University of Arkasas Professor Accused of Racism, Bites Back

Apparently, Richard Peltz has been telling his classes that he would give black students an extra point on their final exams if they scored as high as white students. If he wants to rail against affirmative action, that's fine by me. If he wants to complain that some of his friends didn't get into good law schools because unqualified black students took their spots... fine. But when he starts saying things like an extra point for blacks if they can defeat the bell curve and score as high as their white counter-parts, I believe that departs from the realm of free speech and crosses into the territory of termination from his tenured professorship for cause.

Ironically enough, Peltz is the one suing! He's suing some former students. He's suing the W/ Harold Flowers Society, the state's black lawyers association. He's suing everyone he can think of! Certainly, there was some outrage over Peltz's comments. If, in fact, Professor Peltz did outline a scheme under which he would give "an extra point" to black students who did as well as white students on his exams, then he has not doubt clearly violated his responsibilities as a professor and placed the University of Arkansas at risk for lawsuits - by black or white students - alleging a violation of the Equal Protection Clause. Some noted First Amendment scholars have come to Peltz's defense, essentially arguing that whatever Peltz said constitutes free speech.

Stepping back, the posture of this whole case is terribly strange: If Peltz prevails in his case against the students, it will arguably result in a chilling effect on campus speech! Students may be forced to abstain from taking collective action to speak out against professors who have breached their duties to the University and possibly run afoul of their contractual obligations.

I am a staunch supporter of the First Amendment. But this, my friends, is an inappropriate vehicle in which to address First Amendment concerns. Professor Peltz isn't a martyr for the cause of free speech. His case isn't one that deserves anyone's time or energy. He's an idiot who, on the basis of his STUPID blacks get a bonus scheme (ostensibly because of their inherent mental inferiority), set himself up for reprisals and termination. And now he's the one suing, purely to cover his ass. So hats off to you, Professor Klan.. I mean... Peltz.


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