2. Defining Academic Freedom
S Belief that freedom to inquire and explore by students
and faculty members is essential to the mission of the
academy
S Scholars should have the freedom to teach and
communicate ideas without being targeted for repression,
job loss, or imprisonment
S IMPORTANT: ACADEMIC FREEDOM IN ITSELF IS
NOT A LEGAL CONCEPT
3. Academic Freedom in the USA
S Loosely guaranteed through the first amendment in the
United States
S Defined by the 1940 Statement of Principles on Academic
Freedom and Tenure, authored by the American
Association of University Professors (AAUP) and the
Association of American Colleges and Universities
4. Quotes
S "Teachers and students must always remain free to
inquire, to study and to evaluate, to gain new maturity
and understanding; otherwise our civilization stagnate
and die.”
S “To impose any strait jacket upon the intellectual leaders
in our colleges and universities would imperil the future of
our Nation.”
–Chief Justice Earl Warren (Sweezy, 1957)
5. Importance of Academic
Freedom
S Essential to the mission of the academy
S Without protection, academic communities are repressed for
their ability to shape knowledge
S According to a reflection by Robert Quinn, historically, the power to
shape knowledge is a source of power. Authorities have sought to
control societies by controlling scholars
S We should care about increasing the quality and flow of
information and understanding in the world (academic freedom
and scholarship promotes these goals)
6. 1940 Statement of Principles
on Academic Freedom and
Tenure
S Teachers are entitled to full freedom in research and in the publication of the
results, subject to the adequate performance of their other academic duties; but
research for pecuniary return should be based upon an understanding with the
authorities of the institution.
S Teachers are entitled to freedom in the classroom in discussing their subject, but
they should be careful not to introduce into their teaching controversial matter
which has no relation to their subject. Limitations of academic freedom because of
religious or other aims of the institution should be clearly stated in writing at the
time of the appointment.
S Teachers are entitled to freedom in the classroom in discussing their subject, but
they should be careful not to introduce into their teaching controversial matter
which has no relation to their subject. Limitations of academic freedom because of
religious or other aims of the institution should be clearly stated in writing at the
time of the appointment
7. Interpretation
S Institutions can ‘limit’ academic freedom for religious or other beliefs as
long as it was explicitly stated in writing at the time of appointment
S Teachers need to avoid controversial issues that are not related to the
subject being taught
S In public, teachers and others of authority must indicate that what is being
said is their personal opinion and does not represent the institution that
they are affiliated with
The authority to define and enforce academic
freedom lies with the institution
8. Conflict with Institutional
Academic Freedom
S Institutions reserve the right to determine
S Who may teach
S Who may be taught
S How it shall be taught
S Who many be admitted to study
(Regents of the Univ. of Californa v. Bakker, 438 U.S. 265, 312 (1978)
S Piarowski (1985) shows a conflict between individual and institutional academic freedom
S Faculty member was asked to move his sexually explicit art display from a gallery in a
heavily traveled area to a less traveled area
S Court ruled that a college can regulate the display of explicit material
S Johnson-Kurek v. Abu-Absi (2005) support the concept that the institution has the
right to designate how classes are taught and what grades were issued. First
amendment protects the individuals right to their belief in pedagogy but not their right
to actually do it.
9. Students & Academic
Freedom
S Students have the right to learn under the expanded
statements issued by the AAUP
S Students rights are limited
S Ex: Yacovelli v. Moeser (2004) – Students were
assigned an a reading based on the Quran.
S University lawfully assigned a reading for academic and
not religious purposes
10. Video on Academic Freedom
http://vimeo.com/6649380
(Start at 13:40)
Denis Rancourt, former University of Ottawa professor recently fired for
refusing to grade his students, whose struggle has received national
media coverage and whose firing is being investigated by the Canadian
Association of University Teachers.
Video on the state of academic freedom in Canada. A lot of the issues
discussed in this video mirror issues we face in the United States,
including the defining of academic freedom, in specific, for the
professor, and for the student.
Concept of “authentic rebellion” and it’s importance in the classroom.
11. Questions
S Question: Should students have equal academic freedom
to that of professors? Undergraduates? Masters?
Doctoral? Does this impact learning, teaching, or
research?
12. References
S AAUP. (2009). Recommended institutional regulations on academic freedom & tenure. Retrieved
from http://www.aaup.org/AAUP/pubsres/policydocs/contents/RIR.htm. Retrieved on November 1,
2010.
S AAUP. (1940). 1940 statement of principles on academic freedom and tenure. Retrieved from
http://www.aaup.org/AAUP/pubsres/policydocs/contents/1940statement.htm. Retrieved on
November 1, 2010.
S AAUP. (1967). Joint statement on rights and freedoms of students. AAUP Policy Documents &
Reports (9th ed.), 261-267.
S Cameron, C.A., & Meyers, L.E. (2005). Academic bills of rights: Conflict in the classroom, Journal
of College and University Law, 31, 243-290.
S Jorgensen, J.D., & Helms, L.B. (2008). Academic freedom, the first amendment and competing
stakeholders: the dynamics of a changing balance. The Review of Higher Education, 32(1), 1-24.
S Quinn, R. (2004). Defending 'dangerous' minds. Social Science Research Council, 5(1-2), 1-4.
S Standler, R.B. (2000). Academic freedom in the USA. Retrieved from
http://www.rbs2.com/afree.htm. Retrieved on November 1, 2010.
Notes de l'éditeur
IMPORTANT TO NOTE THAT THIS STATEMENT HAS NO LEGAL EFFECT, HOWEVER THE AAUP DOES KEEP A LIST OF CENSURED INSTITUTIONS
Currently 52 institutions. examples of censured institutions include: Grove City College, Southeastern Baptist Seminary, University of Bridgeport, University of New Orleans, North Idaho University, University of Texas Medical Branch at Galveston
First point: Bishop v. Aronov (1991) – A faculty member disregarded an administrators order restricting him from interjecting religious beliefs into class lectures – the court decided that there was no support to conclude that academic freedom is an independent first amendment right and that they trust that the university will serve its own interests as well as those of its professors in pursuit of academic freedom.
Lovelace v. Southeastern Massachusettes University (1986) – non-tenured professor claimed that the university did not renew his contract because he refused to change his grading standards. The court held that upholding the contention would constrict the university in defining and performing its educational mission
Authentic rebellion – those in power (professors) should welcome challenges and encourage independent thinking. Specific example: TA should be able to challenge professors about how they work, and how much they work.