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Wikipedia

Academic freedom

Academic freedom is a moral and legal concept expressing the conviction that the freedom of inquiry by faculty members is essential to the mission of the academy as well as the principles of academia, and that scholars should have freedom to teach or communicate ideas or facts (including those that are inconvenient to external political groups or to authorities) without fear of repression, job loss, or imprisonment. While the core of academic freedom covers scholars acting in an academic capacity — as teachers or researchers expressing strictly scholarly viewpoints —, an expansive interpretation extends these occupational safeguards to scholars' speech on matters outside their professional expertise.[1][2] Especially within the anglo-saxon discussion it is most commonly defined as a type of freedom of speech, while the current scientific discourse in the Americas and Continental Europe more often define it as a human right with freedom of speech just being one aspect among many within the concept of academic freedom.

Academic freedom is a contested issue and, therefore, has limitations in practice. In the United States, for example, according to the widely recognized "1940 Statement on Academic Freedom and Tenure" of the American Association of University Professors, teachers should be careful to avoid controversial matters that are unrelated to the subject discussed. When they speak or write in public, they are free to express their opinions without fear from institutional censorship or discipline, but they should show restraint and clearly indicate that they are not speaking for their institution.[3] Academic tenure protects academic freedom by ensuring that teachers can be fired only for causes such as gross professional incompetence or behavior that evokes condemnation from the academic community itself.[4]

Historical background

 
Michael Polanyi argued that academic freedom was a fundamental necessity for the production of true knowledge.

Although the notion of academic freedom has a long implicit history (Leiden University, founded in 1575, birthplace of the modern concept),[citation needed] the development of this idea cannot be separated from Wilhelm von Humboldt. Humboldt was a philosopher and linguist who was given the authority to create a new university in Berlin in the early 19th century. He then founded a university that adhered to two principles of academic freedom: freedom of scientific inquiry and the unity between research and teaching. According to Humboldt, the fundamental proposition underlying the principles of academic freedom was to uphold the view that science is not something that has already been found but as knowledge that will never be fully discovered and, yet, needs to be searched for unceasingly. The university he founded later became a model and inspiration for modern colleges in Germany and universities in the West.[5]

The concept of academic freedom was also clearly formulated in response to the encroachments of the totalitarian state on science and academia in general for the furtherance of its own goals. For instance, in the Soviet Union, scientific research was brought under strict political control in the 1930s. A number of research areas were declared "bourgeois pseudoscience" and forbidden, notably genetics[6] (see "Lysenkoism") and sociology.[7] The trend toward subjugating science to the interests of the state also had proponents in the West, including the influential Marxist John Desmond Bernal, who published The Social Function of Science in 1939.

In contrast to this approach, Michael Polanyi argued that a structure of liberty is essential for the advancement of science – that the freedom to pursue science for its own sake is a prerequisite for the production of knowledge through peer review and the scientific method.[8]

In 1936, as a consequence of an invitation to give lectures for the Ministry of Heavy Industry in the USSR, Polanyi met Bukharin, who told him that in socialist societies all scientific research is directed to accord with the needs of the latest five-year plan. Demands in Britain for centrally planned scientific research led Polanyi, together with John Baker, to found the influential Society for Freedom in Science.[9] The society promoted a liberal conception of science as free enquiry against the instrumental view that science should exist primarily to serve the needs of society.[10]

In a series of articles, re-published in The Contempt of Freedom (1940) and The Logic of Liberty (1951), Polanyi claimed that co-operation amongst scientists is analogous to the way in which agents co-ordinate themselves within a free market. Just as consumers in a free market determine the value of products, science is a spontaneous order that arises as a consequence of open debate amongst specialists. Science can therefore only flourish when scientists have the liberty to pursue truth as an end in itself:

[S]cientists, freely making their own choice of problems and pursuing them in the light of their own personal judgment, are in fact co-operating as members of a closely knit organization.

Such self-co-ordination of independent initiatives leads to a joint result which is unpremeditated by any of those who bring it about.

Any attempt to organize the group ... under a single authority would eliminate their independent initiatives, and thus reduce their joint effectiveness to that of the single person directing them from the centre. It would, in effect, paralyse their co-operation.

Rationale

Proponents of academic freedom believe that the freedom of inquiry by students and faculty members is essential to the mission of the academy. They argue that academic communities are repeatedly targeted for repression due to their ability to shape and control the flow of information. When scholars attempt to teach or communicate ideas or facts that are inconvenient to external political groups or to authorities, they may find themselves targeted for public vilification, job loss, imprisonment, or even death. For example, in North Africa, a professor of public health discovered that his country's infant mortality rate was higher than government figures indicated. He lost his job and was imprisoned.[11][12]

The fate of biology in the Soviet Union is also cited[citation needed] as a reason why society has an interest in protecting academic freedom. A Soviet biologist Trofim Lysenko rejected Western science – then focused primarily on making advances in theoretical genetics, based on research with the fruit fly (Drosophila melanogaster) – and proposed a more socially relevant approach to farming that was based on the collectivist principles of dialectical materialism. (Lysenko called this "Michurinism", but it is more popularly known today as Lysenkoism.) Lysenko's ideas proved appealing to the Soviet leadership, in part because of their value as propaganda, and he was ultimately made director of the Soviet Academy of Agricultural Sciences. Subsequently, Lysenko directed a purge of scientists who professed "harmful ideas", resulting in the expulsion, imprisonment, or death of hundreds of Soviet scientists. Lysenko's ideas were then implemented on collectivised farms in the Soviet Union and China. Famines that resulted partly from Lysenko's influence are believed to have killed 30 million people in China alone.[13]

AFAF (Academics For Academic Freedom) of the United Kingdom[14] is a campaign for lecturers, academic staff and researchers who want to make a public statement in favour of free enquiry and free expression. Their statement of Academic Freedom has two main principles:

  1. that academics, both inside and outside the classroom, have unrestricted liberty to question and test received wisdom and to put forward controversial and unpopular opinions, whether or not these are deemed offensive, and
  2. that academic institutions have no right to curb the exercise of this freedom by members of their staff, or to use it as grounds for disciplinary action or dismissal.

AFAF and those who agree with its principles believe that it is important for academics to be able not only to express their opinions, but also to put them to scrutiny and to open further debate. They are against the idea of telling the public Platonic "noble lies" and believe that people need not be protected from radical views.

Sociologist Ruth Pearce argued that the concept of academic freedom exists to protect scholarship from censure by state or religious authorities, and not to defend intolerance.[15]

For academic staff

The concept of academic freedom as a right of faculty members is an established part of most legal systems. While in the United States the constitutional protection of academic freedom derives from the guarantee of free speech under the First Amendment, the constitutions of other countries (particularly in civil law systems) typically grant a separate right to free learning, teaching, and research.

Canada

During the interwar years (cir. 1919–1939) Canadian academics were informally expected to be apolitical, lest they bring trouble to their respective universities which, at the time, were very much dependent upon provincial government grants. As well, many Canadian academics of the time considered their position to be remote from the world of politics and felt they had no place getting involved in political issues. However, with the increase of socialist activity in Canada during the Great Depression, due to the rise of social gospel ideology, some left-wing academics began taking active part in contemporary political issues outside the university. Thus, individuals such as Frank H. Underhill at the University of Toronto and other members or affiliates with the League for Social Reconstruction or the socialist movement in Canada who held academic positions, began to find themselves in precarious positions with their university employers. Frank H. Underhill, for example, faced criticism from within and without academia and near expulsion from his university position for his public political comments and his involvement with the League for Social Reconstruction and the Co-Operative Commonwealth Federation. According to Michiel Horn this era marked,

... a relaxation of the unwritten controls under which many Canadian professors had previously worked. The nature of the institutions, natural caution and professional pre-occupation had before the Depression inhibited the professoriate. None of these conditions changed quickly, but even at the provincial universities there were brave souls in the 1930s who claimed, with varying success, the right publicly to discuss controversial subjects and express opinions about them.

In 2020, the University of Ottawa suspended one of its teachers for using the n-word in a metalinguistic way, which sparked a controversy over academic freedom.

China

 
Self-censorship in a Chinese academic journal: an editor asks the article's author to remove a sentence about blocking of Wikipedia in mainland China as it could cause trouble with the "authorities"

Academic freedom is severely limited in China.[16][17][18] Academics have noted an incentive not to express 'incorrect' opinions about issues sensitive to the Government of China and the ruling Chinese Communist Party (CCP).[19][20] These efforts have been effective in causing academics to self-censor and shift academic discourse.[21]

In December 2020, the Associated Press reported that China was controlling scientific research into the origins of COVID-19 under direct orders from CCP general secretary Xi Jinping. According to the report, an order by China's State Council required all research to be approved by a task force under their management, saying scientific publication should be orchestrated like "a game of chess", warning that those who publish without permission will be held accountable.[22][23]

France

Professors at public French universities and researchers in public research laboratories are expected, as are all civil servants, to behave in a neutral manner and to not favor any particular political or religious point of view during the course of their duties. However, the academic freedom of university professors is a fundamental principle recognized by the laws of the Republic, as defined by the Constitutional Council; furthermore, statute law declares about higher education that "teachers-researchers (university professors and assistant professors), researchers and teachers are fully independent and enjoy full freedom of speech in the course of their research and teaching activities, provided they respect, following university traditions and the dispositions of this code, principles of tolerance and objectivity".[24] The nomination and promotion of professors is largely done through a process of peer review rather than through normal administrative procedures.

Germany

The German Constitution (German: Grundgesetz) specifically grants academic freedom: "Art and science, research and teaching are free. Freedom of teaching does not absolve from loyalty to the constitution" (Art. 5, para. 3). In a tradition reaching back to the 19th century, jurisdiction has understood this right as one to teach (Lehrfreiheit), study (Lernfreiheit), and conduct research (Freiheit der Wissenschaft) freely, although the last concept has sometimes been taken as a cover term for the first two. Lehrfreiheit embraces the right of professors to determine the content of their lectures and to publish the results of their research without prior approval.

Since professors through their Habilitation receive the right to teach (Latin: venia docendi) in a particular academic field, academic freedom is deemed to cover at least the entirety of this field. Lernfreiheit means a student's right to determine an individual course of study. Finally, Freiheit der Wissenschaft permits academic self-governance and grants the university control of its internal affairs.

Ireland

Protections for academic freedom are provided in Section 14 of the 1997 Universities Act.[25] It provides academics with protection for research, teaching and other activity "to question and test received wisdom, to put forward new ideas and to state controversial or unpopular opinions" without being disadvantaged.

Mauritius

In Mauritius the academic staff have the following rights, which are stated in the Chapter II Constitution of Mauritius: the protection of Freedom of Conscience, Protection of Freedom of Expression, Protection of Freedom of Assembly and Association, Protection of Freedom to Establish schools and the Protection from Discrimination.[26] In a 2012 paper on the University of Mauritius the author states that although there are no records of abuse of human rights or freedom of the state "subtle threats to freedom of expression do exist, especially with regard to criticisms of ruling political parties and their leaders as well as religious groups."[27] The government of Mauritius endorses the practice of academic freedom in the tertiary institutions of the country.[27] Academic freedom became a public issue in May 2009 when the University of Mauritius spoke out against the previous vice chancellor Professor I. Fagoonee, who had forwarded a circular sent by the Ministry of Education to academics.[27] This circular targeted public officers and required them to consult their superiors before speaking to the press. According to the paper, academics were annoyed by the fact that the vice chancellor had endorsed the circular by sending it to them when it was addressed to public officers.[27] In an interview the vice- chancellor stated that while academics were free to speak to the press they should not compromise university policy or government policy.[27] An academic spoke to the prime minister and the issue was eventually taken up to parliament.[27] The vice chancellor was then required to step down.[27] In return the government publicly endorsed the practice of academic freedom.[27]

The institutional bureaucracy and the dependence on the state for funds has restricted the freedom of academics to criticize government policy.[27] An interview with Dr. Kasenally an educator at the University of Mauritius expresses her views on academic freedom in the university.[27] The professor states that in 1970s to 1980s the university was at the forefront of debates.[27] But in the 1990s the university stepped away from controversial debates.[27] In 1986, the rights of academics to engage in politics was removed to curtail academic freedom.[27] Academics at the University of Mauritius have thus been encouraged to not express their views or ideas especially if the views oppose those of the management or government.[27] While there have been no cases of arrests or extreme detention of academics, there is a fear that it would hinder their career progress especially at the level of a promotion thus, the academics try to avoid participating in controversial debates.[27]

Netherlands

In the Netherlands the academic freedom is limited. In November 1985 the Dutch Ministry of Education published a policy paper titled Higher Education: Autonomy and Quality.[28] This paper had a proposal that steered away from traditional education and informed that the future of higher education sector should not be regulated by the central government.[28] In 1992 the Law of Higher Education and Research (Wet op het hoger onderwijs en wetenschappelijk onderzoek, article 1.6) was published and became effective in 1993.[28] However, this law governs only certain institutions.[28] Furthermore, the above provision is part of an ordinary statute and lacks constitutional status, so it can be changed anytime by a simple majority in Parliament.

New Zealand

Academic freedom pertains to forms of expression by academic staff engaged in scholarship and is defined by the Education Act 1989 (s161(2)) as: a) The freedom of academic staff and students, within the law, to question and test received wisdom, to put forward new ideas and to state controversial or unpopular opinions; b) The freedom of academic staff and students to engage in research; c) The freedom of the university and its staff to regulate the subject matter of courses taught at the university; d) The freedom of the university and its staff to teach and assess students in the manner they consider best promotes learning; and e) The freedom of the university through its council and vice-chancellor to appoint its own staff. [29]

Philippines

The 1987 Philippine Constitution states that, "Academic Freedom shall be enjoyed in all institutions of higher learning."[30] Philippine jurisprudence and courts of law, including the Philippine Supreme Court tend to reflexively defer to the institutional autonomy of higher institutions of learning in determining academic decisions with respect to the outcomes of individual cases filed in the courts regarding the abuse of Academic Freedom by professors, despite the individual merits or demerits of any cases.[31] A closely watched case was the controversial case of University of the Philippines at Diliman Sociology Professor Sarah Raymundo who was not granted tenure due to an appeal by the minority dissenting vote within the faculty of the Sociology Department. This decision was sustained upon appeal by the dissenting faculty and Professor Raymundo to the University of the Philippines at Diliman Chancellor Sergio S. Cao; and though the case was elevated to University of the Philippines System President Emerlinda R. Roman, Roman denied the appeal which was elevated by Professor Raymundo to the university's board of regents for decision and the BOR granted her request for tenure. A major bone of contention among the supporters of Professor Raymundo was not to question the institutional Academic Freedom of the department in not granting her tenure, but in asking for transparency in how the Academic Freedom of the department was exercised, in keeping with traditions within the University of the Philippines in providing a basis that may be subject to peer review, for Academic decisions made under the mantle of Academic Freedom.

South Africa

The South African Constitution of 1996 offers protection of academic freedom and the freedom of scholarly research.[32] Academic freedom became a main principle for higher education by 1997.[32] Three main threats are believed to jeopardize academic freedom: government regulations, excessive influence of private sector sponsor on a university, and limitations of freedom of speech in universities.[32]

There have been an abundance of scandals over the restricted academic freedom at a number of universities in South Africa.[33] The University of KwaZulu-Natal received fame over its restricted academic freedom and the scandal that occurred in 2007.[33] In this scandal a sociology lecturer, Fazel Khan was fired in April 2007 for "bringing the university into disrepute" after he released information to the news media.[33] According to Khan he had been airbrushed from a photograph in a campus publication because of his participation in a staff strike last February.[33] In light of this scandal the South African Council on Higher Education released a report stating that the state is influencing academic freedom.[33] In particular, public universities are more susceptible to political pressure because they receive funds from the public.[33]

United Kingdom

The Robbins Report on Higher Education,[34] commissioned by the British government and published in 1963, devoted a full chapter, Chapter XVI, to Academic freedom and its scope. This gives a detailed discussion of the importance attached both to freedom of individual academics and of the institution itself. In a world, both then and now, where illiberal governments are all too ready to attack freedom of expression, the Robbins committee saw the (then) statutory protection given to academic freedom as giving some protection for society as a whole from any temptation to mount such attacks.

When Margaret Thatcher's government sought to remove many of the statutory protections of academic freedom which Robbins had regarded as so important, she was partly frustrated by a hostile amendment to her bill in the House of Lords. This incorporated into what became the 1988 Education Reform Act, the legal right of academics in the UK 'to question and test received wisdom and to put forward new ideas and controversial or unpopular opinions without placing themselves in jeopardy of losing their jobs or the privileges they may have'.[35] These principles of academic freedom are thus articulated in the statutes of most UK universities. Professor Kathleen Stock formerly of University of Sussex resigned from her role due to controversy from students and the media regarding her transphobic views.[36] In response to such concerns, the Equality and Human Rights Commission has issued guidance.[37] The Guidance provides detailed procedures for universities to consider in determining whether or not specific events can go ahead. It also provides ways to reduce any potential barriers for freedom of speech in regards to specific events. The guidance also makes clear the statutory requirement of universities to ensure they protect freedom of speech on campus however as well as compliance with the Prevent Strategy and the Equality Act 2010. In 2016 the Warden of Wadham College Oxford, a lawyer previously Director of Public Prosecutions, pointed out that the Conservative government's anti-terrorism "Prevent" strategy legislation has placed on universities 'a specific enforceable duty ... to prevent the expression of views that are otherwise entirely compatible with the criminal law'.[38]

United States

In the United States, academic freedom is generally taken as the notion of academic freedom defined by the "1940 Statement of Principles on Academic Freedom and Tenure", jointly authored by the American Association of University Professors (AAUP) and the Association of American Colleges (AAC, now the Association of American Colleges and Universities).[39] These principles state that "Teachers are entitled to freedom in the classroom in discussing their subject."[39] The statement also permits institutions to impose "limitations of academic freedom because of religious or other aims", so long as they are "clearly stated in writing at the time of the appointment".[39] The Principles have only the character of private pronouncements, not that of binding law.

Seven regional accreditors work with American colleges and universities, including private and religious institutions, to implement this standard. Additionally, the AAUP, which is not an accrediting body, works with these same institutions. The AAUP does not always agree with the regional accrediting bodies on the standards of protection of academic freedom and tenure.[40] The AAUP lists (censures) those colleges and universities which it has found, after its own investigations, to violate these principles.[41]

Israel

Academic freedom in Israel is taken from "the Law of the Council for Higher Education".[42] Paragraph 15 in which it states that "a recognized institution is free to all its academic and administrative matters, within the framework of its budget, as it sees fit. In this paragraph, 'academic and administrative matters' - includes: determining a research and teaching program, appointing the authorities of the institution, appointing teachers and promoting them, determining a teaching method and study, and any other scientific, educational or economic activity". It seems that the paragraph is worded in a clear and comprehensible way even for laymen. The body that is supposed to guard academic freedom, as well as maintain an adequate academic level in the higher education institutions, is the Council for Higher Education - hereinafter "The Council". This council consists of academics who serve as professors at universities, and public figures, with the Minister of Education as the head of the council.

At the disposal of "The Council" is an executive body called the "Committee for Planning and Budgeting", which mainly deals with the matter of universities budgeting and establishing relevant procedures and guidelines for budget and salary matters. Another body that is supposed to guard academic freedom is the "Committee of the Heads of the Universities", which is a voluntary body, but has an influence on the work of the Legislature and "The Council ". Through their employee committees, and through the personal activity of each of them, these bodies can try and influence the preservation of academic freedom.

In general, it can be said that the essential academic freedom, the one aimed at the freedom of teaching and research, was preserved, and the government neither interfered nor tried to interfere in these contents. Its way of influencing this matter is by providing incentives for teaching in this or that way, or for research in certain fields, and this is through grants. The fact that the government finances a significant percentage of the current budget of the universities (around 70% or more), also allows the government to decide what will be the tuition fee for a student at the budgeted universities in Israel.[43] But, In 2021, an academic committee of the prestigious Israel Prize decided to award the Israel Prize in the field of mathematics and computer science to Professor Oded Goldreich from the Weizmann Institute of Science. The Minister of Education did not accept the committee's recommendation on the grounds that Goldreich signed a petition calling for an academic boycott of Ariel University, which is located in the territories of Judea and Samaria, which are occupied territory, as well as for appealing to the German government to revoke its decision that the BDS movement is an anti-Semitic movement. The award committee appealed to the Supreme Court for a violation of its academic freedom, and the court overturned the decision, and ordered the Minister of Education to award Goldreich the award. Godreich received the award a year later.[44]

In recent years, a fierce debate has erupted on the issue of academic freedom, following extreme political statements by a number of university faculty members. The vast majority of the controversial statements were those that called for an academic boycott of Israel, or support for organizations that support an economic and academic boycott of Israel. The question that was at the center of the storm was whether an academic faculty member (hereafter referred to as a professor) is protected by the principle of freedom of speech, or is it forbidden, when he wears the guise of a professor, to express a political position that might identify the position with the institution he allegedly represents. All the more, is it permissible for the professor to express a political position during his teaching, and even to invite representatives of political bodies to lecture in his classes, and without maintaining a balance between those invited.[45] Referring to that background, the Minister of Education at the time Naftali Bennett (in 2017) asked Prof. Asa Kasher to compile an academic code of ethics for universities,[46][47] a code that was approved by "The Council" in March 2018. All the research universities (7 universities), with the exception of Ben-Gurion University of the Negev, which already had for an academic code of ethics that also included the issue of freedom of expression, refused to adopt this code on the grounds of infringing academic freedom.[48]

Academic freedom subject to Auditing

All research universities in Israel have a Chief internal auditor, relatively independent. This issue of the interrelationship between the internal audit in universities and the principle of academic freedom is discussed in detail in an article that appeared in a book issued on behalf of the Ben-Gurion university of the Negev - the only one as mentioned that has a binding academic code of ethicss.[49] In this matter there are some variations among the universities. The university auditor's authority to review issues under the authority of the university senate (especially academic issues and academic appointments) is limited in all universities, except for the Ben-Gurion University in the Negev. There it is written in its constitution and in the general regulations: "There is no control over the University Internal Auditor except the law, the constitution (of the university) and the general regulations", and according to the general regulations the auditor must (only) "respect the academic freedom granted to the university, including its faculty members" . The question immediately arises: who will determine which matter enjoys academic freedom and which does not. According to the article, only the Chief Internal auditor will determine this and in light of 2 rules: 1. Any issue on which the academic regulations stipulate a rule does not enjoy academic freedom, because the faculty members must act according to what is dictated in the regulations; 2. The university auditor will refrain from initiating an audit in the areas that appear in paragraph 15, mentioned above, of the Higher Education Council Law. The author of the article further maintains that the fact that the paragraph indicating the authority of the university auditor by virtue of the "Internal Audit Law 1992" in the Higher Education Council Law appears as a sub-paragraph in section 15, which grants universities and their faculty members academic freedom, adds validity to his approach. To say: academic freedom on the one hand, but not unlimited, and subject to audit on the other hand, and it all involves one short paragraph of the law.

Academic freedom for colleges and universities (institutional autonomy)

A prominent feature of the English university concept is the freedom to appoint faculty, set standards and admit students. This ideal may be better described as institutional autonomy and is distinct from whatever freedom is granted to students and faculty by the institution.[50]

The Supreme Court of the United States said that academic freedom means a university can "determine for itself on academic grounds:

  1. who may teach,
  2. what may be taught,
  3. how it should be taught, and
  4. who may be admitted to study."[51][52][53][54]

In a 2008 case, a federal court in Virginia ruled that professors have no academic freedom; all academic freedom resides with the university or college.[53] In that case, Stronach v. Virginia State University, a district court judge held "that no constitutional right to academic freedom exists that would prohibit senior (university) officials from changing a grade given by (a professor) to one of his students."[53] The court relied on mandatory precedent of the U.S. Supreme Court case of Sweezy v. New Hampshire[52] and a case from the fourth circuit court of appeals.[53][55] The Stronach court also relied on persuasive cases from several circuits of the courts of appeals, including the first,[56] third,[57][58] and seventh[59] circuits. That court distinguished the situation when a university attempts to coerce a professor into changing a grade, which is clearly in violation of the First Amendment, from when university officials may, in their discretionary authority, change the grade upon appeal by a student.[53][60] The Stronach case has gotten significant attention in the academic community as an important precedent.[61]

Relationship to freedom of speech

Academic freedom and free speech rights are not coextensive, although this widely accepted view has been recently challenged by an "institutionalist" perspective on the First Amendment.[62] Academic freedom involves more than speech rights; for example, it includes the right to determine what is taught in the classroom.[63] The AAUP gives teachers a set of guidelines to follow when their ideas are considered threatening to religious, political, or social agendas. When teachers speak or write in public, whether via social media or in academic journals, they are able to articulate their own opinions without the fear from institutional restriction or punishment, but they are encouraged to show restraint and clearly specify that they are not speaking for their institution.[64] In practice, academic freedom is protected by institutional rules and regulations, letters of appointment, faculty handbooks, collective bargaining agreements, and academic custom.[65]

In the U.S., the freedom of speech is guaranteed by the First Amendment, which states that "Congress shall make no law... abridging the freedom of speech, or of the press...." By extension, the First Amendment applies to all governmental institutions, including public universities. The U.S. Supreme Court has consistently held that academic freedom is a First Amendment right at public institutions.[66] However, the United States' First Amendment has generally been held to not apply to private institutions, including religious institutions. These private institutions may honor freedom of speech and academic freedom at their discretion.

Controversies

Evolution debate

Academic freedom is also associated with a movement to introduce intelligent design as an alternative explanation to evolution in US public schools. Supporters claim that academic institutions need to fairly represent all possible explanations for the observed biodiversity on Earth, rather than implying no alternatives to evolutionary theory exist.

Critics of the movement claim intelligent design is religiously motivated pseudoscience and cannot be allowed into the curriculum of US public schools due to the First Amendment to the United States Constitution, often citing Kitzmiller v. Dover Area School District as legal precedent.[67][68] They also reject the allegations of discrimination against proponents of intelligent design, of which investigation showed no evidence.[69]

A number of "academic freedom bills" have been introduced in state legislatures in the United States between 2004 and 2008. The bills were based largely upon language drafted by the Discovery Institute,[70] the hub of the Intelligent Design movement, and derive from language originally drafted for the Santorum Amendment in the United States Senate. According to The Wall Street Journal, the common goal of these bills is to expose more students to articles and videos that undercut evolution, most of which are produced by advocates of intelligent design or biblical creationism.[71] The American Association of University Professors has reaffirmed its opposition to these bills, including any portrayal of creationism as a scientifically credible alternative and any misrepresentation of evolution as scientifically controversial.[72][73] As of June 2008, only the Louisiana bill has been successfully passed into law.[citation needed]

Communism

In the 20th century and particularly the 1950s during McCarthyism, there was much public date in print on Communism's role in academic freedom, e.g., Sidney Hook's Heresy, Yes–Conspiracy, No[74] and Whittaker Chambers' "Is Academic Freedom in Danger?"[75] among many other books and articles.

Diversity Initiatives

Since 2014, Harvard Medical School Dean Jeffrey Flier,[76][77] and American Mathematical Society Vice President Abigail Thompson[78] have contended that academics are asked to support diversity initiatives, and are discouraged from voicing opposition to equity and inclusion through self-censorship, as well as explicit promotion, hiring, and firing.[79][80]

Pontifical universities

Pontifical universities around the world such as The Catholic University of America, the Pontifical University of Saint Thomas Aquinas, Angelicum in Rome, the Université catholique de Louvain in Belgium, and the Pontifical Catholic University of Peru depend for their status as pontifical universities and for the terms of academic freedom on the Pope through the Congregation for Catholic Education. The terms of academic freedom at ecclesiastical institutions of education are outlined in the apostolic constitution Sapientia Christiana.[81]

Specific cases

While some controversies of academic freedom are reflected in proposed laws that would affect large numbers of students through entire regions, many cases involve individual academics that express unpopular opinions or share politically unfavorable information. These individual cases may receive widespread attention and periodically test the limits of, and support for, academic freedom. Several of these specific cases are also the foundations for later legislation.

The Lane Rebels

In the early 1830s, students at the Lane Theological Seminary, in Cincinnati, sponsored a series of debates lasting 18 days. The topic was the American Colonization Society's project of sending free blacks to (not "back to") Africa, specifically Liberia, and opposing freeing slaves unless they agreed to leave the United States immediately. The Society, whose founders and officers were Southern slaveowners, provided funding for existing free blacks to relocate to Liberia, believing that free blacks caused unrest among the slaves, and that the United States was and should remain a white country. (Blacks were not citizens until the ratification of the 14th Amendment in 1868.) The winner of the debate was the rejection of the Society's plan, which at best only helped a few thousand, in favor of abolitionism: the immediate, complete, and uncompensated freeing of all slaves.

The trustees of the Seminary, fearing a repeat of the anti-abolitionist Cincinnati riots of 1829, prohibited any further "off-topic" discussions", overruling the faculty in the process. As a result, the vast majority of the student body left Lane (the "Lane Rebels") to become the initial class of the new Oberlin Collegiate Institute. They first obtained a written guarantee from the Oberlin trustees that there would be no limits on discourse, and that the faculty, not the trustees, would control the internal affairs of the school.[82]

The Bassett Affair at Duke University

The Bassett Affair at Duke University in North Carolina in the early 20th century was an important event in the history of academic freedom.[83] In October 1903, Professor John Spencer Bassett publicly praised Booker T. Washington and drew attention to the racism and white supremacist behavior of the Democratic party. Many media reports castigated Bassett, and several major newspapers published opinion pieces attacking him and demanding his termination. On December 1, 1903, the entire faculty of the college threatened to resign en masse if the board gave in to political pressures and asked Bassett to resign.[84] He resigned after "parents were urged to withdraw their children from the college and churchmen were encouraged not to recommend the college to perspective students."[84] President Teddy Roosevelt later praised Bassett for his willingness to express the truth as he saw it.

Professor Mayer and DeGraff of The University of Missouri

In 1929, Experimental Psychology Professor Max Friedrich Meyer and Sociology Assistant Professor Harmon O. DeGraff were dismissed from their positions at the University of Missouri for advising student Orval Hobart Mowrer regarding distribution of a questionnaire which inquired about attitudes towards partners' sexual tendencies, modern views of marriage, divorce, extramarital sexual relations, and cohabitation.[85][86] The university was subsequently censured by the American Association of University Professors in an early case regarding academic freedom due a tenured professor.[87]

Professor Rice of Rollins College

In a famous case investigated by the American Association of University Professors, President Hamilton Holt of Rollins College in March 1933 fired John Andrew Rice, an atheist scholar and unorthodox teacher, whom Holt had hired, along with three other "golden personalities", in his push to put Rollins on the cutting edge of innovative education. Holt then required all professors to make a "loyalty pledge" to keep their jobs. The American Association of University Professors censured Rollins. Rice and the three other "golden personalities", who were all dismissed for refusing to make the loyalty pledge, founded Black Mountain College.[88]

William Shockley

In 1978, a Nobel prize-winning physicist, electronics inventor, and electrical engineering professor, William Shockley, was concerned about relatively high reproductive rates among people of African descent, because he believed that genetics doomed black people to be intellectually inferior to white people. He stated that he believed his work on race to be more important than his work leading to the Nobel prize.[89] He was strongly criticized for this stance, which raised some concerns about whether criticism of unpopular views of racial differences suppressed academic freedom.[90]

President Summers of Harvard

In 2006, Lawrence Summers, while president of Harvard University, led a discussion that was intended to identify the reasons why fewer women chose to study science and mathematics at advanced levels. He suggested that the possibility of intrinsic gender differences in terms of talent for science and mathematics should be explored. He became the target of considerable public backlash.[91] His critics were, in turn, accused of attempting to suppress academic freedom.[92] Due to the adverse reception to his comments, he resigned after a five-year tenure. Another significant factor of his resignation was several votes of no-confidence placed by the deans of schools, notably multiple professors in the Faculty of Arts and Sciences.[93]

Duke Lacrosse Scandal

The 2006 scandal in which several members of the Duke Lacrosse team were falsely accused of rape raised serious criticisms against exploitation of academic freedom by the university and its faculty to press judgement and deny due process to the three players accused.[94]

Professor Khan of the University of KwaZulu-Natal

In 2006 trade union leader and sociologist Fazel Khan was fired from the University of KwaZulu-Natal in Durban, South Africa after taking a leadership role in a strike.[95] In 2008 international concern was also expressed at attempts to discipline two other academics at the same university – Nithiya Chetty and John van der Berg – for expressing concern about academic freedom at the university.[96]

Author J Michael Bailey of Northwestern University

J. Michael Bailey wrote a popular science-style book, The Man Who Would Be Queen, the idea that trans women are motivated by sexuality. The book was heavily criticized by many academics, including Andrea James who said it exploited vulnerable people, especially children, Dr. Dreger who found that the book misrepresented those it portrayed and "did not qualify as scientific research", and Lynn Conway who found the tone of the book abusive and said that it was a recipe for further discrimination. In 2007 Dr. Conway and Dr. McCloskey filed formal complaints with Northwestern University accusing of Bailey of grossly violating scientific standards "by conducting intimate research observations on human subjects without telling them that they were objects of the study." They also filed a complaint with Illinois state regulators, requesting that they investigate Bailey for practicing psychology without a license.[97] Other academics, have accused him of sexual misconduct.[97]

Professor Li-Ann of New York University School of Law

In 2009 Thio Li-ann withdrew from an appointment at New York University School of Law after controversy erupted about some anti-gay remarks she had made, prompting a discussion of academic freedom within the law school.[98][99] Subsequently, Li-ann was asked to step down from her position in the NYU Law School.[100]

Professor Robinson of the University of California at Santa Barbara

In 2009 the University of California at Santa Barbara charged William I. Robinson with antisemitism after he circulated an email to his class containing photographs and paragraphs of the Holocaust juxtaposed to those of the Gaza Strip.[101] Robinson was fired from the university, but after charges were dropped after a worldwide campaign against the management of the university.[102]

The Diliman Affair of the University of the Philippines

The University of the Philippines at Diliman affair where controversy erupted after Professor Gerardo A. Agulto of the College of Business Administration was sued by MBA graduate student Chanda R. Shahani for a nominal amount in damages for failing him several times in the Strategic Management portion of the Comprehensive Examination. Agulto refused to give a detailed basis for his grades and instead invoked Academic Freedom while Shahani argued in court that Academic Freedom could not be invoked without a rational basis in grading a student.[103]

Professor Salaita of the University of Illinois at Urbana-Champaign

In 2013 the University of Illinois at Urbana–Champaign offered Steven Salaita a faculty position in American Indian studies but then withdrew the offer in 2014, after reviewing some of his comments on Twitter about Israel.[104]

Professor Guth of the University of Kansas

Professor David Guth of the University of Kansas was persecuted by the Kansas Board of Regents due to his tweet, from a personal account linked to the university, regarding the shootings which stated, "#NavyYardShooting The blood is on the hands of the #NRA. Next time, let it be YOUR sons and daughters. Shame on you. May God damn you."[105] Following the controversial comments, Kansas University suspended, but ultimately allowed him to come back. Because of this incident and the moral qualms it raised, the Kansas Board of Regents passed a new policy regarding social media. This new legislature allowed universities to discipline or terminate employees who used social media in ways "contrary to the best interests of the university."[105]

