Academic freedom

Academic freedom is the belief that the freedom of in-

quiry 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 communi-
cate ideas or facts (including those that are inconvenient
to external political groups or to authorities) without be-
ing targeted for repression, job loss, or imprisonment.
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 Asso-
ciation of University Professors, teachers should be care-
ful to avoid controversial matter that is unrelated to the
subject. When they speak or write in public, they are
free to express their opinions without fear from institu-
tional censorship or discipline, but they should show re-
straint and clearly indicate that they are not speaking for
their institution.[1] Academic tenure protects academic
freedom by ensuring that teachers can be fired only for
causes such as gross professional incompetence or behav-
ior that evokes condemnation from the academic commu-
nity itself.[2]

1 Historical background

Although the notion of academic freedom has a long im-

plicit history, the idea was first clearly formulated in re-
sponse to the encroachments of the totalitarian state on Michael Polanyi argued that academic freedom was a funda-
science and academia in general for the furtherance of mental necessity for the production of true knowledge.
its own goals. For instance, in the Soviet Union, sci-
entific research was brought under strict political con-
trol in the 1930s. A number of research areas were de- the needs of the latest five-year plan. Demands in Britain
clared "bourgeois pseudoscience" and forbidden, notably
for centrally planned scientific research led Polanyi, to-
genetics[3] (see "Lysenkoism"). The trend toward subju- gether with John Baker, to found the influential Society
gating science to the interests of the state also had propo- for Freedom in Science.[5] The Society promoted a liberal
nents in the West, including the influential Marxist John conception of science as free enquiry against the instru-
Desmond Bernal, who published The Social Function of mental view that science should exist primarily to serve
Science in 1939. the needs of society.[6]
In contrast to this approach, Michael Polanyi argued that In a series of articles, re-published in The Contempt of
a structure of liberty is essential for the advancement of Freedom (1940) and The Logic of Liberty (1951), Polanyi
science – that the freedom to pursue science for its own claimed that co-operation amongst scientists is analogous
sake is a prerequisite for the production of knowledge to the way in which agents co-ordinate themselves within
through peer review and the scientific method.[4] a free market. Just as consumers in a free market deter-
In 1936, as a consequence of an invitation to give lec- mine the value of products, science is a spontaneous or-
tures for the Ministry of Heavy Industry in the USSR, der that arises as a consequence of open debate amongst
Polanyi met Bukharin, who told him that in socialist so- specialists. Science can therefore only flourish when sci-
cieties all scientific research is directed to accord with entists have the liberty to pursue truth as an end in itself:

1
2 3 ACADEMIC FREEDOM FOR PROFESSORS

[S]cientists, freely making their own choice ment of Academic Freedom has two main principles:
of problems and pursuing them in the light of
their own personal judgment, are in fact co- 1. that academics, both inside and outside the class-
operating as members of a closely knit orga- room, have unrestricted liberty to question and test
nization. received wisdom and to put forward controversial
Such self-co-ordination of independent and unpopular opinions, whether or not these are
initiatives leads to a joint result which is un- deemed offensive, and
premeditated by any of those who bring it
2. that academic institutions have no right to curb the
about.
exercise of this freedom by members of their staff,
Any attempt to organize the group ... under
or to use it as grounds for disciplinary action or dis-
a single authority would eliminate their inde-
missal.
pendent initiatives, and thus reduce their joint
effectiveness to that of the single person direct-
AFAF and those who agree with its principles believe that
ing them from the centre. It would, in effect,
it is important for academics to be able not only to express
paralyse their co-operation.
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
2 Rationale not be protected from radical views.

