, "If you can't tell the difference between the abuse of position by a United States Senator backed by the coercive power of the state and the exercise of free speech by a bunch of disgruntled alumni, well...."

UPDATE: Stephen Bainbridge writes more about the power of technology, and closes with this:

Getting feedback from the proletariat is always unsettling for authority figures . . . . The initial and, perhaps natural, reaction is to decry it as McCarthyism and a danger and so on.

Upon mature reflection, however, we have to realize that the world has changed. Those over whom we have authority now have at their disposal technology that gives them a very loud megaphone. Very public criticism has become the lot of all authority figures, including those within the ivory tower.

Much of that criticism will be unfair, uninformed, or just plain dumb. Isn't it Sturgeon's Law that says 90% of everything is crap? But so what? As my friend and colleague Eugene Volokh notes [quote of the "if I think your criticism is unsound, my duty is to remain undeterred" paragraph omitted -EV].

Precisely. And so I say to my colleagues: Welcome to the 21st Century. It's going to be a very bumpy ride.

Related Posts (on one page):

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  2. Criticisms of UCLA Professors:
Hot News Just In!

Here's an example of why I think the site is often shallow and unpersuasive, though as I note below I think some of the "those McCarthyites" criticisms of it are unpersuasive, too. From the front page of the site:

There's Something About Petitions

Given the vast number of radical petitions UCLA professors have signed in recent years, much of our university's faculty apparently follows a variation of Descartes' famous statement, Cogito, ergo sum (I think therefore I am): Signo, ergo sum, (I sign, therefore I am).

Preliminary research has uncovered nearly 500 faculty signatures on petitions, open letters and public statements which take a wide variety of radical positions: anti-Israel, anti-Bush, anti-war. The list also demonstrates that a large number of UCLA professors are ardently in favor of affirmative action, and just as ardently opposed to conservative legal nominees, even opposing fellow alumni like Justice Janice Rogers Brown.

Various faculty profiles that I saw on the site also stress those petitions.


1. The irrelevant data: Nearly 500 signatures (not 500 separate faculty members, but 500 signatures) on various petitions. And this matters because . . .?

2. More irrelevant data: "A large number of UCLA professors are ardently in favor of affirmative action, and just as ardently opposed to conservative legal nominees." So? In a faculty of thousands, of course there'd be a large number of UCLA professors ardently in favor of affirmative action. They're entitled to hold such views; why is it that important that they do hold such views? It doesn't show that the faculty is disproportionately left-wing. (It may well be, and certainly is in many departments, but we know that from other sources. That "a large number of UCLA professors" supports affirmative action is not evidence of that, given what a small fraction of UCLA professors must be in their petition signatories dataset.)

3. The putdown that's really a compliment: "... even opposing fellow alumni like Justice Janice Rogers Brown." Jeez, school spirit is all well and good, but it's hardly a sign of poor character that some people don't let their public policy judgment be swayed by school loyalty.

4. The exaggerated rhetoric: "[R]adical positions: anti-Israel, anti-Bush, anti-war" -- since when was being anti-Bush, a view that roughly half (if not more) of the population takes a "radical position"? Likewise as to opposition to the war or opposition to Israel. Now there are surely radical versions of those positions, and doubtless some of my colleagues hold them. But simply labeling "anti-Israel, anti-Bush, anti-war" as "radical positions," with no explanation of what's radical about them, is a self-caricature of conservatism.

As I've said before, it's perfectly legitimate to criticize professors. People even have the First Amendment right to do so unfairly, shallowly, and exaggeratedly. But such weakly reasoned criticism is hardly laudable -- and, I think, it usually (and especially in this instance) is likely to be counterproductive.

Related Posts (on one page):

  1. Hot News Just In!
  2. Criticisms of UCLA Professors: