Rob Schofield of NC PolicyWatch wrote this alarming editorial about a disgraceful effort to silence a critic of Governor McCrory.
North Carolina was once the most progressive state in the South, but in the short time that Governor McCrory has been in office, abetted by a reactionary legislature, North Carolina has adopted some of the most anti-education, anti-social, regressive policies in the nation.
Governor McCrory’s state budget director is Art Pope, one of the richest men in the state, who has his own private foundation, called the Pope-Civitas Institute. Art Pope has a libertarian, anti-government, anti-public sector agenda, which he has helped to implement.
The Pope-Civitas Institute has begun a campaign of intimidation directed at Professor Gene Nichol of the University of North Carolina Law Center.
Schofield writes:
Nichol, of course, is, among many other things, the Director of the UNC Law School’s Center on Poverty, Work and Opportunity and a longtime fiery critic of politicians of both parties, who ignore, abuse or take advantage of the underdogs of society. Together with Rev. William Barber of the state NAACP, Nichol led the 2012 Truth and Hope Tour of Poverty in North Carolina. He’s also been an active participant in Moral Mondays and HK on J movements, a regular opinion page contributor to Raleigh’s News & Observer and a board member of multiple progressive nonprofits – including NC Policy Watch’s parent organization, the North Carolina Justice Center.
The Pope-Civitas Institute recently “filed a public records request to obtain six weeks’ worth of Nichol’s personal email correspondence, phone logs, text messages, and calendar entries. The group won’t say what it thinks it might find with such an absurd fishing expedition, but there can be no doubt as to the actual, ultimate objective…”
In response to this outrageous attempt to intimidate Professor Nichol, hundreds of college and university scholars from 24 North Carolina institutions sent a letter of protest to Governor McCrory and State Budget Director Pope.
Here’s the letter:
To Governor McCrory and State Budget Director Art Pope,
As scholars from institutions of higher education throughout North Carolina and citizens committed to the constitutional right of free speech, we call on you to condemn the Civitas Institute’s demand for six weeks’ worth of personal email correspondence, phone logs, text messages, and calendar entries from Gene Nichol, Boyd Tinsley Distinguished Professor and Director of the Center on Poverty, Work and Opportunity at the UNC School of Law.
This request is clearly in retribution for Professor Nichol’s public commentary critical of your administration. We write to both of you because it is public knowledge that, in the words of the Institute for Southern Studies, “Civitas gets over 90 percent of its funding from the Pope family foundation — so much so that the IRS classifies it as a ‘private foundation,’ a designation reserved for nonprofits that depend on a single benefactor.” Thus, citizens may reasonably infer that a sitting administration is using a private tax-exempt nonprofit organization funded by one of its leading officials to retaliate for criticism of its policies and intimidate future dissent. To our knowledge this action is unprecedented in our state’s political history.
Such an attempt at punishing speech ill befits an organization that purports in its mission statement to advance “liberty” and to “empower citizens to become better civic leaders.” Imagine if a nonprofit institution affiliated with an administration of the other party demanded the email of a conservative faculty critic. The Civitas Institute would be outraged; so would we.
Mr. Pope’s foundations are well aware that Professor Nichol is one of many North Carolina scholars who have begun publicly expressing concern about the direction of state policy since your administration took office. We believe the purpose of this action is not simply to retaliate against Professor Nichol but also to discourage future dissent from faculty in higher education. Such abuse of power to suppress critics should be condemned by all people of good will.
Scholars are citizens. Like all Americans, we have the right of free speech, freedom of assembly, and indeed the positive obligation to participate in public life “to form a more perfect Union.” Sometimes, our research expertise also bears directly on policy matters. To support smart policy and draw attention to misconceived or destructive policy is part of our responsibility as trained researchers and writers in a democratic nation.
We, the undersigned, from 61 departments and 24 institutions of higher education, call you to speak out publicly on this matter and to meet with a small delegation of faculty concerned about the future of free speech for employees of our public institutions.
Sincerely,
To see the names of the signatories and their institutions, open the link.

Scott Walker did the same thing to a UW professor in Wisconsin. Typical – they can’t win on the merits of the argument, so they have to destroy anyone who opposes them. How’s that for democracy?
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Speaking about democracy, the voters have the power to change this at the polls.
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Yes and no. Read about manufactured consent sometime. We don’t really have a democracy in this country, just the illusion of one.
For one thing, the candidates favored by the power elite have vastly more money and power behind them and that’s extremely difficult to overcome (but of course not impossible as Diane has highlighted in several races recently).
Second, there are usually only poor alternatives. For instance, here in Illinois, our next gubernatorial race is likely going to be between Pat Quinn with Paul Vallas as his running mate on the Democratic ticket vs. Bruce Rauner, who’s Mayor Emanuel’s best friend, on the Republican ticket. Both are anti-union, anti-public education pension thieves – there’s hardly a hair’s breadth between them policy-wise.
Third, even when “progressive” candidates are elected, whether because of mendacity or because of the realities of governing, they almost always move significantly to the right once elected. How many progressives were dancing in the streets on November 4, 2008, confident that the Bush years were finally over? I’ll admit I was. But what we’ve gotten has instead been a continuation – and in many ways an expansion – of the Bush years.
I don’t think it’s completely hopeless, but it’s going to take a massive and active coalition to overcome this on any kind of a large scale, and I don’t think we’re at that point. The unions have been decimated, so many people are un- or underemployed and just trying to survive, those who are employed are just trying to hold on, so there’s really not a mass consciousness yet to fight back and reclaim our democracy except perhaps in isolated spots. But I do think it’s getting bad enough that people will have to wake up and fight for democracy or else resign themselves to serfdom.
