The Faculty Assembly Supports the AAUP’s Fight for Free Speech

by dara, FA Vice President

Before the independent unions group–CCCI–gathered for the fall 2025 conference, Tim Shively–English Instructor and De Anza College President of their Faculty Association–shared an idea to honor Bob Bezemek, a 40-year labor attorney who successfully argued the landmark Cervisi decision in 1989 that established that part-time faculty are eligible for unemployment benefits between semesters because their assignments are not considered a "reasonable assurance of employment." Bob served as both the CCCI and MCCFA’s first legal counsel. Tim attended Bob’s retirement and thought the best way to honor him is with a grand statement, so to speak. Tim proposed organizing an amicus brief on behalf of the plaintiffs in the case: American Association of University Professors et al v. Trump et al to combat the “Trump-Vance administration’s attempt to unlawfully stifle free speech within the University of California (UC) system, the second largest employer in California.” Click here to read the full text of the complaint.

Because I am not an expert in anything related to law, I asked Tim to clarify why this brief is important, why CCCI and MiraCosta’s Faculty Assembly should support it both financially and ethically, and what it means now. Tim replied:

The AAUP et al v.Trump et al complaint is one of the few examples of higher education groups being successful at pushing back against the Trump administration's more or less continuous efforts to extort ideological compliance by withholding already earmarked funding. Notably, it was faculty groups like the AAUP and numerous UC unions and student groups which led the charge, which made it an honor for community college unions and faculty groups to provide support. As the amicus so eloquently argues, the CCC's have been facing similar threats to their federal funding, and it's about time we start bridging the divides between our separate higher ed systems and come together in this common cause. If the administrations can't accomplish this, the faculty will lead the charge.

The Faculty Assembly did support the amicus brief, and news of a preliminary injunction was delivered earlier this month. The AAUP provides a terrific summary of the “win” as well as the text of the injunction decision and order.

Although there is surely more to come in terms of what this federal administration has planned for higher education, this is a bright spot of good news.