See also

References

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  4. ^ 1940 Statement of Principles on Academic Freedom and Tenure, American Association of University Professors and of the Association of American Colleges, 10 July 2006, p. 4.
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  12. ^ Ralph E. Fuchs (1969). "Academic Freedom—Its Basic Philosophy, Function and History," in Louis Joughin (ed)., Academic Freedom and Tenure: A Handbook of the American Association of University Professors.
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  56. ^ Lovelace v. S.E. Mass. University, 793 F.2d 419, 425 (1st Cir. 1986) ("To accept plaintiff's contention that an untenured teacher's grading policy is constitutionally protected ... would be to constrict the university in defining and performing its educational mission".)
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  58. ^ Brown v. Amenti, 247 F.3d 69, 75 (3d Cir. 2001). (Holding "a public university professor does not have a First Amendment right to expression via the school's grade assignment procedures".)
  59. ^ Wozniak v. Conry, 236 F.3d 888, 891 (7th Cir. 2001). (Holding that "No person has a fundamental right to teach undergraduate engineering classes without following the university's grading rules ...." and that "it is the [u]niversity's name, not [the professor]'s, that appears on the diploma; the [u]niversity, not [the professor], certifies to employers and graduate schools a student's successful completion of a course of study. Universities are entitled to assure themselves that their evaluation systems have been followed; otherwise their credentials are meaningless".)
  60. ^ See Parate v. Isibor, 868 F.2d 821, 827–28 (6th Cir. 1989). (Holding that "a university professor may claim that his assignment of an examination grade or a final grade is communication protected by the First Amendment ... [t]hus, the individual professor may not be compelled, by university officials, to change a grade that the professor previously assigned to her student".
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Further reading

  • Andreescu, Liviu. "Foundations of Academic Freedom: Making New Sense of Some Aging Arguments". Studies in Philosophy and Education (2009) 28.6, 499–515.
  • Andreescu, Liviu. "Individual Academic Freedom and Aprofessional Acts". Educational Theory (2009) 59.5, 559–572.
  • Chesterman, Simon. "Academic Freedom in New Haven and Singapore". Straits Times, 30 March 2012, page A23.
  • Cross, Tom. "Academic Freedom and the Hacker Ethic", Communications of the ACM, June 2006.
  • Ekstrand, Lasse and Wallmon, Monika "". The International Journal of Diversity in Organisations, Communities and Nations (2008) 8.3, 171–174.
  • Fish, Stanley (2006-07-23). "Conspiracy Theories 101". The New York Times Op-Ed.
  • Fletcher, Robert Samuel (1943). "The Academic Freedom Test". A history of Oberlin College from its foundation through the civil war. Oberlin College. pp. 150–166. OCLC 189886.
  • Hofstadter, Richard, Academic Freedom in the Age of the College, Columbia University Press, 1955, 1961.
  • Karran, Terence. "Academic Freedom in Europe: A Preliminary Comparative Analysis". Higher Education Policy (2007) 20, 289–313.
  • Karran, Terence. "Academic Freedom: A Research Bibliography" (2009) has over 1000 entries and is freely downloadable as a pdf from: http://eprints.lincoln.ac.uk/1763/.
  • Metzger, Walter, Academic Freedom in the Age of the University, Columbia University Press, 1955.
  • Mead, Edwin Doak (September 1897). "Academic Freedom in America: The Collision at Brown University". New England Magazine..
  • Nelson, Cary, No University Is an Island: Saving Academic Freedom. New York University Press, 2010. ISBN 978-0-8147-5859-5
  • Suissa, J and Sullivan, A. "The Gender Wars, Academic Freedom and Education". Journal of Philosophy of Education (2021).
  • Russell, Conrad. "Academic Freedom", Routledge (1993) ISBN 0-415-03715-8
  • Sandis, Constantine. "Free Speech Within Reason". Times Higher Education,21 January 2010.
  • Tierney, William G., and Lanford, Michael. "The Question of Academic Freedom: Universal Right or Relative Term". Frontiers of Education in China (2014) 9.1, 4–23.
  • West, Andrew F. (May 1, 1885). "What Is Academic Freedom?". North American Review. pp. 432–444.
  • Whittington, Keith E. (2019). Speak Freely: Why Universities Must Defend Free Speech. Princeton University Press. ISBN 978-0691191522.

External links

  • , International
  • , Australia
  • American Association of University Professors
  • Council for Academic Freedom and Academic Standards, United Kingdom
  • Scholars at Risk
  • Society for Academic Freedom and Scholarship, Canada
Archives
  • Washington Committee for Academic Freedom records. 1947–1949. .84 cubic feet (2 boxes).
  • Naomi Achenbach Benson papers. 1895–1961. 19.5 cubic feet (40 boxes).
  • Garland O. Ethel papers. 1913–1980. 13.00 cubic ft. (13 boxes).
  • Ralph H. Gundlach papers. 1918–1974. 1.47 cubic feet (4 boxes).
  • University of Washington Office of the President records. 1854–2015. 436.48 cubic feet (498 boxes, 2 packages, 2 volumes, and 6 vertical files). Including: 1 cassette audio tape, 11 audio tape reels, 5 film reels, 1 videocassette tape.