Proponents of academic freedom believe that the free-

dom of inquiry by students and faculty members is es- 3 Academic freedom for professors
sential to the mission of the academy. They argue that
academic communities are repeatedly targeted for repres- The concept of academic freedom as a right of faculty
sion due to their ability to shape and control the flow of members is an established part of most legal systems.
information. When scholars attempt to teach or commu- Different from the United States, where academic free-
nicate ideas or facts that are inconvenient to external po- dom is derived from the guarantee of free speech un-
litical groups or to authorities, they may find themselves der the First Amendment, constitutions of other countries
targeted for public vilification, job loss, imprisonment, or (and particularly of civil law jurisdictions) typically grant
even death. For example, in North Africa, a professor of a separate right to free learning, teaching, and research.
public health discovered that his country’s infant mortal-
ity rate was higher than government figures indicated. He
lost his job and was imprisoned.[7][8] 3.1 In France
The fate of biology in the Soviet Union is also cited as
a reason why society has an interest in protecting aca- Professors at public French universities and researchers in
demic freedom. A Soviet biologist Trofim Lysenko re- public research laboratories are expected, as are all civil
jected Western science – then focused primarily on mak- servants, to behave in a neutral manner and to not favor
ing advances in theoretical genetics, based on research any particular political or religious point of view during
with the fruit fly (Drosophila melanogaster) – and pro- the course of their duties. However, the academic free-
posed a more socially relevant approach to farming that dom of university professors is a fundamental principle
was based on the collectivist principles of dialectical ma- recognized by the laws of the Republic, as defined by the
terialism. (Lysenko called this "Michurinism", but it is Constitutional Council; furthermore, statute law declares
more popularly known today as Lysenkoism.) Lysenko’s about higher education that “teachers-researchers (uni-
ideas proved appealing to the Soviet leadership, in part versity professors and assistant professors), researchers
because of their value as propaganda, and he was ulti- and teachers are fully independent and enjoy full freedom
mately made director of the Soviet Academy of Agricul- of speech in the course of their research and teaching ac-
tural Sciences. Subsequently, Lysenko directed a purge tivities, provided they respect, following university tradi-
of scientists who professed “harmful ideas”, resulting in tions and the dispositions of this code, principles of toler-
the expulsion, imprisonment, or death of hundreds of So- ance and objectivity”.[11] The nomination and promotion
viet scientists. Lysenko’s ideas were then implemented of professors is largely done through a process of peer
on collectivised farms in the Soviet Union and China. review rather than through normal administrative proce-
Famines that resulted partly from Lysenko’s influence dures.
are believed to have killed 30 million people in China
alone.[9]
3.2 In Germany
AFAF (Academics For Academic Freedom) of the
United Kingdom[10] is a campaign for lecturers, academic The German Constitution (German: Grundgesetz) specif-
staff and researchers who want to make a public statement ically grants academic freedom: “Art and science, re-
in favour of free enquiry and free expression. Their state- search and teaching are free. Freedom of teaching does
3.5 In the United States 3

not absolve from loyalty to the constitution” (Art. 5, ever, there have been a large number of scandals around
para. 3). In a tradition reaching back to the 19th cen- the restriction of academic freedom at a number of uni-
tury, jurisdiction has understood this right as one to teach versities with particular concern being expressed at the
(Lehrfreiheit), study (Lernfreiheit), and conduct research situation at the University of KwaZulu-Natal.[15][16]
(Freiheit der Wissenschaft) freely, although the last con-
cept has sometimes been taken as a cover term for the
first two. Lehrfreiheit embraces the right of professors to 3.5 In the United States
determine the content of their lectures and to publish the
results of their research without prior approval. In the United States, academic freedom is generally
Since professors through their Habilitation receive the taken as the notion of academic freedom defined by the
right to teach (Latin: venia docendi) in a particular aca- “1940 Statement of Principles on Academic Freedom
demic field, academic freedom is deemed to cover at least and Tenure”, jointly authored by the American Associ-
the entirety of this field. Lernfreiheit means a student’s ation of University Professors (AAUP) and the Associ-
right to determine an individual course of study. Fi- ation of American Colleges (AAC, now the Association
nally, Freiheit der Wissenschaft permits academic self- of American Colleges and Universities).[17] These prin-
governance and grants the university control of its internal ciples state that “Teachers are entitled to freedom in the
affairs. Through the introduction of disciplinary curric- classroom in discussing their subject.”[17] The statement
ula, Lernfreiheit has become a rather empty concept. also permits institutions to impose “limitations of aca-
demic freedom because of religious or other aims”, so
long as they are “clearly stated in writing at the time of
3.3 In the Philippines the appointment”.[17] The Principles have only the char-
acter of private pronouncements, not that of binding law.
The 1987 Philippine Constitution states that, “Academic The six regional accreditors work with American col-
Freedom shall be enjoyed in all institutions of higher leges and universities, including private and religious in-
learning.”[12] Philippine jurisprudence and courts of law, stitutions, to implement this standard. Additionally, the
including the Philippine Supreme Court tend to reflex- AAUP, which is not an accrediting body, works with this
ively defer to the institutional autonomy of higher institu- same institutions. The AAUP does not always agree with
tions of learning in determining academic decisions with the regional accrediting bodies on the standards of pro-
respect to the outcomes of individual cases filed in the tection of academic freedom and tenure.[18] The AAUP
courts regarding the abuse of Academic Freedom by pro- lists those colleges and universities which it has found to
fessors, despite the individual merits or demerits of any violate these principles.[19] There is some case law in the
cases.[13] A closely watched case was the controversial United States that teachers are limited in their academic
case of University of the Philippines at Diliman Soci- freedoms.
ology 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 de-
cision was sustained upon appeal by the dissenting faculty 4 Academic freedom for colleges
and Professor Raymundo to the University of the Philip- and universities (institutional
pines at Diliman Chancellor Sergio S. Cao; and though
the case was elevated to University of the Philippines autonomy)
System President Emerlinda R. Roman, Roman denied
the appeal which was elevated by Professor Raymundo A prominent feature of the English university concept is
to the University’s Board of Regents for decision and the the freedom to appoint faculty, set standards and admit
BOR granted her request for tenure. A major bone of students. This ideal may be better described as institu-
contention among the supporters of Professor Raymundo tional autonomy and is distinct from whatever freedom is
was not to question the institutional Academic Freedom granted to students and faculty by the institution.[20]
of the Department in not granting her tenure, but in ask-
The Supreme Court of the United States said that aca-
ing for transparency in how the Academic Freedom of
demic freedom means a university can “determine for it-
the department was exercised, in keeping with traditions
self on academic grounds:
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. 1. who may teach,

