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University of California at Los Angeles: Non-Reappointment of Controversial Professor

University of California, Los Angeles (UCLA) refused to reappoint an environmental health sciences professor, stating that his controversial research failed to accord with the department's "mission." Dr. James Enstrom engaged in successful whistleblowing against a prominent member of the department, and there had been many years of debate between Enstrom and some of his colleagues over research on air pollution. After FIRE intervened, Enstrom was given a reprieve while his appeals continued. Enstrom filed a lawsuit against UCLA in June 2012, assisted by the American Center for Law and Justice. The case is currently before a federal district court. 

Case Materials

• "Order in Enstrom v. Regents of the University of California, et al. Granting in Part and Denying in Part Defendants' Motion to Dismiss," March 18, 2013
• "Letter to UCLA Academic Senate, June 20, 2012," July 3, 2012
• "Whistleblowing Scientist Who Challenged Environmental Regulation Sues UCLA," June 14, 2012: After 35 years at the University of California, Los Angeles, Dr. James E. Enstrom is suing UCLA to keep his job. Following many years of disagreement over research on air pollution and its implications for environmental regulations, UCLA finally refused to reappoint Enstrom after he engaged in successful whistleblowing against a member of the department. When UCLA told Enstrom he was being let go because his research failed to accord with the department's "mission," Enstrom turned to FIRE for help.
• "Complaint filed in U.S. District Court, Central District of California by James Enstrom against University of California, Los Angeles, June 13, 2012," June 13, 2012
• "Letter to James Enstrom from Senate Committee on Academic Freedom Chair David B. Teplow, June 4, 2012," June 4, 2012
• "Letter from FIRE to UCLA School of Public Health Dean Search Committee, January 3, 2012," January 3, 2012
• "Email from University of Massachusetts Amherst Professor Edward J. Calabrese to Richard Jackson, August 8, 2011," August 8, 2011
• "Letter from UCLA Academic Freedom Committee to UCLA Chancellor Gene Block, April 15, 2011," April 15, 2011
• "Whistleblowing UCLA Scientist Fights for His Job in Hearing Today," April 4, 2011: Hearings for University of California, Los Angeles (UCLA) professor and scientist James Enstrom begin today. Dr. Enstrom is fighting for his job after UCLA retaliated against him for his exposure of a California Air Resources Board (CARB) scientist with a fake Ph.D. as well as other staffing irregularities, and for Enstrom's scientific critique of findings by CARB that were used for air pollution regulation in the state. Last week, Reason.tv released a video about the implications of a professor being punished for claiming that his state's environmental policy relies on questionable science, and 12 California legislators wrote UCLA Chancellor Gene Block to express concern about academic freedom in the University of California system. FIRE is helping Enstrom defend his job.
• "FIRE's Adam Kissel Discusses Case of Whistleblowing UCLA Professor with 'Reason.tv'," March 31, 2011: A new video from Reason.tv discusses the case of University of California, Los Angeles (UCLA) Professor James Enstrom, who is facing retaliation from UCLA after publishing politically inconvenient research about air pollution and leading a successful whistleblowing campaign against the California Air Resources Board. Enstrom, who has been denied reappointment by UCLA's School of Environmental Health Sciences after 34 years, offers his personal perspective on the case, while FIRE Vice President of Programs Adam Kissel discusses UCLA's attack on Enstrom's academic freedom. The video also exposes UCLA's shifting justifications for denying Enstrom's reappointment and the fragile nature of academic freedom in the scientific community.
• "Letter from Chief Republican Whip Dan Logue to UCLA Chancellor Gene D. Block and Provost Scott Waugh, March 29, 2011," March 29, 2011
• "Letter from Associate Dean for Academic Programs Hilary Godwin to Professor James Enstrom, January 28, 2011," January 28, 2011
• "E-mail from Richard J. Jackson to James E. Enstrom, January 3, 2011," January 3, 2011
• "Letter to FIRE from UCLA Chancellor Gene D. Block, September 17, 2010," September 17, 2010
• "In Reversal, UCLA Temporarily Halts Retaliation Against Whistleblowing Professor ," September 2, 2010: The University of California, Los Angeles (UCLA) has temporarily halted its violations of the free expression rights of an environmental health sciences professor. The faculty of Dr. James Enstrom’s department refused to reappoint him after Enstrom engaged in successful whistleblowing against a member of the department—and after many years of disagreement between Enstrom and some of his colleagues over research on air pollution. After UCLA told Enstrom he was being let go because his controversial research failed to accord with the department’s “mission,” Enstrom turned to the Foundation for Individual Rights in Education (FIRE) for help.
• "FIRE Letter to UCLA Chancellor Gene D. Block, August 26, 2010," August 26, 2010
• "Emails concerning James Enstrom, August and September 2010," August 19, 2010
• "Letter from Third District Assemblymember Dan Logue to UCLA Chancellor Gene D. Block and Provost Scott Waugh, August 16, 2010," August 16, 2010
• "Letter from Hilary Godwin to James Enstrom, July 29, 2010," July 29, 2010
• "Professor James Enstrom directory listings, 1998-2010," July 1, 2010
• "Letter from Richard Jackson to James Enstrom, June 9, 2010," June 9, 2010
• "E-mail from Environmental Health Sciences Chair Richard Jackson to Dr. James Enstrom, February 10, 2010," February 10, 2010
• "E-mail from Dr. James Enstrom to Environmental Health Sciences Chair Richard Jackson, February 9, 2010," February 9, 2010
• "Pacific Legal Foundation Lawsuit Press Release, June 18, 2009," June 18, 2009
• "Notice of Adverse Action to Hien T. Tran, April 9, 2009," April 9, 2009
• "UCLA Environmental Health Sciences Department Mission, 2008," December 31, 2008
• "Environmental Health Sciences Department Faculty-Staff Directories, 2005 and 2006," April 26, 2006
• "E-mail from UCLA Dean Linda Rosenstock to Associate Resident Professor James E. Enstrom, April 1, 2004," April 1, 2004