academic, freedom, moral, legal, concept, expressing, conviction, that, freedom, inquiry, faculty, members, essential, mission, academy, well, principles, academia, that, scholars, should, have, freedom, teach, communicate, ideas, facts, including, those, that. Academic freedom is a moral and legal concept expressing the conviction that the freedom of inquiry by faculty members is essential to the mission of the academy as well as the principles of academia and that scholars should have freedom to teach or communicate ideas or facts including those that are inconvenient to external political groups or to authorities without fear of repression job loss or imprisonment While the core of academic freedom covers scholars acting in an academic capacity as teachers or researchers expressing strictly scholarly viewpoints an expansive interpretation extends these occupational safeguards to scholars speech on matters outside their professional expertise 1 2 Especially within the anglo saxon discussion it is most commonly defined as a type of freedom of speech while the current scientific discourse in the Americas and Continental Europe more often define it as a human right with freedom of speech just being one aspect among many within the concept of academic freedom Academic freedom is a contested issue and therefore has limitations in practice In the United States for example according to the widely recognized 1940 Statement on Academic Freedom and Tenure of the American Association of University Professors teachers should be careful to avoid controversial matters that are unrelated to the subject discussed When they speak or write in public they are free to express their opinions without fear from institutional censorship or discipline but they should show restraint and clearly indicate that they are not speaking for their institution 3 Academic tenure protects academic freedom by ensuring that teachers can be fired only for causes such as gross professional incompetence or behavior that evokes condemnation from the academic community itself 4 Contents 1 Historical background 2 Rationale 3 For academic staff 3 1 Canada 3 2 China 3 3 France 3 4 Germany 3 5 Ireland 3 6 Mauritius 3 7 Netherlands 3 8 New Zealand 3 9 Philippines 3 10 South Africa 3 11 United Kingdom 3 12 United States 3 13 Israel 3 13 1 Academic freedom subject to Auditing 4 Academic freedom for colleges and universities institutional autonomy 4 1 Relationship to freedom of speech 4 2 Controversies 4 2 1 Evolution debate 4 2 2 Communism 4 2 3 Diversity Initiatives 5 Pontifical universities 6 Specific cases 6 1 The Lane Rebels 6 2 The Bassett Affair at Duke University 6 3 Professor Mayer and DeGraff of The University of Missouri 6 4 Professor Rice of Rollins College 6 5 William Shockley 6 6 President Summers of Harvard 6 7 Duke Lacrosse Scandal 6 8 Professor Khan of the University of KwaZulu Natal 6 9 Author J Michael Bailey of Northwestern University 6 10 Professor Li Ann of New York University School of Law 6 11 Professor Robinson of the University of California at Santa Barbara 6 12 The Diliman Affair of the University of the Philippines 6 13 Professor Salaita of the University of Illinois at Urbana Champaign 6 14 Professor Guth of the University of Kansas 7 See also 8 References 9 Further reading 10 External linksHistorical background Edit Michael Polanyi argued that academic freedom was a fundamental necessity for the production of true knowledge Although the notion of academic freedom has a long implicit history Leiden University founded in 1575 birthplace of the modern concept citation needed the development of this idea cannot be separated from Wilhelm von Humboldt Humboldt was a philosopher and linguist who was given the authority to create a new university in Berlin in the early 19th century He then founded a university that adhered to two principles of academic freedom freedom of scientific inquiry and the unity between research and teaching According to Humboldt the fundamental proposition underlying the principles of academic freedom was to uphold the view that science is not something that has already been found but as knowledge that will never be fully discovered and yet needs to be searched for unceasingly The university he founded later became a model and inspiration for modern colleges in Germany and universities in the West 5 The concept of academic freedom was also clearly formulated in response to the encroachments of the totalitarian state on science and academia in general for the furtherance of its own goals For instance in the Soviet Union scientific research was brought under strict political control in the 1930s A number of research areas were declared bourgeois pseudoscience and forbidden notably genetics 6 see Lysenkoism and sociology 7 The trend toward subjugating science to the interests of the state also had proponents in the West including the influential Marxist John Desmond Bernal who published The Social Function of Science in 1939 In contrast to this approach Michael Polanyi argued that a structure of liberty is essential for the advancement of science that the freedom to pursue science for its own sake is a prerequisite for the production of knowledge through peer review and the scientific method 8 In 1936 as a consequence of an invitation to give lectures for the Ministry of Heavy Industry in the USSR Polanyi met Bukharin who told him that in socialist societies all scientific research is directed to accord with the needs of the latest five year plan Demands in Britain for centrally planned scientific research led Polanyi together with John Baker to found the influential Society for Freedom in Science 9 The society promoted a liberal conception of science as free enquiry against the instrumental view that science should exist primarily to serve the needs of society 10 In a series of articles re published in The Contempt of Freedom 1940 and The Logic of Liberty 1951 Polanyi claimed that co operation amongst scientists is analogous to the way in which agents co ordinate themselves within a free market Just as consumers in a free market determine the value of products science is a spontaneous order that arises as a consequence of open debate amongst specialists Science can therefore only flourish when scientists have the liberty to pursue truth as an end in itself S cientists freely making their own choice of problems and pursuing them in the light of their own personal judgment are in fact co operating as members of a closely knit organization Such self co ordination of independent initiatives leads to a joint result which is unpremeditated by any of those who bring it about Any attempt to organize the group under a single authority would eliminate their independent initiatives and thus reduce their joint effectiveness to that of the single person directing them from the centre It would in effect paralyse their co operation Rationale EditProponents of academic freedom believe that the freedom of inquiry by students and faculty members is essential to the mission of the academy They argue that academic communities are repeatedly targeted for repression due to their ability to shape and control the flow of information When scholars attempt to teach or communicate ideas or facts that are inconvenient to external political groups or to authorities they may find themselves targeted for public vilification job loss imprisonment or even death For example in North Africa a professor of public health discovered that his country s infant mortality rate was higher than government figures indicated He lost his job and was imprisoned 11 12 The fate of biology in the Soviet Union is also cited citation needed as a reason why society has an interest in protecting academic freedom A Soviet biologist Trofim Lysenko rejected Western science then focused primarily on making advances in theoretical genetics based on research with the fruit fly Drosophila melanogaster and proposed a more socially relevant approach to farming that was based on the collectivist principles of dialectical materialism Lysenko called this Michurinism but it is more popularly known today as Lysenkoism Lysenko s ideas proved appealing to the Soviet leadership in part because of their value as propaganda and he was ultimately made director of the Soviet Academy of Agricultural Sciences Subsequently Lysenko directed a purge of scientists who professed harmful ideas resulting in the expulsion imprisonment or death of hundreds of Soviet scientists Lysenko s ideas were then implemented on collectivised farms in the Soviet Union and China Famines that resulted partly from Lysenko s influence are believed to have killed 30 million people in China alone 13 AFAF Academics For Academic Freedom of the United Kingdom 14 is a campaign for lecturers academic staff and researchers who want to make a public statement in favour of free enquiry and free expression Their statement of Academic Freedom has two main principles that academics both inside and outside the classroom have unrestricted liberty to question and test received wisdom and to put forward controversial and unpopular opinions whether or not these are deemed offensive and that academic institutions have no right to curb the exercise of this freedom by members of their staff or to use it as grounds for disciplinary action or dismissal AFAF and those who agree with its principles believe that it is important for academics to be able not only to express their opinions but also to put them to scrutiny and to open further debate They are against the idea of telling the public Platonic noble lies and believe that people need not be protected from radical views Sociologist Ruth Pearce argued that the concept of academic freedom exists to protect scholarship from censure by state or religious authorities and not to defend intolerance 15 For academic staff EditThe concept of academic freedom as a right of faculty members is an established part of most legal systems While in the United States the constitutional protection of academic freedom derives from the guarantee of free speech under the First Amendment the constitutions of other countries particularly in civil law systems typically grant a separate right to free learning teaching and research Canada Edit This section does not cite any sources Please help improve this section by adding citations to reliable sources Unsourced material may be challenged and removed June 2018 Learn how and when to remove this template message During the interwar years cir 1919 1939 Canadian academics were informally expected to be apolitical lest they bring trouble to their respective universities which at the time were very much dependent upon provincial government grants As well many Canadian academics of the time considered their position to be remote from the world of politics and felt they had no place getting involved in political issues However with the increase of socialist activity in Canada during the Great Depression due to the rise of social gospel ideology some left wing academics began taking active part in contemporary political issues outside the university Thus individuals such as Frank H Underhill at the University of Toronto and other members or affiliates with the League for Social Reconstruction or the socialist movement in Canada who held academic positions began to find themselves in precarious positions with their university employers Frank H Underhill for example faced criticism from within and without academia and near expulsion from his university position for his public political comments and his involvement with the League for Social Reconstruction and the Co Operative Commonwealth Federation According to Michiel Horn this era marked a relaxation of the unwritten controls under which many Canadian professors had previously worked The nature of the institutions natural caution and professional pre occupation had before the Depression inhibited the professoriate None of these conditions changed quickly but even at the provincial universities there were brave souls in the 1930s who claimed with varying success the right publicly to discuss controversial subjects and express opinions about them In 2020 the University of Ottawa suspended one of its teachers for using the n word in a metalinguistic way which sparked a controversy over academic freedom China Edit Self censorship in a Chinese academic journal an editor asks the article s author to remove a sentence about blocking of Wikipedia in mainland China as it could cause trouble with the authorities Academic freedom is severely limited in China 16 17 18 Academics have noted an incentive not to express incorrect opinions about issues sensitive to the Government of China and the ruling Chinese Communist Party CCP 19 20 These efforts have been effective in causing academics to self censor and shift academic discourse 21 In December 2020 the Associated Press reported that China was controlling scientific research into the origins of COVID 19 under direct orders from CCP general secretary Xi Jinping According to the report an order by China s State Council required all research to be approved by a task force under their management saying scientific publication should be orchestrated like a game of chess warning that those who publish without permission will be held accountable 22 23 France Edit Professors at public French universities and researchers in public research laboratories are expected as are all civil servants to behave in a neutral manner and to not favor any particular political or religious point of view during the course of their duties However the academic freedom of university professors is a fundamental principle recognized by the laws of the Republic as defined by the Constitutional Council furthermore statute law declares about higher education that teachers researchers university professors and assistant professors researchers and teachers are fully independent and enjoy full freedom of speech in the course of their research and teaching activities provided they respect following university traditions and the dispositions of this code principles of tolerance and objectivity 24 The nomination and promotion of professors is largely done through a process of peer review rather than through normal administrative procedures Germany Edit The German Constitution German Grundgesetz specifically grants academic freedom Art and science research and teaching are free Freedom of teaching does not absolve from loyalty to the constitution Art 5 para 3 In a tradition reaching back to the 19th century jurisdiction has understood this right as one to teach Lehrfreiheit study Lernfreiheit and conduct research Freiheit der Wissenschaft freely although the last concept has sometimes been taken as a cover term for the first two Lehrfreiheit embraces the right of professors to determine the content of their lectures and to publish the results of their research without prior approval Since professors through their Habilitation receive the right to teach Latin venia docendi in a particular academic field academic freedom is deemed to cover at least the entirety of this field Lernfreiheit means a student s right to determine an individual course of study Finally Freiheit der Wissenschaft permits academic self governance and grants the university control of its internal affairs Ireland Edit Protections for academic freedom are provided in Section 14 of the 1997 Universities Act 25 It provides academics with protection for research teaching and other activity to question and test received wisdom to put forward new ideas and to state controversial or unpopular opinions without being disadvantaged Mauritius Edit In Mauritius the academic staff have the following rights which are stated in the Chapter II Constitution of Mauritius the protection of Freedom of Conscience Protection of Freedom of Expression Protection of Freedom of Assembly and Association Protection of Freedom to Establish schools and the Protection from Discrimination 26 In a 2012 paper on the University of Mauritius the author states that although there are no records of abuse of human rights or freedom of the state subtle threats to freedom of expression do exist especially with regard to criticisms of ruling political parties and their leaders as well as religious groups 27 The government of Mauritius endorses the practice of academic freedom in the tertiary institutions of the country 27 Academic freedom became a public issue in May 2009 when the University of Mauritius spoke out against the previous vice chancellor Professor I Fagoonee who had forwarded a circular sent by the Ministry of Education to academics 27 This circular targeted public officers and required them to consult their superiors before speaking to the