Friday, September 22, 2023

The Heinrich Schenker Case

Way back in the summer of 2020 Heinrich Schenker was in the news as a result of a dispute between Professor Timothy Jackson, the founder of the Journal of Schenkerian Studies, and his employer, the University of North Texas. The origin of the issue was criticism by Professor Philip Ewell of the "white racial frame" of music theory and specifically racist statements by Heinrich Schenker. The controversy resulted in the closure of the Journal of Schenkerian Studies by the University of North Texas. Prof. Jackson sued the University and the Board of Regents.

But we haven't heard any news for a while and it seemed as if he had lost the case. The latest news is that this is not so. Here is a news release from his lawyers that outlines the legal situation:

The Fifth Circuit Court of Appeals has handed down another defeat to the University of North Texas and a victory to Allen Harris in a lawsuit defending the First Amendment rights of Professor Timothy Jackson, after UNT shut down his journal, The Journal of Schenkerian Studies. The decision can be located here.

In January of last year, Allen Harris had already prevailed in the United States District Court for the Northern District of Texas. The District Court Judge Amos Mazzant rejected UNT’s motion to dismiss the complaint of Professor Timothy Jackson in a strong decision available here.

So, the final decision in this case is still far down the road, it seems. 


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