Blog Entries

• "Encouraging Ruling in Whistleblowing Scientist’s Suit Against UCLA," by William Creeley, March 26, 2013: After 35 years of employment, Dr. James E. Enstrom filed a federal lawsuit in June 2012 against various University of California and UCLA officials after he was denied reappointment because his research failed to accord with the Department of Environmental Health Sciences' "mission." UCLA's decision followed years of disagreement over Enstrom's research on air pollution and its implications for environmental regulations, as well successful whistleblowing by Enstrom against another department member. Enstrom's suit alleges that UCLA's action constitutes retaliation for protected speech and a violation of his right to due process. Last week, a federal district court issued an encouraging ruling in Enstrom's case. 
• "Whistleblowing UCLA Prof in Court Today to Defend His Job," March 18, 2013
• "Two Years Later, Nobody at UCLA Has Evaluated Enstrom’s Free Speech Claims," by Adam Kissel, June 18, 2012
• "UCLA Professor’s Lawsuit Catches Fire in National Media," by Nico Perrino, June 15, 2012
• "UCLA: When Caught, Just Lie About Stuff," by Robert Shibley, June 15, 2012
• "Whistleblowing Scientist Who Challenged Environmental Regulation Sues UCLA ," June 14, 2012
• "Clock Ticking for Whistleblower Professor at UCLA," by Adam Kissel, June 8, 2012
• "UCLA Urged to Prioritize Academic Freedom in Search for Public Health Dean," by Peter Bonilla, January 10, 2012
• "Academic Freedom and Scientific Integrity in Jeopardy at UCLA: New Document Posted," by Adam Kissel, December 30, 2011
• "Whistleblowing UCLA Professor Wins One More Year," by Adam Kissel, September 6, 2011
• "More Support for Whistleblowing UCLA Professor; Enstrom Case Becomes Class Assignment," by Adam Kissel, August 16, 2011
• "Whistleblowing UCLA Professor Now Represented by American Center for Law & Justice," by Adam Kissel, June 2, 2011: UCLA environmental health sciences professor and researcher James Enstrom, who was let go from UCLA after 34 years once he blew the whistle on a researcher's fake Ph.D. and other issues involving the California Air Resources Board, is now being represented by former FIRE President David French at the American Center for Law & Justice. This important development in the case further demonstrates that UCLA will not succeed in public with the rights violation it has tried to accomplish in private.    
• "National Attention to UCLA Whistleblowing Scandal from Cato's Ilya Shapiro," by Adam Kissel, April 25, 2011
• "This Week in the News: Whistleblowing UCLA Professor Still Making Headlines and Hamilton College Wins Muzzle Award," by Jordan Fischetti, April 15, 2011
• "Please Read: Help FIRE Support Professor James Enstrom," by Adam Kissel, April 13, 2011
• "'San Francisco Chronicle' and Others Criticize UCLA's Treatment of Whistleblowing Professor," by Jordan Fischetti, April 12, 2011
• "This Week in the News: Hearings Begin for Whistleblowing UCLA Professor," by Jordan Fischetti, April 8, 2011
• "Media Outrage Building over Whistleblowing UCLA Professor's Case," by Jordan Fischetti, April 5, 2011
• "Take Action to Preserve Academic Freedom at UCLA," April 4, 2011
• "FIRE in the News: Adam Tours the Sunshine State and American University Refuses Intrusive DOJ Grant," by Jordan Fischetti, April 4, 2011
• "12 California State Legislators Write UCLA, Decrying Retaliation Case," by Adam Kissel, April 1, 2011
• "Environmental Health Sciences Professor Still Fighting for His Job at UCLA," by Adam Kissel, March 14, 2011
• "Did Someone Lie to UCLA Chancellor Gene Block?," by Adam Kissel, October 1, 2010
• "'California Watch' on Non-Rehire Case at UCLA," by Adam Kissel, September 7, 2010
• "In Reversal, UCLA Temporarily Halts Retaliation Against Whistleblowing Professor ," by Azhar Majeed, September 2, 2010

Media Coverage

• "Encouraging News on UCLA Whistleblower's Suit,"
  by Leslie Eastman, Legal Insurrection, March 30, 2013
• "LOIS HENRY: Scientist, gagged by UCLA, wins a round in court,"
  by Louis Henry, The Bakersfield Californian, March 30, 2013
• "Whistle-blowing Scientist Sues UCLA for His Job,"
  by Leslie Eastman, Legal Insurrection, March 17, 2013
• "Environmentalists vs. whistleblowers,"
  by Bob Kellogg, OneNewsNow, June 21, 2012
• "Scientist Who Challenged Environmental Regulation in California Sues UCLA,"
  by Adam Kissel, The Huffington Post, June 14, 2012
• "Skeptical scientist who challenged environmental regulation sues UCLA,"
  by Adam Kissel, The Daily Caller, June 14, 2012
• "Academic mission or UCLA speech code?,"
  by Debra Saunders, San Francisco Chronicle, April 12, 2011
• "The Green Politics of Reprisals: UCLA's Enstrom Gets a Hearing on His Unfair Dismissal,"
  by Nick Gillespie, Reason, April 4, 2011
• "Question Environmentalist Orthodoxy, Get Fired?,"
  by David French, National Review Online, April 4, 2011
• "The Smog of Reprisal,"
  by Peter Wood, The Chronicle of Higher Education, April 1, 2011