press According to the paper academics were annoyed by the fact that the vice chancellor had endorsed the circular by sending it to them when it was addressed to public officers 27 In an interview the vice chancellor stated that while academics were free to speak to the press they should not compromise university policy or government policy 27 An academic spoke to the prime minister and the issue was eventually taken up to parliament 27 The vice chancellor was then required to step down 27 In return the government publicly endorsed the practice of academic freedom 27 The institutional bureaucracy and the dependence on the state for funds has restricted the freedom of academics to criticize government policy 27 An interview with Dr Kasenally an educator at the University of Mauritius expresses her views on academic freedom in the university 27 The professor states that in 1970s to 1980s the university was at the forefront of debates 27 But in the 1990s the university stepped away from controversial debates 27 In 1986 the rights of academics to engage in politics was removed to curtail academic freedom 27 Academics at the University of Mauritius have thus been encouraged to not express their views or ideas especially if the views oppose those of the management or government 27 While there have been no cases of arrests or extreme detention of academics there is a fear that it would hinder their career progress especially at the level of a promotion thus the academics try to avoid participating in controversial debates 27 Netherlands Edit In the Netherlands the academic freedom is limited In November 1985 the Dutch Ministry of Education published a policy paper titled Higher Education Autonomy and Quality 28 This paper had a proposal that steered away from traditional education and informed that the future of higher education sector should not be regulated by the central government 28 In 1992 the Law of Higher Education and Research Wet op het hoger onderwijs en wetenschappelijk onderzoek article 1 6 was published and became effective in 1993 28 However this law governs only certain institutions 28 Furthermore the above provision is part of an ordinary statute and lacks constitutional status so it can be changed anytime by a simple majority in Parliament New Zealand Edit Academic freedom pertains to forms of expression by academic staff engaged in scholarship and is defined by the Education Act 1989 s161 2 as a The freedom of academic staff and students within the law to question and test received wisdom to put forward new ideas and to state controversial or unpopular opinions b The freedom of academic staff and students to engage in research c The freedom of the university and its staff to regulate the subject matter of courses taught at the university d The freedom of the university and its staff to teach and assess students in the manner they consider best promotes learning and e The freedom of the university through its council and vice chancellor to appoint its own staff 29 Philippines Edit The 1987 Philippine Constitution states that Academic Freedom shall be enjoyed in all institutions of higher learning 30 Philippine jurisprudence and courts of law including the Philippine Supreme Court tend to reflexively defer to the institutional autonomy of higher institutions of learning in determining academic decisions with respect to the outcomes of individual cases filed in the courts regarding the abuse of Academic Freedom by professors despite the individual merits or demerits of any cases 31 A closely watched case was the controversial case of University of the Philippines at Diliman Sociology Professor Sarah Raymundo who was not granted tenure due to an appeal by the minority dissenting vote within the faculty of the Sociology Department This decision was sustained upon appeal by the dissenting faculty and Professor Raymundo to the University of the Philippines at Diliman Chancellor Sergio S Cao and though the case was elevated to University of the Philippines System President Emerlinda R Roman Roman denied the appeal which was elevated by Professor Raymundo to the university s board of regents for decision and the BOR granted her request for tenure A major bone of contention among the supporters of Professor Raymundo was not to question the institutional Academic Freedom of the department in not granting her tenure but in asking for transparency in how the Academic Freedom of the department was exercised in keeping with traditions within the University of the Philippines in providing a basis that may be subject to peer review for Academic decisions made under the mantle of Academic Freedom South Africa Edit The South African Constitution of 1996 offers protection of academic freedom and the freedom of scholarly research 32 Academic freedom became a main principle for higher education by 1997 32 Three main threats are believed to jeopardize academic freedom government regulations excessive influence of private sector sponsor on a university and limitations of freedom of speech in universities 32 There have been an abundance of scandals over the restricted academic freedom at a number of universities in South Africa 33 The University of KwaZulu Natal received fame over its restricted academic freedom and the scandal that occurred in 2007 33 In this scandal a sociology lecturer Fazel Khan was fired in April 2007 for bringing the university into disrepute after he released information to the news media 33 According to Khan he had been airbrushed from a photograph in a campus publication because of his participation in a staff strike last February 33 In light of this scandal the South African Council on Higher Education released a report stating that the state is influencing academic freedom 33 In particular public universities are more susceptible to political pressure because they receive funds from the public 33 United Kingdom Edit The Robbins Report on Higher Education 34 commissioned by the British government and published in 1963 devoted a full chapter Chapter XVI to Academic freedom and its scope This gives a detailed discussion of the importance attached both to freedom of individual academics and of the institution itself In a world both then and now where illiberal governments are all too ready to attack freedom of expression the Robbins committee saw the then statutory protection given to academic freedom as giving some protection for society as a whole from any temptation to mount such attacks When Margaret Thatcher s government sought to remove many of the statutory protections of academic freedom which Robbins had regarded as so important she was partly frustrated by a hostile amendment to her bill in the House of Lords This incorporated into what became the 1988 Education Reform Act the legal right of academics in the UK to question and test received wisdom and to put forward new ideas and controversial or unpopular opinions without placing themselves in jeopardy of losing their jobs or the privileges they may have 35 These principles of academic freedom are thus articulated in the statutes of most UK universities Professor Kathleen Stock formerly of University of Sussex resigned from her role due to controversy from students and the media regarding her transphobic views 36 In response to such concerns the Equality and Human Rights Commission has issued guidance 37 The Guidance provides detailed procedures for universities to consider in determining whether or not specific events can go ahead It also provides ways to reduce any potential barriers for freedom of speech in regards to specific events The guidance also makes clear the statutory requirement of universities to ensure they protect freedom of speech on campus however as well as compliance with the Prevent Strategy and the Equality Act 2010 In 2016 the Warden of Wadham College Oxford a lawyer previously Director of Public Prosecutions pointed out that the Conservative government s anti terrorism Prevent strategy legislation has placed on universities a specific enforceable duty to prevent the expression of views that are otherwise entirely compatible with the criminal law 38 United States Edit In the United States academic freedom is generally taken as the notion of academic freedom defined by the 1940 Statement of Principles on Academic Freedom and Tenure jointly authored by the American Association of University Professors AAUP and the Association of American Colleges AAC now the Association of American Colleges and Universities 39 These principles state that Teachers are entitled to freedom in the classroom in discussing their subject 39 The statement also permits institutions to impose limitations of academic freedom because of religious or other aims so long as they are clearly stated in writing at the time of the appointment 39 The Principles have only the character of private pronouncements not that of binding law Seven regional accreditors work with American colleges and universities including private and religious institutions to implement this standard Additionally the AAUP which is not an accrediting body works with these same institutions The AAUP does not always agree with the regional accrediting bodies on the standards of protection of academic freedom and tenure 40 The AAUP lists censures those colleges and universities which it has found after its own investigations to violate these principles 41 Israel Edit Academic freedom in Israel is taken from the Law of the Council for Higher Education 42 Paragraph 15 in which it states that a recognized institution is free to all its academic and administrative matters within the framework of its budget as it sees fit In this paragraph academic and administrative matters includes determining a research and teaching program appointing the authorities of the institution appointing teachers and promoting them determining a teaching method and study and any other scientific educational or economic activity It seems that the paragraph is worded in a clear and comprehensible way even for laymen The body that is supposed to guard academic freedom as well as maintain an adequate academic level in the higher education institutions is the Council for Higher Education hereinafter The Council This council consists of academics who serve as professors at universities and public figures with the Minister of Education as the head of the council At the disposal of The Council is an executive body called the Committee for Planning and Budgeting which mainly deals with the matter of universities budgeting and establishing relevant procedures and guidelines for budget and salary matters Another body that is supposed to guard academic freedom is the Committee of the Heads of the Universities which is a voluntary body but has an influence on the work of the Legislature and The Council Through their employee committees and through the personal activity of each of them these bodies can try and influence the preservation of academic freedom In general it can be said that the essential academic freedom the one aimed at the freedom of teaching and research was preserved and the government neither interfered nor tried to interfere in these contents Its way of influencing this matter is by providing incentives for teaching in this or that way or for research in certain fields and this is through grants The fact that the government finances a significant percentage of the current budget of the universities around 70 or more also allows the government to decide what will be the tuition fee for a student at the budgeted universities in Israel 43 But In 2021 an academic committee of the prestigious Israel Prize decided to award the Israel Prize in the field of mathematics and computer science to Professor Oded Goldreich from the Weizmann Institute of Science The Minister of Education did not accept the committee s recommendation on the grounds that Goldreich signed a petition calling for an academic boycott of Ariel University which is located in the territories of Judea and Samaria which are occupied territory as well as for appealing to the German government to revoke its decision that the BDS movement is an anti Semitic movement The award committee appealed to the Supreme Court for a violation of its academic freedom and the court overturned the decision and ordered the Minister of Education to award Goldreich the award Godreich received the award a year later 44 In recent years a fierce debate has erupted on the issue of academic freedom following extreme political statements by a number of university faculty members The vast majority of the controversial statements were those that called for an academic boycott of Israel or support for organizations that support an economic and academic boycott of Israel The question that was at the center of the storm was whether an academic faculty member hereafter referred to as a professor is protected by the principle of freedom of speech or is it forbidden when he wears the guise of a professor to express a political position that might identify the position with the institution he allegedly represents All the more is it permissible for the professor to express a political position during his teaching and even to invite representatives of political bodies to lecture in his classes and without maintaining a balance between those invited 45 Referring to that background the Minister of Education at the time Naftali Bennett in 2017 asked Prof Asa Kasher to compile an academic code of ethics for universities 46 47 a code that was approved by The Council in March 2018 All the research universities 7 universities with the exception of Ben Gurion University of the Negev which already had for an academic code of ethics that also included the issue of freedom of expression refused to adopt this code on the grounds of infringing academic freedom 48 Academic freedom subject to Auditing Edit All research universities in Israel have a Chief internal auditor relatively independent This issue of the interrelationship between the internal audit in universities and the principle of academic freedom is discussed in detail in an article that appeared in a book issued on behalf of the Ben Gurion university of the Negev the only one as mentioned that has a binding academic code of ethicss 49 In this matter there are some variations among the universities The university auditor s authority to review issues under the authority of the university senate especially academic issues and academic appointments is limited in all universities except for the Ben Gurion University in the Negev There it is written in its constitution and in the general regulations There is no control over the University Internal Auditor except the law the constitution of the university and the general regulations and according to the general regulations the auditor must only respect the academic freedom granted to the university including its faculty members The question immediately arises who will determine which matter enjoys academic freedom and which does not According to the article only the Chief Internal auditor will determine this and in light of 2 rules 1 Any issue on which the academic regulations stipulate a rule does not enjoy academic freedom because the faculty members must act according to what is dictated in the regulations 2 The university auditor will refrain from initiating an audit in the areas that appear in paragraph 15 mentioned above of the Higher Education Council Law The author of the article further maintains that the fact that the paragraph indicating the authority of the university auditor by virtue of the Internal Audit Law 1992 in the Higher Education Council Law appears as a sub paragraph in section 15 which grants universities and their faculty members academic freedom adds validity to his approach To say academic freedom on the one hand but not unlimited and subject to audit on the other hand and it all involves one short paragraph of the law Academic freedom for colleges and universities institutional autonomy EditA prominent feature of the English university concept is the freedom to appoint faculty set standards and admit students This ideal may be better described as institutional autonomy and is distinct from whatever freedom is granted to students and faculty by the institution 50 The Supreme Court of the United States said that academic freedom means a university can determine for itself on academic grounds who may teach what may be taught how it should be taught and who may be admitted to study 51 52 53 54 In a 2008 case a federal court in Virginia ruled that professors have no academic freedom all academic freedom resides with the university or college 53 In that case Stronach v Virginia State University a district court judge held that no