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The AAUP office academic custom essays on September 7, Contact information for all staff, including those working remotely or on a hybrid schedule, is available here. Join Login. Download this report here. Various constituencies make claims to academic freedom and freedom of speech in the academic community. Consequently, academic custom essays, even professors, academic custom essays, lawyers and judges "are not always clear whose academic freedom is at stake.
O'Neil, "Academic Freedom and the Constitution," 11 J. Legitimate invocations of academic freedom can often be difficult to discern and articulate. Nevertheless, there is a substantial body of law to guide us. What follows is a brief overview of the principles and law shaping faculty and institutional claims to academic freedom, followed by a discussion of current and future challenges. Assertions of academic freedom under the First Amendment tend to arise in one of the following three ways: "claims of professors against faculty colleagues, administrators, or trustees; claims of professors against the State; and claims of universities against the state.
Occasionally these claims may conflict, academic custom essays. Constitutional principles of academic freedom have developed in two stages, each occupying a distinct time period and including distinct types of cases. The earlier cases of the s and s focused on faculty and institutional freedom from external political intrusion. These cases pitted the faculty and institution against the State. Since the early s, however, academic custom essays, academic freedom cases have focused primarily on faculty freedom from institutional intrusion.
In these latter cases, faculty academic freedom has collided with institutional academic freedom. The professional standard of academic freedom is defined by the Statement of Principles on Academic Freedom and Tenurewhich was developed by the American Association of University Professors AAUP academic custom essays the Association of American Colleges and Universities.
It is the fundamental statement on academic freedom for faculty in higher education. It has been endorsed by over scholarly and professional organizations, and is incorporated into hundreds of college and university faculty handbooks. The Statement provides:. Teachers are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties. Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter that has no relation to their subject.
College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations.
As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, academic custom essays, should exercise appropriate restraint, should show respect for academic custom essays opinions of others, and should make every effort to indicate that they are not speaking for the institution.
Courts, including the United States Supreme Court, have relied on the Statement 's definition of academic freedom. See, e. Board of Academic custom essays Works of MarylandU, academic custom essays. RichardsonU. The rights that flow from the professional concept of academic freedom are not coextensive with First Amendment rights, although some courts academic custom essays recognized a relationship between the two.
Academic custom essays First Amendment safeguards expression from regulation by academic custom essays institutions, including public colleges and universities, expression on all sorts of topics and in all sorts of settings. The professional definition of academic freedom, on the other hand, addresses rights within the educational contexts of teaching, learning, and research both in and outside the classroom--for individuals at private as well as at public institutions.
Although the U. Supreme Court has consistently recognized that academic freedom is a First Amendment right, the scope of the First Amendment right of academic freedom for professors remains unclear. In Keyishian v. Board of Regents of the State Univ. of New YorkU. In so ruling, the Court opined:. Our nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned.
That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom, academic custom essays. The classroom is peculiarly the "marketplace of ideas. at citations omitted. See also Sweezy v. New HampshireU. These Supreme Court cases involved the First Amendment right of academic freedom of individual professors to be free from state regulation: Sweezy involved a professor's speech and Keyishian involved professors' rights not to sign a loyalty oath.
The Sweezy decision also served as the basis for the academic freedom of institutions see below. The Supreme Court, academic custom essays, however, has not clearly defined the scope of academic freedom protections under the First Amendment, and commentators disagree about the scope of those protections.
Van Alstyne, "The Specific Theory of Academic Freedom and the General Issue of Civil Liberty," in The Concept of Academic Freedom 59, Edmund L, academic custom essays. Pincoffs ed. may provide professors more protection for professional speech and less protection for unprofessional speech than the free speech clause would afford the same statements by nonacademics. Peter Byrne, "Academic Freedom: A 'Special Concern of the First Amendment'," 99 Yale L.
Whatever the legal scope, it academic custom essays clear that the First Amendment protection of individual academic freedom is not absolute.
As Professor Van Alstyne has written:. There is, of course, nothing. that assumes that the First Amendment subset of academic freedom is a total absolute, any more than freedom of speech is itself an exclusive value prized literally above all else.
Thus, the false shouting of fire in a crowded theater may not immunize a professor of psychology from having to answer for the consequences of the ensuing panic, academic custom essays, even assuming that he did it in order to observe crowd reaction first-hand and solely to advance the general enlightenment we may otherwise possess of how people act under great and sudden stress.
For a general discussion about the relationship between academic freedom and the First Amendment, see William W. Van Alstyne, "Academic Freedom academic custom essays the First Amendment in the Supreme Court of the United States: An Unhurried Historical Review," 53 Law and Contemp. Finkin, "Intramural Academic custom essays, Academic Freedom, and the First Amendment," 66 TEX. Metzger ed. The federal constitution was largely designed to regulate the exercise of governmental power only, and, therefore, virtually all of the constitutional restrictions pertaining to academic freedom and free speech apply only to public employers, such as state colleges and universities, and do not generally limit private employers, such as private colleges, academic custom essays, from infringing on professors' freedoms, such as freedom of speech and due process.
Bennington College72 F. But see Franklin v, academic custom essays. Leland Stanford Jr, academic custom essays. Stanford has adopted the position that the outcome is the same whether it is viewed as a private or public employer.
We thus review Stanford's action as if it were state action. Vanderbilt UniversityF. Some state constitutions may also provide protections to professors at private colleges. Schmid84 N. SchmidU. Internal sources of contractual obligations may include institutional rules and regulations, letters of appointment, faculty handbooks, and, where applicable, collective bargaining agreements.
Academic freedom rights are often explicitly incorporated into faculty handbooks, which are sometimes held to be legally binding contracts. Howard University, F. See also Jim Jackson, "Express and Implied Contractual Rights to Academic Freedom in the United States," 22 HAMLINE L.
See generally AAUP, Faculty Handbooks As Enforceable Contracts: A State Guide ed. Academic freedom is also protected as part of "academic custom" or "academic common law. Finkin, "Towards a Law of Academic Status," 22 BUFFALO L, academic custom essays. As the U. Court of Appeals for the District of Columbia Circuit observed in Greene v.
Howard University :. Contracts are written, and are to be read, by reference to the norms of conduct and expectations founded upon them. This is especially true of contracts in and among a community of scholars, which is what a university is. The readings of the market place are not invariably apt in this non-commercial context.
See Academic custom essays v. SindermannU. have created such a system in practice" ; see also Browzin v. Catholic University of AmericaF. American UniversityA. GaleS. See generally Matthew W. Finkin, "Regulation by Agreement: The Case of Private Higher Education," 65 IOWA L. The U. Supreme Court has also recognized a First Amendment right of institutional academic freedom:. It is the business of a university to provide that atmosphere which academic custom essays most conducive to speculation, experiment, and creation.
It is an atmosphere in which there prevail "the four essential freedoms" of a university--to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study.
Sweezy, U, academic custom essays. at Frankfurter, J.
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