Academic Freedom in New York

New York Assemblyman Ronald Canestrari (106th Assembly District) recently became head of the Assembly Higher Education Committee, and he is sponsoring a bill that would deny the public from using the Freedom of Information Law to access the books, films, and other materials used in college classrooms. Actually he inherited the bill--as it had been around for about seven years, but he supports it. There is considerable doubt that the bill will get out of committee, but if you would like to express your views on the subject, the email address of Mr. Canestrari is canestr@assembly.state.ny.us

Resources:

• Summary and text of NY Assembly Bill 6387 can be read here.
• Associated Press article, "Secretetive SUNY? Bill would deny access to sources" via The Ithaca Journal can be read here.
• Editorial in The Times Union, "Wrong Mr. Canestrari" can be read here.
• Article in The Times Union, "Canestrari draws a line in shaky sand" can be read here.

Editorial
Page: A12
Date: Thursday, May 29, 2003
(Reprinted with permission.)

WRONG, MR. CANESTRARI
Weakening the Freedom of Information Law is no way to protect academic freedom

And now the post-Sept. 11 world stands clearly upside down. For here we are, parting company with the normally levelheaded Assemblyman Ronald Canestrari, D-Cohoes. Opposing him, that is, and siding instead with our frequent adversary in the New York academic community, Candace de Russy.

The reason for such a political sea change is as simple as it is disconcerting. Mr. Canestrari wants to put what is taught in the classrooms of public colleges outside the reach of the state's Freedom of Information Law. He's concerned, apparently, about excessive and meddlesome scrutiny of college instruction and the unhealthy atmosphere that could create.

Public access to reading lists, films shown in various college courses and other teaching materials and resources might indeed have professors thinking twice before exposing students to certain ideas and subject matters. The country does show signs, in the period after the 2001 terrorist attacks, of reduced tolerance for thinking that falls outside the safety of the political mainstream.

The legislation that Mr. Canestrari, chairman of the Assembly Higher Education Committee, is pushing doesn't fix any of that, though. A law declaring that the Freedom of Information Law no longer applies in college classrooms would be farcical, frankly, the equivalent of destroying the spirit of academic freedom in order to save the letter of it.

Ms. de Russy, a State University trustee, sees this for what it truly is. She says, and eloquently so, "The public clearly has a right to know what their tax dollars are used for in the area of education. Academic freedom is not a license to operate in secret."

Mr. Canestrari says he's open to making revisions to his proposal. That's encouraging. He might start, then, by scrapping it altogether. Here's hoping the Legislature rejects Mr. Canestrari's bill if he doesn't, just as the Assembly wisely fought off Governor Pataki's efforts to substantially water down the Freedom of Information Law last year. Even if Mr. Canestrari's bill did pass, though, the state Court of Appeals wouldn't be likely to look upon it favorably. The court ruled 10 years ago that Nassau County Community College on Long Island couldn't stop nonstudents from seeing the film "Sexual Intercourse," which was being shown in a human sexuality course.

The same vigilance, exercised in the interest of an informed public, is just as essential now, as a misguided piece of legislation begins to make its way through the state Legislature.

Right, Ms. de Russy?

Author: William M. Dowd
Date: Tuesday, June 3, 2003
(Reprinted with permission.)

CANESTRARI DRAWS A LINE IN SHAKY SAND

Interested in what your son or daughter is studying in college? That's understandable for concerned parents footing the tuition bills.

Of course, if you don't have a kid in a public college in New York but still want to know what your tax dollars are supporting, Ron Canestrari would like to make it more difficult for you to find out.

The deputy Assembly majority leader from Cohoes is sponsoring a bill that would deny you and anyone else direct access -- which you now have through the state Freedom of Information Law -- to information on books, films and other classroom resources.

"It's a statement of principle," said the Democrat, who recently became head of the Assembly Higher Education Committee. "I inherited the bill -- it's been around for seven years -- but I'm in favor of it."

Why?

"It preserves the right of the professors to teach. As long as their course material is OK with their deans and other college officials, they shouldn't have to be scrutinized."

Those who support Canestrari's view have declared this topic a matter of protecting "academic freedom," that buzz phrase that has become an all-purpose excuse for secrecy any time someone has the temerity to question the education industry.

What they have failed to do convincingly is explain how someone asking what materials are being used in a class at Hudson Valley Community College, the University at Albany or any one numerous other public schools interferes with the educational process.

True, there are people who might object to certain books, tapes or other materials. But, so what? This is supposed to be a society that encourages debate and discussion. No one deserves exemption from public scrutiny -- even if the debate gets uncomfortable -- when they voluntarily accept a job for which they are paid by the public to work in a publicly-supported institution.

The Freedom of Information Law was put in place precisely to avoid unnecessary layers of secrecy. A decade ago the state Court of Appeals reaffirmed that classroom materials are public records.

Asked for elaboration on why, in the face of this, he nevertheless is taking such a public stand on a bill even he says "is not expected to pass," Canestrari repeats his "statement of principle" reasoning.

Well, is this stance indicative of the sort of viewpoint we'll now see from the Assembly Higher Education Committee? Is there a particular philosophy?

"It varies by each bill," he says. "Each will be judged on its own merits."

Until Canestrari piles up more of a track record in this new committee position, we have only his current effort to judge by.

There are those who think it's an easy way to curry favor with United University Professions, the union that represents SUNY teachers, which is all in favor of shutting off such public access.

The more cynical among us might be wondering if other things are afoot. Not necessarily with Canestrari, but by others who prefer to shut out the public.

Perhaps such secrecy would be a way to mask potentially controversial practices or questionable subject matter by making it very difficult for the public to examine the support materials.

Perhaps it would be a way to quietly give preferential treatment to friends trying to sell, or continuing to sell, certain classroom materials to our colleges.

Harsh suspicions? Maybe, but when things are done in secret the public can only guess at what's going on behind the doors slammed in its collective face.

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William M. Dowd is the associate editor of the Times Union in Albany, NY. His e-mail address is wdowd@timesunion.com.