constitutional right to academic freedom exists that would prohibit senior university officials from changing a grade given by a professor to one of his students 53 The court relied on mandatory precedent of the U S Supreme Court case of Sweezy v New Hampshire 52 and a case from the fourth circuit court of appeals 53 55 The Stronach court also relied on persuasive cases from several circuits of the courts of appeals including the first 56 third 57 58 and seventh 59 circuits That court distinguished the situation when a university attempts to coerce a professor into changing a grade which is clearly in violation of the First Amendment from when university officials may in their discretionary authority change the grade upon appeal by a student 53 60 The Stronach case has gotten significant attention in the academic community as an important precedent 61 Relationship to freedom of speech Edit Academic freedom and free speech rights are not coextensive although this widely accepted view has been recently challenged by an institutionalist perspective on the First Amendment 62 Academic freedom involves more than speech rights for example it includes the right to determine what is taught in the classroom 63 The AAUP gives teachers a set of guidelines to follow when their ideas are considered threatening to religious political or social agendas When teachers speak or write in public whether via social media or in academic journals they are able to articulate their own opinions without the fear from institutional restriction or punishment but they are encouraged to show restraint and clearly specify that they are not speaking for their institution 64 In practice academic freedom is protected by institutional rules and regulations letters of appointment faculty handbooks collective bargaining agreements and academic custom 65 In the U S the freedom of speech is guaranteed by the First Amendment which states that Congress shall make no law abridging the freedom of speech or of the press By extension the First Amendment applies to all governmental institutions including public universities The U S Supreme Court has consistently held that academic freedom is a First Amendment right at public institutions 66 However the United States First Amendment has generally been held to not apply to private institutions including religious institutions These private institutions may honor freedom of speech and academic freedom at their discretion Controversies Edit Evolution debate Edit See also Scopes Monkey Trial Academic freedom is also associated with a movement to introduce intelligent design as an alternative explanation to evolution in US public schools Supporters claim that academic institutions need to fairly represent all possible explanations for the observed biodiversity on Earth rather than implying no alternatives to evolutionary theory exist Critics of the movement claim intelligent design is religiously motivated pseudoscience and cannot be allowed into the curriculum of US public schools due to the First Amendment to the United States Constitution often citing Kitzmiller v Dover Area School District as legal precedent 67 68 They also reject the allegations of discrimination against proponents of intelligent design of which investigation showed no evidence 69 A number of academic freedom bills have been introduced in state legislatures in the United States between 2004 and 2008 The bills were based largely upon language drafted by the Discovery Institute 70 the hub of the Intelligent Design movement and derive from language originally drafted for the Santorum Amendment in the United States Senate According to The Wall Street Journal the common goal of these bills is to expose more students to articles and videos that undercut evolution most of which are produced by advocates of intelligent design or biblical creationism 71 The American Association of University Professors has reaffirmed its opposition to these bills including any portrayal of creationism as a scientifically credible alternative and any misrepresentation of evolution as scientifically controversial 72 73 As of June 2008 update only the Louisiana bill has been successfully passed into law citation needed Communism Edit In the 20th century and particularly the 1950s during McCarthyism there was much public date in print on Communism s role in academic freedom e g Sidney Hook s Heresy Yes Conspiracy No 74 and Whittaker Chambers Is Academic Freedom in Danger 75 among many other books and articles Diversity Initiatives Edit Since 2014 Harvard Medical School Dean Jeffrey Flier 76 77 and American Mathematical Society Vice President Abigail Thompson 78 have contended that academics are asked to support diversity initiatives and are discouraged from voicing opposition to equity and inclusion through self censorship as well as explicit promotion hiring and firing 79 80 Pontifical universities EditPontifical universities around the world such as The Catholic University of America the Pontifical University of Saint Thomas Aquinas Angelicum in Rome the Universite catholique de Louvain in Belgium and the Pontifical Catholic University of Peru depend for their status as pontifical universities and for the terms of academic freedom on the Pope through the Congregation for Catholic Education The terms of academic freedom at ecclesiastical institutions of education are outlined in the apostolic constitution Sapientia Christiana 81 Specific cases EditWhile some controversies of academic freedom are reflected in proposed laws that would affect large numbers of students through entire regions many cases involve individual academics that express unpopular opinions or share politically unfavorable information These individual cases may receive widespread attention and periodically test the limits of and support for academic freedom Several of these specific cases are also the foundations for later legislation The Lane Rebels Edit In the early 1830s students at the Lane Theological Seminary in Cincinnati sponsored a series of debates lasting 18 days The topic was the American Colonization Society s project of sending free blacks to not back to Africa specifically Liberia and opposing freeing slaves unless they agreed to leave the United States immediately The Society whose founders and officers were Southern slaveowners provided funding for existing free blacks to relocate to Liberia believing that free blacks caused unrest among the slaves and that the United States was and should remain a white country Blacks were not citizens until the ratification of the 14th Amendment in 1868 The winner of the debate was the rejection of the Society s plan which at best only helped a few thousand in favor of abolitionism the immediate complete and uncompensated freeing of all slaves The trustees of the Seminary fearing a repeat of the anti abolitionist Cincinnati riots of 1829 prohibited any further off topic discussions overruling the faculty in the process As a result the vast majority of the student body left Lane the Lane Rebels to become the initial class of the new Oberlin Collegiate Institute They first obtained a written guarantee from the Oberlin trustees that there would be no limits on discourse and that the faculty not the trustees would control the internal affairs of the school 82 The Bassett Affair at Duke University Edit The Bassett Affair at Duke University in North Carolina in the early 20th century was an important event in the history of academic freedom 83 In October 1903 Professor John Spencer Bassett publicly praised Booker T Washington and drew attention to the racism and white supremacist behavior of the Democratic party Many media reports castigated Bassett and several major newspapers published opinion pieces attacking him and demanding his termination On December 1 1903 the entire faculty of the college threatened to resign en masse if the board gave in to political pressures and asked Bassett to resign 84 He resigned after parents were urged to withdraw their children from the college and churchmen were encouraged not to recommend the college to perspective students 84 President Teddy Roosevelt later praised Bassett for his willingness to express the truth as he saw it Professor Mayer and DeGraff of The University of Missouri Edit In 1929 Experimental Psychology Professor Max Friedrich Meyer and Sociology Assistant Professor Harmon O DeGraff were dismissed from their positions at the University of Missouri for advising student Orval Hobart Mowrer regarding distribution of a questionnaire which inquired about attitudes towards partners sexual tendencies modern views of marriage divorce extramarital sexual relations and cohabitation 85 86 The university was subsequently censured by the American Association of University Professors in an early case regarding academic freedom due a tenured professor 87 Professor Rice of Rollins College Edit In a famous case investigated by the American Association of University Professors President Hamilton Holt of Rollins College in March 1933 fired John Andrew Rice an atheist scholar and unorthodox teacher whom Holt had hired along with three other golden personalities in his push to put Rollins on the cutting edge of innovative education Holt then required all professors to make a loyalty pledge to keep their jobs The American Association of University Professors censured Rollins Rice and the three other golden personalities who were all dismissed for refusing to make the loyalty pledge founded Black Mountain College 88 William Shockley Edit In 1978 a Nobel prize winning physicist electronics inventor and electrical engineering professor William Shockley was concerned about relatively high reproductive rates among people of African descent because he believed that genetics doomed black people to be intellectually inferior to white people He stated that he believed his work on race to be more important than his work leading to the Nobel prize 89 He was strongly criticized for this stance which raised some concerns about whether criticism of unpopular views of racial differences suppressed academic freedom 90 President Summers of Harvard Edit In 2006 Lawrence Summers while president of Harvard University led a discussion that was intended to identify the reasons why fewer women chose to study science and mathematics at advanced levels He suggested that the possibility of intrinsic gender differences in terms of talent for science and mathematics should be explored He became the target of considerable public backlash 91 His critics were in turn accused of attempting to suppress academic freedom 92 Due to the adverse reception to his comments he resigned after a five year tenure Another significant factor of his resignation was several votes of no confidence placed by the deans of schools notably multiple professors in the Faculty of Arts and Sciences 93 Duke Lacrosse Scandal Edit The 2006 scandal in which several members of the Duke Lacrosse team were falsely accused of rape raised serious criticisms against exploitation of academic freedom by the university and its faculty to press judgement and deny due process to the three players accused 94 Professor Khan of the University of KwaZulu Natal Edit In 2006 trade union leader and sociologist Fazel Khan was fired from the University of KwaZulu Natal in Durban South Africa after taking a leadership role in a strike 95 In 2008 international concern was also expressed at attempts to discipline two other academics at the same university Nithiya Chetty and John van der Berg for expressing concern about academic freedom at the university 96 Author J Michael Bailey of Northwestern University Edit J Michael Bailey wrote a popular science style book The Man Who Would Be Queen the idea that trans women are motivated by sexuality The book was heavily criticized by many academics including Andrea James who said it exploited vulnerable people especially children Dr Dreger who found that the book misrepresented those it portrayed and did not qualify as scientific research and Lynn Conway who found the tone of the book abusive and said that it was a recipe for further discrimination In 2007 Dr Conway and Dr McCloskey filed formal complaints with Northwestern University accusing of Bailey of grossly violating scientific standards by conducting intimate research observations on human subjects without telling them that they were objects of the study They also filed a complaint with Illinois state regulators requesting that they investigate Bailey for practicing psychology without a license 97 Other academics have accused him of sexual misconduct 97 Professor Li Ann of New York University School of Law Edit In 2009 Thio Li ann withdrew from an appointment at New York University School of Law after controversy erupted about some anti gay remarks she had made prompting a discussion of academic freedom within the law school 98 99 Subsequently Li ann was asked to step down from her position in the NYU Law School 100 Professor Robinson of the University of California at Santa Barbara Edit In 2009 the University of California at Santa Barbara charged William I Robinson with antisemitism after he circulated an email to his class containing photographs and paragraphs of the Holocaust juxtaposed to those of the Gaza Strip 101 Robinson was fired from the university but after charges were dropped after a worldwide campaign against the management of the university 102 The Diliman Affair of the University of the Philippines Edit The University of the Philippines at Diliman affair where controversy erupted after Professor Gerardo A Agulto of the College of Business Administration was sued by MBA graduate student Chanda R Shahani for a nominal amount in damages for failing him several times in the Strategic Management portion of the Comprehensive Examination Agulto refused to give a detailed basis for his grades and instead invoked Academic Freedom while Shahani argued in court that Academic Freedom could not be invoked without a rational basis in grading a student 103 Professor Salaita of the University of Illinois at Urbana Champaign Edit In 2013 the University of Illinois at Urbana Champaign offered Steven Salaita a faculty position in American Indian studies but then withdrew the offer in 2014 after reviewing some of his comments on Twitter about Israel 104 Professor Guth of the University of Kansas Edit Professor David Guth of the University of Kansas was persecuted by the Kansas Board of Regents due to his tweet from a personal account linked to the university regarding the shootings which stated NavyYardShooting The blood is on the hands of the NRA Next time let it be YOUR sons and daughters Shame on you May God damn you 105 Following the controversial comments Kansas University suspended but ultimately allowed him to come back Because of this incident and the moral qualms it raised the Kansas Board of Regents passed a new policy regarding social media This new legislature allowed universities to discipline or terminate employees who used social media in ways contrary to the best interests of the university 105 See also EditAcademic freedom in the Middle East Anthony D Smith Chicago principles Foundation for Individual Rights and Expression Freedom of education Freedom of speech Hans Hermann Hoppe involved in an academic freedom controversy at the University of Nevada Las Vegas List of educational institutions closed in the 2016 Turkish purges Network for Education and Academic Rights Politicization of science Pedagogy Right to science and culture Scholars at Risk Society for Academic Freedom and Scholarship Speech code University of Austin proposed U S university announced in response to academic freedom controversies Urofsky v GilmoreReferences Edit Andreescu Liviu 2009 Individual academic freedom and aprofessional acts Educational Theory 59 5 559 578 doi 10 1111 j 1741 5446 2009 00338 x Van Alstyne William 1975 The Specific Theory of Academic Freedom and the General Issue of Civil Liberty In The Concept of Academic Freedom ed Edmund Pincoffs Austin University of Texas Press 1975 1940 Statement of Principles on Academic Freedom and Tenure American Association of University Professors and of the Association of American Colleges 10 July 2006 p 3 1940 Statement of Principles on Academic Freedom and Tenure American Association of University Professors and of the Association of American Colleges 10 July 2006 p 4 Muller Steven Wilhelm von Humboldt and the University in the United States PDF Johns Hopkins APL Technical Digest 6 3 253 256 Retrieved 5 April 2022 Glass Bentley May 1962 Scientists in Politics Bulletin of the Atomic Scientists 18 5 3 Bibcode 1962BuAtS 18e 2G doi 10 1080 00963402 1962 11454353 Greenfeld Liah 1988 01 01 Soviet Sociology and Sociology in the Soviet