University of New Mexico: Censorship of Professor After Joking About Pentagon Attack

Case Materials

• "University of New Mexico," October 24, 2001: University of New Mexico Professor Richard Berthold addressed the terrorist attacks in his morning class on Western Civilization, remarking, "Anyone who can bomb the Pentagon has my vote." He apologized for the statement, claiming that it was stupidly intended to be a joke. Although this state university is bound by the U.S. Constitution, its president, William C. Gordon, announced that he would "vigorously pursue" disciplinary action against Berthold. President Gordon later told Berthold that he had violated University of New Mexico policy by his statement. FIRE has contacted President Gordon and the University's Board of Regents, and is awaiting a reply. If Gordon refuses to recognize the Bill of Rights, FIRE will secure appropriate remedy.
• "FIRE's letter to President Gordon," October 23, 2001
• "Statement from University of New Mexico President William C. Gordon, September 21, 2001," September 21, 2001

Media Coverage

• "The Chill Is Nothing New," Greg Lukianoff, The Chronicle of Higher Education, September 9, 2005: Some would like to imagine that the excesses of "political correctness” are ancient history, but repression in the name of tolerance hasn't gone anywhere. Oppressive speech codes are not only still around—they have actually multiplied, even after numerous court decisions declared them unconstitutional.
• "My Five Minutes of Infamy," Richard Berthold, History News Network, November 25, 2002: Prior to 11 September 2001 I was simply a professor of classical history, popular on the campus but essentially unknown beyond the confines of the second-rate university where I have taught for the last thirty years. Then, on that day, while preparing to leave for an eight o'clock Western Civilization class, I watched in amazement as two airplanes flew into buildings in New York City. A bit later in front of perhaps one hundred students I then uttered the remark that brought me my fifteen minutes of fame – or better, infamy: "Anybody who blows up the Pentagon gets my vote."
• "Richard Berthold's Comment Blunder One of Several Prompting Review of Academic Freedom Policies at Universities," NPR's All Things Considered, September 10, 2002
• "U. New Mexico Prof's Edge Dulled by Controversy," James Barron, University Wire, January 14, 2002
• "Pro or Con War Talk's Risky on Campus," Tom Mashberg, The Boston Herald, December 16, 2001
• "The War on Campus," David Glenn, The Nation, December 3, 2001
• "Radio Interview with Ina Jaffee (Halvorssen)," NPR's Morning Edition, December 3, 2001
• "First: Casualty of War," Harvey Silverglate, The National Law Journal, December 3, 2001
• "Thought Police Spring to Action on the Campus," Jonathan Yardley, The Record, November 26, 2001
• "Black List Draws Fire as US Ideologues Fight Over Patriotic Mantle," Maxim Kniazkov, Agence France Presse, November 24, 2001
• "Ticketing the Campus Thought Police," Jonathan Yardley, The Washington Post, November 12, 2001
• "Stop Funding Campus Anti-Americanism," The Augusta Chronicle, November 2, 2001
• "The Death of Free Speech in Higher Ed," Andrea Neal, The Indianapolis Star, October 31, 2001
• "US University Staff Punished for Voicing Opinions," The Guardian, October 19, 2001
• "College Staff Find Chilling Free Speech Climate," CNN.com, October 13, 2001
• "College Faculty, Staff Find Chilling New Climate for Free Speech on Campus," Arlene Levinson, The Associated Press, October 13, 2001
• "Burpo campaign staffer resigns," Steve Terrell, The Santa Fe New Mexican, October 9, 2001
• "Campus Hawks and Doves Find Speech is Not So Free," Andrea Billups, The Washington Times, October 1, 2001