State University of New York at Fredonia: Professor Punished for Public Expression

Case Materials

• "Victory at SUNY Fredonia: Professor Promoted, No 'Prior Consent Committee' Required," FIRE Press Release, August 14, 2006: In a dramatic turn of events, SUNY Fredonia has promoted the embattled Professor Stephen Kershnar to full professor. In April, SUNY Fredonia shamefully denied Kershnar’s promotion because he had publicly disagreed with the university’s policies and practices. Less than three weeks after FIRE brought this abuse of free speech and academic freedom to public attention, the administration reversed its decision and promoted Kershnar.
• "Promotion Letter from SUNY Fredonia President Dennis L. Hefner to Stephen Kershnar, August 11, 2006," August 11, 2006
• "FIRE in the ‘New York Post’ on Scandal at SUNY Fredonia," August 1, 2006: Today’s issue of the New York Post features an editorial by FIRE President Greg Lukianoff and Vice President Robert Shibley discussing SUNY Fredonia, where the administration recently denied Professor Stephen Kershnar promotion because he publicly opined on university policies and practices. SUNY Fredonia President Dennis Hefner even attempted to require that Kershnar submit all of his written material to a university committee before publishing—an egregious abuse of Kershnar’s academic freedom and free speech rights. As Lukianoff and Shibley wrote, “While free speech too often comes under assault on campuses these days, President Hefner’s brazen attempt to control a professor’s public speech is in a class by itself. Kershnar should get the promotion he merits and Hefner—or anyone else who seeks to use the office of university president to silence opinions they dislike—should be out of a job.”
• "SUNY Fredonia Punishes Professor for Political Expression," FIRE Press Release, July 24, 2006: A professor at SUNY Fredonia has been denied promotion for publicly disagreeing with the university’s student conduct policies and affirmative action practices. SUNY Fredonia’s president later agreed to approve the promotion only if the professor would submit all of his public writings to prior university review. Professor Stephen Kershnar declined the offer and sought help from FIRE.
• "Contract Drafted by Stephen Kershnar," July 21, 2006
• "Contract Drafted by SUNY Fredonia President Dennis L. Hefner," July 21, 2006
• "Letter from SUNY President Dennis L. Hefner to FIRE, July 20, 2006," July 20, 2006
• "Letter from SUNY Fredonia President Dennis L. Hefner to Stephen Kershnar, July 20, 2006," July 20, 2006
• "FIRE Letter to SUNY Fredonia President Dennis L. Hefner, July 7, 2006," July 7, 2006
• "Letter from SUNY Fredonia President Dennis L. Hefner to Stephen Kershnar, April 27, 2006," April 27, 2006
• "Are Conservatives Being Shut Out of the Academy?," February 15, 2006
• "Against Affirmative Action at Fredonia," February 1, 2006
• "E-mail Response from SUNY Fredonia President Dennis Hefner to Stephen Kershnar, April 2, 2005," April 2, 2005
• "E-mail from Stephen Kershnar to SUNY Fredonia Faculty Listserv, April 2, 2005," April 2, 2005
• "Letter from SUNY Fredonia President Dennis L. Hefner to Campus Community, April 1, 2005," April 1, 2005

Media Coverage

• "Dennis the First Amendment Menace," Mike Adams, Townhall.com, September 4, 2006: So he turned to the only organization that defends both left wing professors (like Sammy Al Arian) and right wing professors (like Mike Adams). I am talking, of course, about the Foundation for Individual Rights in Education. And the results of turning to FIRE were predictable. The organization used its media muscle to expose Hefner’s unacceptable conduct and, shortly thereafter, Kershnar was promoted.
• "FIRE hails free speech win for conservative SUNY Fredonia prof," Jim Brown, Agape Press, August 28, 2006: A philosophy professor at the State University of New York at Fredonia, who says he was denied a promotion by the school for expressing conservative views, is now being promoted.
• "Fredonia professor granted promotion," The Observer, August 15, 2006
• "SUNY-Fredonia Denies Promotion to Faculty Member Who Criticized a Rule," The Chronicle of Higher Education, August 4, 2006:  
• "No free speech for SUNY profs?," Greg Lukianoff and Robert Shibley, New York Post, August 1, 2006: SUNY-Fredonia recently denied a promotion to professor Stephen Kershnar explicitly because of his out-of-classroom speech - a violation of his basic free-speech rights.
• "Steve Kershnar of Fredonia’s philosophy department believes denial was due to his beliefs," Michael Rukavina, The Post-Journal, July 31, 2006: A professor at Fredonia State University who was denied a promotion is stirring some controversy.
• "Professor claims criticizing policies cost him a promotion," Jay Rey, Buffalo News, July 28, 2006: A Fredonia State College instructor said he is being denied a promotion for speaking out against campus policies in the media.
• "Prof levels attempted viewpoint censorship charge at SUNY," Jim Brown, Agape Press, July 28, 2006: A professor at the State University of New York-Fredonia is accusing the school of punishing him for expressing conservative viewpoints. Philosophy Professor Stephen Kershnar claims he was denied a promotion to a full professorship after he wrote three opinion articles criticizing the university's affirmative action policy, its student code, and its lack of conservative professors.
• "Prior Restraint on Speech?," Scott Jaschik, Inside Higher Ed, July 26, 2006: The president of the State University of New York at Fredonia offered to promote a faculty member to full professor if he would agree, among other things, to subject any writing or public statements about the institution to prior review for approval.
• "SUNY at Fredonia Denies Promotion to Professor, Citing Public 'Misrepresentation' of Campus Policies," The Chronicle of Higher Education, July 26, 2006:  

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