2. what may be taught,

3.4 In South Africa
3. how it should be taught, and
Section 16 of the 1996 Constitution of South Africa of-
fers specific protection to academic freedom.[14] How- 4. who may be admitted to study.”[21][22][23]
4 7 CONTROVERSIES

In a 2008 case, a Federal court in Virginia ruled that that academic freedom is a First Amendment right at
professors have no academic freedom; all academic free- public institutions.[34] However, The United States’ First
dom resides with the university or college.[23] In that case, Amendment has generally been held to not apply to pri-
Stronach v. Virginia State University, a district court vate institutions, including religious institutions. These
judge held “that no constitutional right to academic free- private institutions may honor freedom of speech and aca-
dom exists that would prohibit senior (university) offi- demic freedom at their discretion.
cials from changing a grade given by (a professor) to
one of his students.”[23] The court relied on mandatory
precedent of the U.S. Supreme Court case of Sweezy 7 Controversies
v. New Hampshire[22] and a case from the fourth circuit
court of appeals.[23][24] The Stronach court also relied on
persuasive cases from several circuits of the courts of ap- 7.1 Evolution debate
peals, including the first,[25] third,[26][27] and seventh[28]
circuits. That court distinguished the situation when a Academic freedom is also associated with a movement
university attempts to coerce a professor into changing to introduce intelligent design as an alternative explana-
a grade, which is clearly in violation of the First Amend- tion to evolution in US public schools. Supporters claim
ment, from when university officials may, in their dis- that academic institutions need to fairly represent all pos-
cretionary authority, change the grade upon appeal by a sible explanations for the observed biodiversity on Earth,
student.[23][29] The Stronach case has gotten significant rather than implying no alternatives to evolutionary the-
attention in the academic community as an important ory exist.
precedent.[30] Critics of the movement claim intelligent design is reli-
giously motivated pseudoscience and cannot be allowed
into the curriculum of US public schools due to the First
5 Pontifical universities Amendment to the United States Constitution, often cit-
ing Kitzmiller v. Dover Area School District as legal
precedent.[35][36] They also reject the allegations of dis-
Pontifical universities around the world such as The crimination against proponents of intelligent design, of
Catholic University of America, the Pontifical Univer- which investigation showed no evidence.[37]
sity of Saint Thomas Aquinas, Angelicum in Rome, the
Université catholique de Louvain in Belgium, and the A number of "academic freedom bills" have been intro-
Pontifical Catholic University of Peru depend for their duced in state legislatures in the United States between
status as pontifical universities and for the terms of aca- 2004 and 2008. The bills were based largely upon lan-
[38]
demic freedom on the Pope through the Congregation for guage drafted by the Discovery Institute, the hub of
Catholic Education. The terms of academic freedom at the Intelligent Design movement, and derive from lan-
ecclesiastical institutions of education are outlined in the guage originally drafted for the Santorum Amendment in
apostolic constitution Sapientia Christiana,[31] 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
6 Relationship to freedom of design or Biblical creationism.[39] The American Asso-
speech ciation of University Professors has reaffirmed its op-
position to these academic freedom bills, including any
portrayal of creationism as a scientifically credible alter-
Academic freedom and free speech rights are not co-
native and any misrepresentation of evolution as scien-
extensive, although this widely accepted view has been
tifically controversial.[40][41] As of June 2008, only the
recently challenged by an “institutionalist” perspective
Louisiana bill has been successfully passed into law.
on the First Amendment.[32] Academic freedom involves
more than speech rights; for example, it includes the right
to determine what is taught in the classroom. In prac- 7.2 The “Academic bill of rights”
tice, academic freedom is protected by institutional rules
and regulations, letters of appointment, faculty hand- Students for Academic Freedom[42] was founded in 2001
books, collective bargaining agreements, and academic by David Horowitz to protect students from a perceived
custom.[33] liberal bias in U.S. colleges and universities. The orga-
In the U.S., the freedom of speech is guaranteed by nization collected many statements from college students
the First Amendment, which states that “Congress shall complaining that some of their professors were disregard-
make no law... abridging the freedom of speech, or of ing their responsibility to keep unrelated controversial
the press....” By extension, the First Amendment applies material out of their classes and were instead teaching
to all governmental institutions, including public univer- their subjects from an ideological point of view. In re-
sities. The U.S. Supreme Court has consistently held sponse, the organization drafted model legislation, called
7.3 Specific cases 5

