After weeks of embarrassing publicity and political mobilization, Yale University has been forced to rehire Corey Menafee, an African American employee who was fired for smashing a stained glass window at Yale’s Calhoun College that depicted slaves shouldering bales of cotton. For over a year, Calhoun College has been the subject of intense national controversy because it is named after one of America’s foremost defenders of slavery and white supremacy. Menafee’s actions, firing, and now rehiring gave expression, and amplification, to the controversy.

But now there’s a new source of controversy: one of the conditions of Menafee’s rehiring is that he keep his mouth shut about the case.

But in a move more familiar in corporate labor proceedings than in an academic setting dedicated to free discourse, the university included in the agreement to rehire Menafee a provision that he will no longer be able to speak publicly about his case, the university confirmed….Provision #8 in the agreement reads: “The parties agree that neither Mr. Menafee, the Union, nor the University, nor counsel for any of these, will make any further statements to the public.”

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The provision sparked outrage from demonstrators who stood in support of Menafee over the past two weeks.

While gag orders like this are indeed routine in corporate litigation and settlements, the restriction on employee speech is even more routine in workplaces across America. Indeed, for workers in the United States, it is the rule rather than the exception.

But that’s not what makes this particular gag order so interesting. [click to continue…]