Union Annual Review of Sociology 14 99 123 doi 10 1146 annurev soc 14 1 99 JSTOR 2083312 Polanyi Michael 1958 Personal Knowledge ISBN 0 7734 9150 3 McGucken William 1978 On Freedom and Planning in Science The Society for Freedom in Science 1940 1946 Minerva 16 1 42 72 doi 10 1007 BF01102181 S2CID 143772928 McGucken William 1978 On Freedom and Planning in Science The Society for Freedom in Science 1940 1946 Minerva 16 42 72 doi 10 1007 bf01102181 S2CID 143772928 Robert Quinn 2004 Defending Dangerous Minds Archived 2010 06 26 at the Wayback Machine Ralph E Fuchs 1969 Academic Freedom Its Basic Philosophy Function and History in Louis Joughin ed Academic Freedom and Tenure A Handbook of the American Association of University Professors Jasper Becker 1996 Hungry Ghosts Mao s Secret Famine New York Free Press Academics for Academic Freedom UK Retrieved 19 May 2014 Pearce Ruth 2021 Academic freedom and the paradox of tolerance PDF Nature Human Behaviour 5 11 1461 doi 10 1038 s41562 021 01214 5 PMID 34795420 S2CID 244409335 Academic freedom in China PDF ProQuest Zha Qiang 2012 Intellectuals Academic Freedom and University Autonomy in China University Governance and Reform pp 209 224 doi 10 1057 9781137040107 14 ISBN 978 1 349 34276 1 Zha Qiang Shen Wenqin 2018 The Paradox of Academic Freedom in the Chinese Context History of Education Quarterly 58 3 447 452 doi 10 1017 heq 2018 22 S2CID 149712417 Fish Isaac Stone 2018 09 04 America s Elite Universities Are Censoring Themselves on China The New Republic Retrieved 2020 12 29 Redden Elizabeth 2018 01 03 Scholars and politicians raise concerns about the Chinese government s influence over international academe Inside Higher Ed Retrieved 2020 12 29 The End of the Harvard Century Magazine The Harvard Crimson 2015 03 16 Retrieved 2020 12 29 China clamps down in hidden hunt for coronavirus origins AP NEWS 30 December 2020 China delayed releasing coronavirus info frustrating WHO Associated Press 20 April 2021 French Education Code L952 2 French Government Universities Act 1997 Irishstatutebook ie 1997 05 14 Retrieved 2020 12 14 Russo Charles J 2013 Handbook of Comparative Higher Education Law Lanham Maryland Rowman and Littlefield Publishers Inc pp 191 207 ISBN 978 1 4758 0405 8 a b c d e f g h i j k l m n o Ramtohul Ramola 2012 Academic Freedom in a State Sponsored African University The Case of the University of Mauritius AAUP Journal of Academic Freedom 3 1 17 via American Association of University Professors a b c d Russo Charles J 2013 Handbook of Comparative Higher Education Law Lanham Maryland Rowman and Littlefield Publishers Inc pp 207 229 ISBN 978 1 4758 0405 8 Education Act 1989 No 80 as at 28 September 2017 Public Act 161 Academic freedom New Zealand Legislation Retrieved 10 January 2018 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES CHAN ROBLES VIRTUAL LAW LIBRARY Retrieved 3 May 2015 Notice of Full Disclosure Retrieved 3 May 2015 a b c Academic Freedom statement from the Academy of Science of South Africa ASSAf South African Journal of Science 106 3 4 16 April 2010 a b c d e f Lindow Megan 25 May 2007 Academic Freedom Is Eroding in South Africa Critics Say Chronicle of Higher Education 53 38 A50 Robbins Report on Higher Education October 1963 Retrieved 15 July 2019 1988 Education Reform Act The National Archives Burns A 2019 The rise of anti trans radical feminists explained Vox Freedom of expression a guide for higher education providers and students unions in England and Wales Equality and Human Rights Commission 2019 Macdonald Ken February 2016 PREVENT Counter Terrorism and Freedom Wadham College University of Oxford Retrieved 15 July 2019 a b c 1940 Statement of Principles on Academic Freedom and Tenure AAUP AAUP 1940 Statement of Principles on Academic Freedom and Tenure Archived from the original on 2007 02 08 Retrieved 2006 10 13 accessed March 23 2007 For example the Northwest Association of Schools and of Colleges and Universities reviewed Brigham Young University s academic freedom statement and found it in compliance with the 1940 statement while AAUP has found Brigham Young University to be in violation Censure List AAUP 18 July 2006 Retrieved 3 May 2015 The Law of the Councile for Higher Education 1958 Paragraph 15 he Gori Zilka Tuition policy in higher education institutions in Israel Shmuel Na aman Institute Technion 2006 in Henrew tamar Trabelsi Hadad amp Eynav Halabi 11 April 2022 End of the saga Prof Oded Goldreich received the Israel Prize in a small ceremony Ynet As for summoning political figures to classes it was usually professors and classes in the field of political science politics and government which apparently or not summoning these figures and the discourse accompanying their words is part of the professor s teaching method David Tversky Limiting Freedom of Expression or Setting Norms Storm over the code of ethics for academia Davar June 2017 in Hebrew Katsman Hayim 29 January 2019 Protecting academic freedom in Israeli higher education University of Washington January 29 2019 Adir Yanko Academia Without Political Opinions on the way to the approval of the ethical code Ynet March 2018 in Hebrew Ron Avni The Internal Audit at the University and Academic Freedom Between Conflict and Harmony In J Grados and Y Nevo editors Science and Spirit in the Negev pp 581 589 BGU 2014 in Hebrew Kemp p 7 Regents of the University of California v Bakke 438 U S 265 312 1978 a b Sweezy v New Hampshire 354 U S 234 262 263 1957 Felix Frankfurter Justice a b c d e Stronach v Virginia State University civil action 3 07 CV 646 HEH E D Va Jan 15 2008 Academic Freedom of Professors and Institutions AAUP www aaup org 20 July 2006 Retrieved 2021 01 15 See Urofsky v Gilmore 216 F 3d 401 414 415 4th Cir 2000 Noting that cases that have referred to a First Amendment right of academic freedom have done so generally in terms of the institution not the individual and Significantly the court has never recognized that professors possess a First Amendment right of academic freedom to determine for themselves the content of their courses and scholarship despite opportunities to do so Lovelace v S E Mass University 793 F 2d 419 425 1st Cir 1986 To accept plaintiff s contention that an untenured teacher s grading policy is constitutionally protected would be to constrict the university in defining and performing its educational mission Edwards v California University of Pennsylvania 156 F 3d 488 491 3d Cir 1998 In Edwards v Cal Univ of Pa The court held that the First Amendment does not allow a university professor to decide what is taught in the classroom but rather protects the university s right to select the curriculum as cited in Stronach Brown v Amenti 247 F 3d 69 75 3d Cir 2001 Holding a public university professor does not have a First Amendment right to expression via the school s grade assignment procedures Wozniak v Conry 236 F 3d 888 891 7th Cir 2001 Holding that No person has a fundamental right to teach undergraduate engineering classes without following the university s grading rules and that it is the u niversity s name not the professor s that appears on the diploma the u niversity not the professor certifies to employers and graduate schools a student s successful completion of a course of study Universities are entitled to assure themselves that their evaluation systems have been followed otherwise their credentials are meaningless See Parate v Isibor 868 F 2d 821 827 28 6th Cir 1989 Holding that a university professor may claim that his assignment of an examination grade or a final grade is communication protected by the First Amendment t hus the individual professor may not be compelled by university officials to change a grade that the professor previously assigned to her student White Lawrence CASE IN POINT STRONACH V VIRGINIA STATE U 2008 Does Academic Freedom Give a Professor the Final Say on Grades Chronicle of Higher Education found at Chronicle web site and Chronicle Review commentary and blog Accessed May 20 2008 See for instance Paul Horwitz Universities as First Amendment Institutions Some Easy Answers and Hard Questions 54 UCLA Law Review 1497 2007 Litt Andrew At UCLA free speech is suppressed and double standards reign Washington Examiner Retrieved 2017 09 26 AAUP 1940 Statement of Principles on Academic Freedom and Tenure PDF AAUP Donna Euben Political And Religious Belief Discrimination On Campus Faculty and Student Academic Freedom and The First Amendment Archived 2005 12 20 at the Wayback Machine Sweezy v New Hampshire 354 U S 234 1957 Keyishian v Board of Regents 385 U S 589 1967 Regents of Univ of Michigan v Ewing 474 U S 214 1985 Lynn Leon Winter 1997 1998 Creationists Push Pseudo Science Text Rethinking Schools Online Intelligent Design on Trial Kitzmiller v Dover National Center for Science Education October 17th 2008 Bill Analysis and Fiscal Impact Statement Archived 2008 09 10 at the Wayback Machine The Professional Staff of the Education Pre K 12 Committee Florida Senate March 26 2008 Academic Freedom Bill in South Carolina Now Archived 2008 05 20 at the Wayback Machine Ed Brayton Dispatches From the Culture Wars May 18 2008 Evolution s Critics Shift Tactics With Schools Stephanie Simon The Wall Street Journal May 2 2008 Academic Freedom and Teaching Evolution Archived 2009 12 05 at archive today Resolutions of the 94th Annual Meeting American Association of University Professors 2008 The Latest Face of Creationism in the Classroom Glenn Branch and Eugenie C Scott Scientific American December 2008 Hook Sidney 1953 Heresy Yes Conspiracy No John Day Company pp 9 13 two groups 13 publications 278 conclusion LCCN 63006587 Chambers Whittaker 22 June 1953 Is Academic Freedom in Danger Life Time Inc p 91 Retrieved 2 February 2018 Against Diversity Statements Chronicle of Higher Education 2019 01 03 Retrieved 2020 12 29 Former Harvard dean s tweet against required faculty diversity statements sets off debate Inside Higher Ed 2018 11 12 Retrieved 2020 12 29 Abigail Thompson A word from PDF Notices of the American Mathematical Society 66 11 Friedersdorf Conor 2016 05 26 The Perils of Writing a Provocative Email at Yale The Atlantic Retrieved 2020 12 29 My Halloween email led to a campus firestorm The Washington Post 2016 10 28 Retrieved 2020 12 29 Sapientia Christiana April 15 1979 John Paul II www vatican va Retrieved June 24 2011 Lesick Lawrence Thomas 1980 The Lane rebels evangelicalism and antislavery in antebellum America Metuchen New Jersey Scarecrow Press ISBN 0810813726 John Spencer Bassett and the Bassett Affair Duke University Libraries Archived from the original on 19 March 2008 a b King William E 10 September 2013 The Bassett Affair of 1903 Retrieved 11 July 2016 Nelson Lawrence J 2003 Rumors of Indiscretion The University of Missouri Sex Questionnaire Scandal in the Jazz Age Columbia MO University of Missouri Press ISBN 0 8262 1449 5 Broadwell Percy February 2 1930 Academic Freedom at the University of Missouri Report on the Dismissal of Professor DeGraff and the Suspension of Professor Meyer PDF Archived PDF from the original on March 20 2015 A J Carlson February 1930 Report on the Dismissal of Professor DeGraff and the Suspension of Professor Meyer Bulletin of the American Association of University Professors XVI 2 2 35 doi 10 2307 40218216 JSTOR 40218216 Seymour Mary Fall 2011 The Ghosts of Rollins and Other Skeletons in the Closet Rollins Magazine Archived from the original on 2021 03 09 Retrieved 2015 05 20 William B Shockley 79 Creator of Transistor and Theory on Race The New York Times Retrieved 10 January 2018 Kilgore William J Sullivan Barbara 1975 Academic Values and the Jensen Shockley Controversy Journal of General Education Bombardieri Marcella 17 January 2005 Summers remarks on women draw fire Boston com Archived from the original on 19 January 2005 Thernstrom Stephan In Defense of Academic Freedom at Harvard History News Network George Mason University Finder Alan February 22 2006 President of Harvard Resigns Ending Stormy 5 Year Tenure The New York Times Coleman James E Jr Davis Angela et al 2009 The Phases and Faces of the Duke Lacrosse Controversy A Conversation Seton Hall Journal of Sports amp Entertainment Law Duke University School of Law 19 181 220 Retrieved January 11 2018 Fight for Fazel Khan Archived from the original on 2012 02 13 Retrieved 2016 02 09 Letter from foreign academics to Mac Mia Chair of Council and Malegapuru Makgoba Vice Chancellor Letter from David William Cohen and 35 others a b Carey Benedict 21 August 2007 Criticism of a Gender Theory and a Scientist Under Siege The New York Times Rights for some people Inside Higher Ed 8 June 2009 Retrieved 11 June 2009 Shi an Tay 22 July 2009 She s not against gay people just against gay agenda The New Paper Retrieved 24 July 2009 Hu winnie July 22 2009 Citing Opposition Professor Calls off NYU Appointment The New York Times Helfand Duke 30 April 2009 Professor s comparison of Israelis to Nazis stirs furor Los Angeles Times SPME Statement on the Disposition of the Case of William Robinson at UCSB SPME Board of Directors June 29 2009 1 DILIMAN DIARY 27 March 2010 Retrieved 3 May 2015 U of Illinois Board s Denial of Job to Salaita Is Unlikely to Quell Controversy The Chronicle of Higher Education 11 September 2014 Retrieved 2016 02 01 a b Murphy Helen December 2014 The Views Expressed Represent Mine Alone Academic Freedom and Social Media Scripted 11 3 doi 10 2966 scrip 110314 210 Further reading EditAndreescu Liviu Foundations of Academic Freedom Making New Sense of Some Aging Arguments Studies in Philosophy and Education 2009 28 6 499 515 Andreescu Liviu Individual Academic Freedom and Aprofessional Acts Educational Theory 2009 59 5 559 572 Chesterman Simon Academic Freedom in New Haven and Singapore Straits Times 30 March 2012 page A23 Cross Tom Academic Freedom and the Hacker Ethic Communications of the ACM June 2006 Ekstrand Lasse and Wallmon Monika Dancing with the Devil Notes on a Free University The International Journal of Diversity in Organisations Communities and Nations 2008 8 3 171 174 Fish Stanley 2006 07 23 Conspiracy Theories 101 The New York Times Op Ed Fletcher Robert Samuel 1943 The Academic Freedom Test A history of Oberlin College from its foundation through the civil war Oberlin College pp 150 166 OCLC 189886 Hofstadter Richard Academic Freedom in the Age of the College Columbia University Press 1955 1961 Karran Terence Academic Freedom in Europe A Preliminary Comparative Analysis Higher Education Policy 2007 20 289 313 Karran Terence Academic Freedom A Research Bibliography 2009 has over 1000 entries and is freely downloadable as a pdf from http eprints lincoln ac uk 1763 Metzger Walter Academic Freedom in the Age of the University Columbia University Press 1955 Mead Edwin Doak September 1897 Academic Freedom in America The Collision at Brown University New England Magazine Nelson Cary No University Is an Island Saving Academic Freedom New York University Press 2010 ISBN 978 0 8147 5859 5 Suissa J and Sullivan A The Gender Wars Academic Freedom and Education Journal of Philosophy of Education 2021 Russell Conrad Academic Freedom Routledge 1993 ISBN 0 415 03715 8 Sandis Constantine Free Speech Within Reason Times Higher Education 21 January 2010 Tierney William G and Lanford Michael The Question of Academic Freedom Universal Right or Relative Term Frontiers of Education in China 2014 9 1 4 23 West Andrew F May 1 1885 What Is Academic Freedom North American Review pp 432 444 Whittington Keith E 2019 Speak Freely Why Universities Must Defend Free Speech Princeton University Press ISBN 978 0691191522 External links EditAcademic freedom at Wikipedia s sister projects Definitions from Wiktionary Media from Commons News from Wikinews Quotations from Wikiquote Texts from Wikisource Textbooks from Wikibooks Resources from Wikiversity Network for Education and Academic Rights International Academic Freedom Watch Australia American Association of University Professors Academic Freedom Week Council for Academic Freedom and Academic Standards United Kingdom Scholars at Risk Society for Academic Freedom and Scholarship CanadaArchivesWashington Committee for Academic Freedom records 1947 1949 84 cubic feet 2 boxes Naomi Achenbach Benson papers 1895 1961 19 5 cubic feet 40 boxes Garland O Ethel papers 1913 1980 13 00 cubic ft 13 boxes Ralph H Gundlach papers 1918 1974 1 47 cubic feet 4 boxes University of Washington Office of the President records 1854 2015 436 48 cubic feet 498 boxes 2 packages 2 volumes and 6 vertical files Including 1 cassette audio tape 11 audio tape reels 5 film reels 1 videocassette tape Retrieved from https en wikipedia org w index php title Academic freedom amp oldid 1130073197, wikipedia, wiki, book, books, library,

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