the Academic Bill of Rights, which has been introduced from the academic criteria of the scholarly profession.”
in several state legislatures and the U.S. House of Rep- For example,"no department of political theory ought to
resentatives. The Academic Bill of Rights is based on be obligated to establish 'a plurality of methodologies
the Declaration of Principles on Academic Freedom and and perspectives’ by appointing a professor of Nazi po-
Academic Tenure as published by the American Asso- litical philosophy.”[44] Concurring, the president of Ap-
ciation of University Professors in 1915, and modified palachian Bible College in West Virginia fears that the
in 1940 and 1970. According to Students for Academic Academic Bill of Rights “would inhibit his college’s ef-
Freedom, academic freedom is “the freedom to teach and forts to provide a faith-based education and would put
to learn.” They contend that academic freedom promotes pressure on the college to hire professors... who espouse
“intellectual diversity” and helps achieve a university’s views contrary to those of the institution.”[45]
primary goals, i.e., “the pursuit of truth, the discovery
of new knowledge through scholarship and research, the
study and reasoned criticism of intellectual and cultural 7.3 Specific cases
traditions, the teaching and general development of stu-
dents to help them become creative individuals and pro- While some controversies of academic freedom are re-
ductive citizens of a pluralistic democracy, and the trans- flected in proposed laws that would affect large numbers
mission of knowledge and learning to a society at large.” of students through entire regions, many cases involve in-
They feel that, in the past forty years, the principles as dividual academicians that express unpopular opinions or
defined in the AAUP Declaration have become some- share politically unfavorable information. These individ-
thing of a dead letter, and that an entrenched class of ual cases may receive widespread attention and period-
tenured radical leftists is blocking all efforts to restore ically test the limits of, and support for, academic free-
those principles.[43] In an attempt to override such oppo- dom.
sition, the Academic Bill of Rights calls for state and judi-
cial regulation of colleges. Such regulation would ensure
that: • The Bassett Affair at Duke University in North Car-
olina in the early 20th century was an important
event in the history of academic freedom.[46] In Oc-
• students and faculty will not be favored or disfavored tober 1903, Professor John Spencer Bassett publicly
because of their political views or religious beliefs; praised Booker T. Washington and drew attention
• the humanities and social sciences, in particular, will to the racism and white supremacist behavior of the
expose their students to a variety of sources and Democratic party, to the disgust of powerful white
viewpoints, and not present one viewpoint as certain Southerners. Many media reports castigated Bas-
and settled truth; sett, and many major newspapers published opin-
ion pieces attacking him and demanding his termi-
• campus publications and invited speakers will not be nation. On December 1, 1903, the entire faculty
harassed, abused, or otherwise obstructed; of the college threatened to resign en masse if the
board gave into political pressures and asked Bassett
• academic institutions and professional societies will to resign.[47] President Teddy Roosevelt later praised
adopt a neutral attitude in matters of politics, ideol- Bassett for his willingness to express the truth as he
ogy or religion. saw it.

Opponents claim that such a bill would actually restrict • In 1929, Experimental Psychology Professor Max
academic freedom, by granting politically motivated leg- Friedrich Meyer and Sociology Assistant Professor
islators and judges the right to shape the nature and focus Harmon O. DeGraff were dismissed from their po-
of scholarly concerns. According to the American As- sitions at the University of Missouri for advising
sociation of University Professors, the Academic Bill of student Orval Hobart Mowrer regarding distribu-
Rights is, despite its title, an attack on the very concept tion of a questionnaire which inquired about atti-
of academic freedom itself: “A fundamental premise of tudes towards divorce, “living together”, and sex.[48]
academic freedom is that decisions concerning the qual- The university was subsequently censured by the
ity of scholarship and teaching are to be made by refer- American Association of University Professors in
ence to the standards of the academic profession, as in- an early case regarding academic freedom due a
terpreted and applied by the community of scholars who tenured professor.[49]
are qualified by expertise and training to establish such
standards.” The Academic Bill of Rights directs univer- • In a famous case investigated by the American Asso-
sities to implement the principle of neutrality by requir- ciation of University Professors, President Hamilton
ing the appointment of faculty “with a view toward fos- Holt of Rollins College in March 1933 fired John
tering a plurality of methodologies and perspectives,” an Andrew Rice, an atheist scholar and unorthodox
approach they claim is problematic because “It invites di- teacher, whom Holt had hired, along with three
versity to be measured by political standards that diverge other “golden personalities” (as Holt called them),
6 7 CONTROVERSIES

