|
Dear Mr. Edley,
The defense of Professor Yoo on the basis of academic freedom does not apply in this particular case. While the institution of academic freedom is in place to protect professors and students from reprisals for holding and furthering controversial ideas, it does not protect them from furthering illegal activity or gross professional misconduct.
Let us ponder the example of a professor of Accounting. If they advised a corporation on how to perform some gross act of financial misconduct, even if they were not legally culpable, I would venture to say that they would not long be employed in academia. The same applies in this case. Professor Yoo advised the administration on how to commit violations of international treaties that hold as much standing as law in this country as any other legal institution.
To be clear, this is not as though a professor from your esteemed Economics advised a government, state or federal, on a flawed tax plan. That would be a "bad idea" and certainly would not merit professional sanction. It might well damage their reputation and by extension the reputation of the University, but still it would not merit their dismissal.
Professor Yoo, on the other hand, has done far more than simply offer a "bad idea". He has argued for what could be considered, by a fairly broad body of consensus, illegal activities. Beyond that, the activities are also morally reprehensible and have led to very real outcomes. This is not as though a professor is protecting the Nazis' right to free speech, which is controversial, but not worthy of dismissal as they are protecting the rights of all of us in doing so. Further, other than the fact that no illegality is being protected, there is no tangible damage. Professor Yoo has provided the cover for illegal activity that has done significant real damage to both individuals and the rule of law more broadly.
While Professor Yoo may well not be legally liable, he did advise the Administration on activity that undermines international treaties that we are to hold as sacred as our very own laws. This constitutes grave professional misconduct and it undermines the very rule of law he claims to teach. His ideas are not simply controversial, but have provided the basis for illegal activity. As such, he has forfeited his professional protections and should be dismissed from the School of Law.
Sincerely, Brian D. Quinn
|