I find tenure problematic at state schools, but private schools can do whatever they want. Tenure shouldn't be some thing you just give to all professors who meet certain requirements...it should be a bargaining chip for keeping talent, nothing more.
I am saying no. to bhams point about the anti-PC, tenure seems a backwards way of dealing with it. seems like the real fix is to fix the universities where dissent is accepted/encouraged. providing a get out of jail free card (aka tenure) seems to defeat the nature of a university.
The problem with the bargaining chip view is that you will increasingly limit diversity of thought/research since like tends to protect like.
It is a merit based system (at least on the granting side) whereby those who meet the criteria are granted tenure and those who do not are not.
Is diversity of thought ever used in refusing tenure?
I'm going to say no. Emphatically no.
Here's the problem. You have a professor that ends up being way less than professional and/or effective in the classroom. The university wants to rid themselves of that problem, however, tenure prohibits them from removing what very well could be a bad apple. Now, I'm sure they will eventually get enough "evidence" to remove them for cause, but danged if that won't take a while.
On the other hand, without tenure, it's easy for a university to say "nope, sorry, not renegotiating your contract extension and not renewing it. Have a good one."
Of you have a situation like that witch out in Cali who basically says "I can say WTF I want and you can't do anything about it because of tenure." She's well within her rights to say what she wants, but generally not without repercussions. At least in the working world. However, tenure does protect her to a degree.
So, no. I do not think the program works. Are there profs out there doing a great job and deserve consideration for program or contract extensions? Yep. The academic world should mirror the business world when it comes to employment. Especially at State run institutions.
I'd argue that tenure is the only thing that protects dissent. The mythical fix you suggest would be better but it ain't gonna happen.
tenure isn't designed to protect the situations you mentioned - it just happens to do so.
tenure is to ensure that someone who's work goes against the grain of popular/status quo beliefs won't be fired because he/she is an academic heretic.
even without tenure I don't think that deplorable prof at Fresno should be fired for being an a-hole on Twitter - likewise I don't think one should be fired in the private sector for similar action.
there are abuses to be sure