in his push to put Rollins on the cutting edge of in- other academics at the same university – Nithiya
novative education. Holt then required all professors Chetty and John van der Berg – for expressing con-
to make a “loyalty pledge” to keep their jobs. The cern about academic freedom at the university.[57]
American Association of University Professors cen-
sured Rollins. Rice and the three other golden per- • J. Michael Bailey wrote a popular science-style
sonalities, all of them dismissed for refusing to make book, The Man Who Would Be Queen, which pro-
the loyalty pledge, founded the innovative Black motes Ray Blanchard’s theory that transwomen are
Mountain College.[50] motivated by sexuality, and dismisses the "woman
trapped in a man’s body" concept of transsexual-
• In 1978, Nobel prize-winner William Shockley was ity . Blanchard’s theory divides transwomen into
concerned about relatively high reproductive rates two groups (autogynephilics and homosexual trans-
among people of African descent, because he be- sexuals) according to their sexual orientation. In
lieved that genetics doomed black people to be in- an effort to discredit his book, some trans activists
tellectually inferior to white people. He stated that filed formal complaints with Northwestern Univer-
he believed his work on race to be more impor- sity accusing Bailey of conducting regulated human
tant than his work leading to the Nobel prize.[51] He research by talking informally to transwomen with-
was strongly criticized for this stand, which raised out first obtaining written proof of informed con-
some concerns about whether criticism of unpopu- sent. They also filed a complaint with Illinois state
lar views of racial differences suppressed academic regulators, requesting that they investigate Bailey
freedom.[52] for practicing psychology without a license. Bailey,
• In the aftermath of the September 11, 2001 at- who was not licensed to practice clinical psychology
tacks, some public statements made by some uni- in Illinois, had provided some transwomen with free
versity faculty were criticized. Most prominent case evaluation letters, saying that he believed they
among these were these comments made in January were good candidates for sex-reassignment surgery.
2005 by University of Colorado professor Ward Regulators dismissed the complaint. Andrea James,
Churchill. He published an essay in which he as- a Los Angeles-based transgender activist, posted
serted that the attack on the United States, while un- photographs of Bailey’s children, taken when they
justified, were provoked by American foreign pol- were in middle and elementary school, with sexu-
icy. On news and talk programs, he was criti- ally explicit captions that she provided.[58][59]
cized for describing the World Trade Center vic- • Thio Li-ann withdrew from an appointment at New
tims as "little Eichmanns", a reference to Hannah York University School of Law after controversy
Arendt's Eichmann in Jerusalem. The university erupted about some anti-gay remarks she had made,
fired Churchill in 2007 for research misconduct, and prompting a discussion of academic freedom within
despite initially winning US $1 in damages from a the law school.[60][61]
jury, Churchill ultimately lost his wrongful termina-
tion lawsuit on appeal.[53] • In 2009 the University of California at Santa
Barbara charged William I. Robinson with anti-
• At the beginning of the 21st century, Lawrence Semitism after he circulated an email to his class
Summers, while president of Harvard University, containing more than two dozen photographs of
led a discussion that was intended to identify the Jewish victims of the Nazis, including those of
reasons why fewer women chose to study science dead children, juxtaposed with nearly identical im-
and mathematics at advanced levels. He suggested ages from the Gaza Strip. It also included an ar-
that the possibility of intrinsic gender differences in ticle critical of Israel’s treatment of the Palestini-
terms of talent for science and mathematics should ans and a note from Robinson stating “Gaza is Is-
be explored. He became the target of considerable rael’s Warsaw -- a vast concentration camp that
public backlash.[54] His critics were, in turn, accused confined and blockaded Palestinians,” the professor
of attempting to suppress academic freedom.[55] wrote. “We are witness to a slow-motion process of
• The 2006 scandal in which several members of the genocide.”.,[62][63] The charges were dropped after
Duke Lacrosse team were falsely accused of rape a world wide campaign against the management of
raised serious criticisms against exploitation of aca- the university.[64]
demic freedom by the university and its faculty to
• The University of the Philippines at Diliman affair
press judgement and deny due process to the three
where controversy erupted after Professor Gerardo
players accused.
A. Agulto of the College of Business Administra-
• In 2006 trade union leader and sociologist Fazel tion was sued by MBA graduate student Chanda R.
Khan was fired from the University of KwaZulu- Shahani for a nominal amount in damages for fail-
Natal in Durban, South Africa after taking a lead- ing him several times in the Strategic Management
ership role in a strike.[56] In 2008 international con- portion of the Comprehensive Examination. Ag-
cern was also expressed at attempts to discipline two ulto refused to give a detailed basis for his grades
 7