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Yes, ALEC did Walker’s the dirty work to intimidate & silence Bill Cronon’s research
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This is old Political Intimidation….when the Social Media was not around to check and balance..
Who, in their right minds thinks they can pull the wool over the eyes of the people of NC by using these antiquated intimidation strategies….
My spouse and I have been in awe of this administration and its lack of regard for the citizens of NC…
Seems as if someone on the Hill thinks we are living in the back woods with a camp fire and a nearby stream …oblivious to these antics of “Political Past”
We are waiting for 2016..patiently……2 more years of this “Speaking out of Both sides of a Mouth”
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Why wait two years? Why don’t the people demand that McCory step down due to abusive use of his power? This is not what they voted for? What is wrong with the people in this country today? No one stands up for anything any more they just role over. I saw a lot of that when we lived in Winston Salem. I do feel sorry for the people in NC but they do need to satnd up!!! Now is the time.
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Governor McCrory is an ed reformer, and his ed reform agenda is identical to that of ed reformers all over the US.
So here’s my question.
How do “liberal” ed reformers square McCrory’s voter suppression efforts and his opposition to the Racial Justice Act in North Carolina with their assertion that ed reform is about “civil rights”?
I would ask the same question of their support of the education policies of Walker in Wisconsin, Kasich in OH, Corbett in PA and Snyder in MI.
All of these governors are ed reformers, and their ed agenda is identical to that of “liberal” who call themselves reformers. Are they telling us that McCrory, Walker, Kasich, Corbett and Snyder are pushing this agenda to advance civil rights? How do they justify supporting these governors education agenda, given the REST of their policy and practice?
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It’s call FREEDOM of SPEECH, and of the PRESS (media), the marketplace of ideas, some of our 1st Amendment rights. We must help our friends to fight this effort to intimidate and distract. Rally, write, resist!
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I recommend reading “It Can’t Happen Here” by Sinclair Lewis (1935).
It can, and it is.
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“The Pope-Civitas Institute recently “filed a public records request to obtain six weeks’ worth of Nichol’s personal email correspondence, phone logs, text messages, and calendar entries.”
If indeed the request is for “PERSONAL email correspondence, phone logs, text messages and calender entries” then the request should be denied. However, if it is for those things in relation to his state paid job at the UNC Law School using the schools computers, phones, etc. . . , I have no problem with the request.
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I would tend to agree, Duane. After all, isn’t this the same sort of thing that led to the fall of Tony Bennett and other corporate reform darlings? If anything we should be ENCOURAGING this sort of “fishing expedition” to be used on any and all public officials connected to the corporate reform movement.
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It’s amusing, because it’s a good argument for tenure, which Art Pope opposes.
If the professor didn’t have job protections, they’d be able to simply fire him for dissent.
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The long-term damage that ed reformers like Pope and McCrory will do to public education is in funding. They’re zeroing out the sources of tax revenue that goes to public entities in the state with tax cuts and that will inevitably mean less funding for public ed.
If one looks at OH, IN, WI, MI and PA that’s where the real long-term damage will be realized. Funding.
I’m baffled at how “liberal” ed reformers can support these governors on “ed reform”. Even if they’re not concerned about the fate of existing public schools, they understand that gutting funding for education will eventually reach charters and vouchers, too, right?
Because it will.
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I read a lot about NC, so here’s another twist.
This is a site Pope set up to smear the protesters. Many of them were arrested, so there are police records.
If you look thru the site, you’ll see that Pope (who is employed by the state of North Carolina) specifically targeted PUBLIC employees, most of whom are either public school teachers or public university employees.
What’s interesting is, there was a charter school teacher arrested at the protests, and Pope didn’t include that teacher under the “public employee smear” category.
I know Diane’s site is one of the few places where the line between public and private has been discussed in terms of government contracting, so I thought it was interesting that ed reformer Pope doesn’t believe charter schools are public schools, because he doesn’t include them in his “public” category.
http://www.nccivitas.org/moralmonday/
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Charters are public schools when it suits the corporate reformers for them to be public, and private when it suits them for them to be private.
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Remember Hegel:
The slave is the master.
We will get past this and we will learn from it.
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Of course it does to help to know something about the person, too, before making sweeping generalities.
http://www.washingtonpost.com/wp-dyn/content/story/2008/02/12/ST2008021201428.html
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Reblogged this on Middletown Voice and commented:
Mitch Daniels, now president of Indiana’s second largest institution, while governor, used his office to censure Howard Zinn’s history writings by referring to them as “liberal excrement”. He comes from the same mindset as Governor McCrory and Art Pope.
America needs to wake up, because these Tea Party minions are put in the position of power by free market libertarian billionaires who have systematically been working for decades to eliminate government so they can lower their taxes and limit government intrusion in their business – many of which harm the environment. They are not combating some liberal conspiracy. The damage done by these free market libertarians has become widespread throughout the south and Midwest. They are anti-government, anti-union, anti-intellectualism, etc. Associated names are the Koch brothers, ALEC, State Policy Networks. They use conservative media to dictate the conservation. Fox News regularly spreads their propaganda, but news media sources like Gannett, Inc. are very subtle by printing penned editorials from professors at local universities and state as fact without explaining their conflicts of interest with the State Policy Network within the specific state (there are 52 organized State Policy Networks throughout the country supported by foundations traced backed to either the Kochs’ directly or blended contributions from Kochs and 200+ corporate members of ALEC.
Inform yourself or expect to be manipulated.
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This weekend, Moyers and Company addressed this very matter. Be sure to catch it! You can watch it online or read the transcript here: http://billmoyers.com/episode/full-show-state-of-conflict-north-carolina/
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