December 20, 1995

Chancellor William H. Cunningham, The University of Texas System, 601 Colorado Street, Austin, Texas 78701-2982

Dear Chancellor Cunningham,

Last Wednesday evening I received a letter from Thomas J. Egan on behalf of Freeport-McMoRan Copper & Gold, threatening me with a lawsuit "… if false and damaging accusations about Freeport continue to be made …". I have come to the conclusion that it is of the utmost importance that you make a public announcement that both disassociates yourself from these threats and speaks clearly to the principle of academic freedom.

Prior to being threatened, I had attempted to work in the background to find a solution to the problems surrounding the naming of the molecular biology building on my campus for Mr. James Robert Moffett. However, since the threats I have become actively vocal in an attempt to prove that the threats would not have any effect on my speech. I believe it is important for faculty members on our campus, on the campuses of our system, and elsewhere, to realize that open debate at universities will not be stifled by groundless threats of lawsuits. I believe it is critical that that message also be heard from you.

Unfortunately the message claimed to be coming from you is quite different. In last Saturday's Austin American-Statesman, regarding your resignation from the Freeport-McMoRan boards of directors, Mr. Moffet is quoted as saying:

"We have had to draw a line in the sand. You have to be prepared to take the next step. Bill is anticipating that these people may force us to do that. He realized now if we have to go to the next point we shouldn't be held back by the fact that he's a director."

Perhaps that was misquoted. However, although there have been letters from Freeport to the Austin American-Statesman since then, none has mentioned misquotation. Nor has there been any public response from you regarding that statement. In fact, your public statement on the resignation adds weight to Mr. Moffett's claims by saying:

"I have, of course, discussed my decision to resign from the Freeport Board with Jim Bob Moffett, the company's chairman and CEO."

The combination of this statement and that of Mr. Moffett suggests that your intention in resigning was to clear the path for Freeport to sue Prof. Boyer, Prof. Feld, and myself. Although this interpretation is very difficult for me to accept, the message to the faculty, students, alumni, and citizens is chilling. That is why I am urging you to clarify the matter by disassociating yourself from these threats and speaking clearly to the principle of academic freedom.

Sincerely,
Alan Kaylor Cline

David Bruton Jr. Professor of Computer Sciences and Professor of Mathematics

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