and instead invoked Academic Freedom while Sha- • Speech code

hani argued in court that Academic Freedom could
not be invoked without a rational basis in grading a • Urofsky v. Gilmore
student.[65]
• During the interwar years (cir. 1919-1939) Cana- 9 References
dian academics were informally expected to be apo-
litical, lest they bring trouble to their respective uni- [1] 1940 Statement of Principles on Academic Freedom and
versities who, at the time, were very much depen- Tenure, American Association of University Professors
dent upon provincial government grants. As well, and of the Association of American Colleges, p. 3.
many Canadian academics of the time considered
their position to be remote from the world of politics [2] 1940 Statement of Principles on Academic Freedom and
and felt they had no place getting involved in polit- Tenure, American Association of University Professors
and of the Association of American Colleges, p. 4.
ical issues. However, with the increase of socialist
activity in Canada during the Great Depression, due [3] Glass, Bentley (May 1962). “Scientists in Politics”. Bul-
to the rise of social gospel ideology, some left-wing letin of the Atomic Scientists 18 (5): 3.
academics began taking active part in contemporary
political issues outside of the university. Thus, indi- [4] Michael Polanyi (1958). Personal Knowledge. ISBN 0-
7734-9150-3.
viduals such as Frank H. Underhill at the University
of Toronto and other members or affiliates with [5] William McGucken (1978). “On Freedom and
the League for Social Reconstruction or the social- Planning in Science: The Society for Freedom
ist movement in Canada who held academic posi- in Science 1940–1946”. Minerva 16 (1): 42–72.
tions began to find themselves in precarious posi- doi:10.1007/BF01102181.
tions with their university employers. Frank H. Un-
[6] William McGucken, 1978. “On Freedom and Planning
derhill, for example, faced criticism from within and in Science: The Society for Freedom in Science 1940–
without academia and near expulsion from his uni- 1946”, Minerva, 16, pp. 42–72.
versity position for his public political comments
and his involvement with the League for Social Re- [7] Robert Quinn (2004). "Defending 'Dangerous Minds.'"
construction and the Co-Operative Commonwealth
[8] Ralph E. Fuchs (1969). “Academic Freedom—Its Ba-
Federation.[66] According to Michiel Horn this era sic Philosophy, Function and History,” in Louis Joughin
marked, "…a relaxation of the unwritten controls (ed)., Academic Freedom and Tenure: A Handbook of the
under which many Canadian professors had previ- American Association of University Professors.
ously worked. The nature of the institutions, natural
caution and professional pre-occupation had before [9] Jasper Becker (1996). Hungry Ghosts: Mao’s Secret
the Depression inhibited the professoriate. None of Famine. New York: Free Press.
these conditions changed quickly, but even at the [10] “Academics for Academic Freedom”. UK. Retrieved 19
provincial universities there were brave souls in the May 2014.
1930s who claimed, with varying success, the right
publicly to discuss controversial subjects and ex- [11] French Education Code, L952-2, French Government.
press opinions about them.”[67] [12] “1987 CONSTITUTION OF THE REPUBLIC OF THE
PHILIPPINES - CHAN ROBLES VIRTUAL LAW LI-
BRARY”. Retrieved 3 May 2015.
8 See also [13] “Notice of Full Disclosure”. Retrieved 3 May 2015.

• Freedom of education [14] “Redirecting old link”. Retrieved 3 May 2015.

• Freedom of speech [15] Submission by the Freedom of Expression Institute to the

UKZN Council Committee on Governance and Academic
• Hans-Hermann Hoppe – involved in an academic Freedom, February 2009
freedom controversy at the University of Nevada,
[16] 'UKZN’s commitment to academic freedom slated' by La-
Las Vegas
toya Newman, The Mercury, November 2008
• Network for Education and Academic Rights [17] 1940 Statement of Principles on Academic Freedom and
• Politicization of science Tenure, AAUP , accessed March 23, 2007

[18] For example, the Northwest Association of Schools and of

• Scholars at Risk
Colleges and Universities reviewed Brigham Young Uni-
• Scientific freedom versity's academic freedom statement and found it in com-
pliance with the 1940 statement, while AAUP has found
• Society for Academic Freedom and Scholarship Brigham Young University to be in violation
8 9 REFERENCES

[19] “Censure List”. Retrieved 3 May 2015. [31] http://www.vatican.va/holy_father/john_paul_ii/apost_

