thefire.org

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

University of New Mexico Professor Richard Berthold addressed the terrorist attacks of September 11^th 2001 in his Western Civilization class, remarking, "Anyone who can bomb the Pentagon has my vote." Berthold apologized for the statement, and his speech was protected under the First Amendment, but University of New Mexico President William C. Gordon still nonetheless announced he would "vigorously pursue" disciplinary action. Although FIRE protested and the case drew national media attention, Berthold was found guilty of violating the standards of "professorial responsibility" and was banned from teaching freshman classes for a year, amongst other measures.

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,"
  by Greg Lukianoff, The Chronicle of Higher Education, September 9, 2005
• "My Five Minutes of Infamy,"
  by Richard Berthold, History News Network, November 25, 2002
• "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,"
  by James Barron, University Wire, January 14, 2002
• "Pro or Con War Talk's Risky on Campus,"
  by Tom Mashberg, The Boston Herald, December 16, 2001
• "The War on Campus,"
  by David Glenn, The Nation, December 3, 2001
• "Radio Interview with Ina Jaffee (Halvorssen),"
  NPR's Morning Edition, December 3, 2001
• "First: Casualty of War,"
  by Harvey Silverglate, The National Law Journal, December 3, 2001
• "Thought Police Spring to Action on the Campus,"
  by Jonathan Yardley, The Record, November 26, 2001
• "Black List Draws Fire as US Ideologues Fight Over Patriotic Mantle,"
  by Maxim Kniazkov, Agence France Presse, November 24, 2001
• "Ticketing the Campus Thought Police,"
  by 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,"
  by 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,"
  by Arlene Levinson, The Associated Press, October 13, 2001
• "Burpo campaign staffer resigns,"
  by Steve Terrell, The Santa Fe New Mexican, October 9, 2001
• "Campus Hawks and Doves Find Speech is Not So Free,"
  by Andrea Billups, The Washington Times, October 1, 2001