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University of Florida bars professors from testifying in a voting rights case

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Re: University of Florida bars professors from testifying in a voting rights case

#21

Post by CoastalCoder »

josefresco wrote: post #7
twofornone wrote: post #3

>As part of the testimony, the plaintiffs were seeking three professors from the university — Dan Smith, Michael McDonald and Sharon Austin — to testify as expert witnesses. All three specialize in voting rights and behavior and election law. Regardless of your stance on the issue, does anyone actually believe that three "voting rights" professors will give a politically unbiased testimony in 2021?

You don't need a "voting rights professor" to tell you what they're doing in Florida is undemocratic, un-American and 100% politically motivated.

I don't mean to nitpick, but calling this un-American strikes me as the No True Scotsman fallacy.

I.e., Florida is part of the U.S. So if Florida does it, in at least a small way it is American.

Re: University of Florida bars professors from testifying in a voting rights case

#23

Post by wayoutthere »

This is blatantly unconstitutional and any professors disciplined under this would be in line for a fat settlement from the university. Or rather, they would be if our justice system actually worked.

Rule of law in the US is on life support and the prognosis is not good.

Re: University of Florida bars professors from testifying in a voting rights case

#24

Post by hodgesrm »

twofornone wrote: post #3

>As part of the testimony, the plaintiffs were seeking three professors from the university — Dan Smith, Michael McDonald and Sharon Austin — to testify as expert witnesses. All three specialize in voting rights and behavior and election law. Regardless of your stance on the issue, does anyone actually believe that three "voting rights" professors will give a politically unbiased testimony in 2021?

> Regardless of your stance on the issue, does anyone actually believe that three "voting rights" professors will give a politically unbiased testimony in 2021?

Why is this question even relevant in a court case? There's no assumption anyone involved in either side of litigation is unbiased: in fact quite the contrary. The legal system including judges and juries is designed to sort out the contending claims.

Re: University of Florida bars professors from testifying in a voting rights case

#25

Post by spywaregorilla »

rayiner wrote: post #2

> "Faculty do not forfeit their First Amendment rights as citizens by accepting an offer of employment with UF," Donnelly wrote. "Professors Smith, McDonald, and Austin testify as expert witnesses in their fields on their own time. Their testimony does not interfere with any of their job duties. There are no conflicts of interest." This is acting like a private sector employee would be able to testify on whatever mat…

Public servants serve the people.

Re: University of Florida bars professors from testifying in a voting rights case

#26

Post by josefresco »

elliekelly wrote: post #10

I have a colleague who does environmental litigation. (Think Erin Brockovich.) They have a big civil case against a large energy company in a southern, “energy-friendly” state. They had an expert witness all lined up - a professor at the (public!) state university. Well this expert happened to be up for tenure and was (allegedly) told in no uncertain terms that, should they testify as an expert witness in this case,…

This seems like clear "witness intimidation" aka "Tampering with a witness, victim, or an informant"

https://www.law.cornell.edu/uscode/text/18/1512

(b)Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—

(1)influence, delay, or prevent the testimony of any person in an official proceeding;

(2)cause or induce any person to—

(A)withhold testimony, or withhold a record, document, or other object, from an official proceeding;

(B)alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;

(C)evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or

(D)be absent from an official proceeding to which such person has been summoned by legal process; or

Re: University of Florida bars professors from testifying in a voting rights case

#27

Post by [deleted] »

twofornone wrote: post #14
babyblueblanket wrote: post #11

Earlier quoted context omitted.

By this logic, no experts should be allowed in court unless the opposing lawyer has as much education as the expert in their subject.

If the subject is politically polarized then I am inclined to agree. Its an open secret that right leaning opinions are taboo across academia. That doesn't actually mean such opinions are wrong.

[deleted]

Re: University of Florida bars professors from testifying in a voting rights case

#28

Post by gradys »

endisneigh wrote: post #16

this doesn't sound like a big deal. UF is saying that professors cannot both receive compensation for your testimony and testify as a member of the university. in other words, they can testify for free, or they cannot use their the fact that they're UF professors as part of their credentials without prior approval, or do anything that's a "conflict of interest" as defined by UF themselves. the article itself admits t…

They are in fact UF professors though, and that fact would be relevant in any case they testified in. Are UF professors banned from acting as paid expert witnesses in general? Or just for this issue?

To your edit: the fact that the entity in question is a government is the difference here in my opinion.

Re: University of Florida bars professors from testifying in a voting rights case

#29

Post by rayiner »

gpm wrote: post #5
rayiner wrote: post #2

> "Faculty do not forfeit their First Amendment rights as citizens by accepting an offer of employment with UF," Donnelly wrote. "Professors Smith, McDonald, and Austin testify as expert witnesses in their fields on their own time. Their testimony does not interfere with any of their job duties. There are no conflicts of interest." This is acting like a private sector employee would be able to testify on whatever mat…

Private companies are not bound by the first amendment, state actors including this university are.

It’s more complicated than that. State actors have have certain freedom to restrict speech when acting in their capacity as private employers: https://www.oyez.org/cases/2005/04-473

Re: University of Florida bars professors from testifying in a voting rights case

#30

Post by arthurcolle »

wayoutthere wrote: post #23

This is blatantly unconstitutional and any professors disciplined under this would be in line for a fat settlement from the university. Or rather, they would be if our justice system actually worked. Rule of law in the US is on life support and the prognosis is not good.

Yep, this kills the patient
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