constitutions/documents/hf_jp-ii_apc_15041979_
[20] (Kemp, p. 7) sapientia-christiana_en.html Accessed June 24, 2011
[21] Regents of the University of California v. Bakke, 438 U.S. [32] See, for instance, Paul Horwitz, “Universities as First
265, 312 (1978). Amendment Institutions: Some Easy Answers and Hard
Questions, 54 UCLA Law Review 1497 (2007)
[22] Sweezy v. New Hampshire, 354 U.S. 234, 262-263 (1957)
(Felix Frankfurter, Justice). [33] Donna Euben, Political And Religious Belief Discrimina-
tion On Campus: Faculty and Student Academic Freedom
[23] Stronach v. Virginia State University, civil action 3:07- and The First Amendment.
CV-646-HEH (E. D. Va. Jan. 15, 2008).
[34] Sweezy v. New Hampshire, 354 U.S. 234 (1957); Key-
[24] See Urofsky v. Gilmore, 216 F.3d 401, 414, 415 (4th ishian v. Board of Regents, 385 U.S. 589 (1967); Regents
Cir. 2000). (Noting that “cases that have referred to a of Univ. of Michigan v. Ewing, 474 U.S. 214 (1985).
First Amendment right of academic freedom have done
so generally in terms of the institution, not the individual [35] “Rethinking Schools Online”. Retrieved 3 May 2015.
....” and “Significantly, the court has never recognized that [36] Intelligent Design on Trial: Kitzmiller v. Dover. National
professors possess a First Amendment right of academic Center for Science Education. October 17th, 2008
freedom to determine for themselves the content of their
courses and scholarship, despite opportunities to do so”. [37] Bill Analysis and Fiscal Impact Statement, The Pro-
fessional Staff of the Education Pre-K-12 Committee,
[25] Lovelace v. S.E. Mass. University, 793 F.2d 419, 425 Florida Senate, March 26, 2008
(1st Cir. 1986) (“To accept plaintiff’s contention that an
untenured teacher’s grading policy is constitutionally pro- [38] “Academic Freedom” Bill in South Carolina Now Ed
tected . . . would be to constrict the university in defining Brayton, Dispatches From the Culture Wars, May 18,
and performing its educational mission”.) 2008.

[26] Edwards v. California University of Pennsylvania, 156 [39] Evolution’s Critics Shift Tactics With Schools, Stephanie
F.3d 488, 491 (3d Cir. 1998) (“In Edwards v. Cal. Univ. Simon, Wall Street Journal, May 2, 2008
of Pa., The court held that the First Amendment does not
[40] Academic Freedom and Teaching Evolution Resolutions
allow a university professor to decide what is taught in the
of the 94th Annual Meeting, American Association of
classroom but rather protects the university’s right to se-
University Professors. 2008
lect the curriculum,” as cited in Stronach.)
[41] The Latest Face of Creationism in the Classroom Glenn
[27] Brown v. Amenti, 247 F.3d 69, 75 (3d Cir. 2001). (Hold- Branch and Eugenie C. Scott. Scientific American, De-
ing “a public university professor does not have a First cember 2008.
Amendment right to expression via the school’s grade as-
signment procedures”.) [42] Students for Academic Freedom. “Students For Aca-
demic Freedom”. Retrieved 3 May 2015.
[28] Wozniak v. Conry, 236 F.3d 888, 891 (7th Cir. 2001).
(Holding that “No person has a fundamental right to [43] Indoctrination U: the Left’s war against academic freedom
teach undergraduate engineering classes without follow- / David Horowitz, 2007 ISBN 1-59403-190-8
ing the university’s grading rules ....” and that “it is the
[44] “Academic Bill of Rights”. Retrieved 3 May 2015.
[u]niversity’s name, not [the professor]'s, that appears on
the diploma; the [u]niversity, not [the professor], certifies [45] Alyson Klein (2004). “Worried on the Left and Right.”
to employers and graduate schools a student’s successful Chronicle of Higher Education (July 9, 2004).
completion of a course of study. Universities are enti-
tled to assure themselves that their evaluation systems have [46] “Exhibits”. Retrieved 3 May 2015.
been followed; otherwise their credentials are meaning-
[47] “Exhibits”. Retrieved 3 May 2015.
less”.)
[48] Nelson, Lawrence J. (2003). Rumors of Indiscretion: The
[29] See Parate v. Isibor, 868 F.2d 821, 827-28 (6th Cir.
University of Missouri “Sex Questionnaire” Scandal in the
1989). (Holding that “a university professor may claim
Jazz Age. Columbia, MO: University of Missouri Press.
that his assignment of an examination grade or a final
ISBN 0-8262-1449-5.
grade is communication protected by the First Amend-
ment . . . [t]hus, the individual professor may not be [49] A.J. Carlson (February 1930). “Report on the Dismissal
compelled, by university officials, to change a grade that of Professor DeGraff and the Suspension of Professor
the professor previously assigned to her student”. Meyer”. Bulletin of the American Association of Univer-
sity Professors XVI (2): 2–35. doi:10.2307/40218216.
[30] White, Lawrence, “CASE IN POINT: STRONACH V.
VIRGINIA STATE U. (2008): Does Academic Freedom [50] Mary Seymour, “The Ghosts of Rollins
Give a Professor the Final Say on Grades?", Chronicle (and Other Skeletons in the Closet)", Rollins
of Higher Education, found at Chronicle web site and Magazine, fall 2011, http://www.rollins.edu/
Chronicle Review commentary and blog. Accessed May 20, magazine/fall-2011/ghosts-of-rollins-2.html;
2008. http://www.jstor.org/stable/40218822
 9

[51] William B. Shockley, 79, Creator Of Transistor and The- 10 Further reading
ory on Race

[52] Kilgore, William J.; Sullivan, Barbara (1975). “Academic

• Andreescu, Liviu. "Foundations of Academic Free-
Values and the Jensen-Shockley Controversy”. Journal of dom: Making New Sense of Some Aging Ar-
General Education. guments". Studies in Philosophy and Education
(2009) 28.6, 499-515.
[53] Paulson, Steven K. (September 10, 2012). “Ward
Churchill loses appeal to win back CU job”. Denver Post. • Chesterman, Simon. "Academic Freedom in New
Retrieved 2012-09-10. Haven and Singapore". Straits Times, 30 March
2012, page A23.
[54] “Summers’ remarks on women draw fire”. Boston.com.
Retrieved 3 May 2015. • Cross, Tom. "Academic Freedom and the Hacker
Ethic", Communications of the ACM, June 2006.
[55] Stephan Thernstrom. “In Defense of Academic Freedom
at Harvard”. History News Network, George Mason Uni- • Ekstrand, Lasse and Wallmon, Monika "Dancing
versity. with the Devil? Notes on a Free University". The
International Journal of Diversity in Organisations,
[56] Fight for Fazel Khan – An archive of documents on the
Communities and Nations (2008) 8.3, 171-174.
dismissal of Fazel Khan]
• Fish, Stanley (2006-07-23). “Conspiracy Theories
[57] Letter from foreign academics to Mac Mia, Chair of
Council, and Malegapuru Makgoba, Vice Chancellor Let- 101”. New York Times Op-Ed.
ter from David William Cohen and 35 others
• Hofstadter, Richard, Academic Freedom in the Age
[58] Carey, Benedict. (21 August 2007) “Criticism of a Gen- of the College, Columbia University Press, 1955,
der Theory, and a Scientist Under Siege.” The New York 1961.
Times.
• Karran, Terence. "Academic Freedom in Europe:
[59] Dreger AD (June 2008). “The controversy surround- A Preliminary Comparative Analysis". Higher Ed-
ing “The man who would be queen": a case history ucation Policy (2007) 20, 289–313.
of the politics of science, identity, and sex in the In-
ternet age” (PDF). Arch Sex Behav 37 (3): 366–421. • Karran, Terence. “Academic Freedom: A Research
doi:10.1007/s10508-007-9301-1. PMC 3170124. PMID Bibliography” (2009) has over 1000 entries and is
18431641. freely downloadable as a pdf from: http://eprints.
lincoln.ac.uk/1763/.
[60] “Rights for some people”. Inside Higher Ed. 8 June 2009.
Retrieved 11 June 2009. • Metzger, Walter, Academic Freedom in the Age of
the University, Columbia University Press, 1955.
[61] Tay Shi'an (22 July 2009). “She’s not against gay people,
just against gay agenda”. The New Paper. Retrieved 24 • Nelson, Cary, No University Is an Island: Saving
July 2009. Academic Freedom. New York University Press,
2010. ISBN 978-0-8147-5859-5
[62] Helfand, Duke (30 April 2009). “Professor’s comparison
of Israelis to Nazis stirs furor”. Los Angeles Times. • Russell, Conrad. “Academic Freedom”, Routledge
[63] Dana L. Cloud (April 30, 2009). “The McCarthyism That
(1993) ISBN 0-415-03715-8
Horowitz Built: The Cases of Margo Ramlal Nankoe,
• Sandis, Constantine. “Free Speech Within Reason”.
William Robinson, Nagesh Rao and Loretta Capeheart”.
Times Higher Education,21 January 2010.
CounterPunch.
• Tierney, William G., and Lanford, Michael. "The
[64] SPME Statement on the Disposition of the Case of
William Robinson at UCSB, SPME Board of Directors, Question of Academic Freedom: Universal Right
June 29, 2009 or Relative Term". Frontiers of Education in China
(2014) 9.1, 4-23.
[65] “DILIMAN DIARY”. Retrieved 3 May 2015.

[66] Horn, Michiel, “Professors in the Public Eye: Cana-

dian Universities, Academic Freedom, and the League for 11 External links
Social Reconstruction.” History of Education Quarterly.
20.4, Winter 1980. pp. 425-447 • Network for Education and Academic Rights, Inter-
national
[67] Horn, Michiel, “Professors in the Public Eye: Cana-
dian Universities, Academic Freedom, and the League for • Academic Freedom Watch, Australia
Social Reconstruction.” History of Education Quarterly.
20.4, Winter 1980. p. 443 • American Association of University Professors
10 11 EXTERNAL LINKS

• Council for Academic Freedom and Academic Stan-

dards, United Kingdom
• 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 cu. ft.

(13 boxes).

• Ralph H. Gundlach papers. 1918-1974. 1.47 cubic

feet (4 boxes).

• University of Washington Office of the President

records. 1854-2011. 405.05 cubic feet (466 boxes,
2 packages, 2 volumes, and 5 vertical files). Includ-
ing: 1 cassette audio tape, 11 audio tape reels, 5 film
reels, 1 videocassette tape.
 11

12 Text and image sources, contributors, and licenses

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