Intellectual, Academic, and Expressive Freedoms at the University of Wyoming: Academic Freedom

Academic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. The book outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A further chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research. The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general political and social topics unrelated to their work. This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise.

"Areopagitica" is not just a historical document but has had a lasting impact on discussions about freedom of speech and the role of censorship. It is often cited in legal and philosophical debates about these issues and remains a foundational text in the study of civil liberties and freedom of the press. The work's enduring influence is a testament to its persuasive power and the depth of its ideas.

A leading American legal scholar offers a surprising account of the incompleteness of prevailing theories of freedom of speech. Robert C. Post shows that the familiar understanding of the First Amendment, which stresses the "marketplace of ideas" and which holds that "everyone is entitled to an opinion," is inadequate to create and preserve the expert knowledge that is necessary for a modern democracy to thrive. For a modern society reliably to answer such questions as whether nicotine causes cancer, the free and open exchange of ideas must be complemented by standards of scientific competence and practice that are both hierarchical and judgmental. Post develops a theory of First Amendment rights that seeks to explain both the need for the free formation of public opinion and the need for the distribution and creation of expertise. Along the way he offers a new and useful account of constitutional doctrines of academic freedom. These doctrines depend both upon free expression and the necessity of the kinds of professional judgment that universities exercise when they grant or deny tenure, or that professional journals exercise when they accept or reject submissions.

Debates about academic freedom have become increasingly fierce and frequent. Legislative efforts to regulate American professors proliferate across the nation. Although most American scholars desire to protect academic freedom, they have only a vague and uncertain apprehension of its basic principles and structure. This book offers a concise explanation of the history and meaning of American academic freedom, and it attempts to intervene in contemporary debates by clarifying the fundamental functions and purposes of academic freedom in America. Matthew W. Finkin and Robert C. Post trace how the American conception of academic freedom was first systematically articulated in 1915 by the American Association of University Professors (AAUP) and how this conception was in subsequent years elaborated and applied by Committee A of the AAUP. The authors discuss the four primary dimensions of academic freedom—research and publication, teaching, intramural speech, and extramural speech. They carefully distinguish academic freedom from the kind of individual free speech right that is created by the First Amendment. The authors strongly argue that academic freedom protects the capacity of faculty to pursue the scholar’s profession according to the standards of that profession.

Few issues are as hotly debated or misunderstood as academic freedom. Reichman's book sheds light on and brings clarity to those debates. Winner of the Eli M. Oboler Memorial Award by the American Library Association Academic freedom--crucial to the health of American higher education--is threatened on many fronts. In The Future of Academic Freedom, a leading scholar equips us to defend academic freedom by illuminating its meaning, the challenges it faces, and its relation to freedom of expression. In the wake of the 2016 election, challenges to academic freedom have intensified, higher education has become a target of attacks by conservatives, and issues of free speech on campus have grown increasingly controversial. In this book, Henry Reichman cuts through much of the rhetoric to issue a clarion call on behalf of academic freedom as it has been defined and defended by the American Association of University Professors (AAUP) for over a hundred years. Along the way, he makes it clear that this is the issue of our day. Over the course of ten audacious essays, Reichman explores the theory, history, and contemporary practice of academic freedom. He pays attention to such varied concerns as the meddling of politicians and corporate trustees in curriculum and university governance, the role of online education, the impact of social media, the rights of student protesters and outside speakers, the relationship between collective bargaining and academic freedom, and the influence on research and teaching of ideologically motivated donors. Significantly, he debunks myths about the strength of the alleged opposition to free expression posed by student activism and shows that the expressive rights of students must be defended as part of academic freedom. Based on broad reading in such diverse fields as educational theory, law, history, and political science, as well as on the AAUP's own investigative reporting, The Future of Academic Freedom combines theoretical sweep with the practical experience of its author, a leader and activist in the AAUP who is an expert on campus free speech. The issues Reichman considers--which are the subjects of daily conversation on college and university campuses nationwide as well as in the media--will fascinate general readers, students, and scholars alike.

Why free speech is the lifeblood of colleges and universities Free speech is under attack at colleges and universities today, with critics on and off campus challenging the value of open inquiry and freewheeling intellectual debate. Too often speakers are shouted down, professors are threatened, and classes are disrupted. In Speak Freely, Keith Whittington argues that universities must protect and encourage free speech because vigorous free speech is the lifeblood of the university. Without free speech, a university cannot fulfill its most basic, fundamental, and essential purposes, including fostering freedom of thought, ideological diversity, and tolerance. Examining such hot-button issues as trigger warnings, safe spaces, hate speech, disruptive protests, speaker disinvitations, the use of social media by faculty, and academic politics, Speak Freely describes the dangers of empowering campus censors to limit speech and enforce orthodoxy. It explains why free speech and civil discourse are at the heart of the university's mission of creating and nurturing an open and diverse community dedicated to learning. It shows why universities must make space for voices from both the left and right. And it points out how better understanding why the university lives or dies by free speech can help guide everyone--including students, faculty, administrators, and alumni--when faced with difficult challenges such as unpopular, hateful, or dangerous speech. Timely and vitally important, Speak Freely demonstrates why universities can succeed only by fostering more free speech, more free thought--and a greater tolerance for both.

Part of the acclaimed Higher Ed Leadership Essentials series, this book surveys academic freedom's history and its application in today's universities. Academic freedom is once again at the epicenter of the crisis in higher education. A community college instructor in Iowa is pressured to resign after his pro-antifa social media comments garner vicious harassment that administrators find threatening to campus safety. A tenured biology professor at a college on Long Island is threatened with dismissal because she allegedly grades students too strictly. And in the wake of the COVID-19 pandemic, a conservative activist calls on his followers to take advantage of online classes to send "any and all videos of blatant indoctrination" to his organization so that it might expose and blacklist "leftist professors." These incidents from the 2019-20 academic year represent only the tip of the iceberg. Academic freedom, long heralded as a core value of American higher education, may now be in as much danger as at any time the 1950s. But what is "academic freedom"? A value upheld for one's supporters (but not one's opponents) when discussing a polarizing controversy? Or a narrow claim of privilege by a professorial elite, immune from public accountability? In this concise and compelling book, Henry Reichman, who chaired the American Association of University Professors' Committee on Academic Freedom and Tenure for nearly a decade, mounts a rigorous defense of academic freedom and its principal means of protection: the system of academic tenure. Probing academic freedom's role in multiple contexts, Reichman draws on a wealth of historical and contemporary examples to offer the first comprehensive introduction to the concept in all its manifestations. Elucidating its sometimes complicated meanings, Reichman argues that academic freedom--like its cousin, freedom of speech--cannot easily be defined but, instead, emerges from the contextual application of guiding principles developed and modified over time. He also explores why the rise of contingent faculty employment represents the gravest current threat to academic freedom; reveals how academic freedom is complicated by both fiercely polarized campus environments and the emergence of social media that extend speech beyond the lecture halls of the academy; and touches on the rights of students in and out of class, including treatment of student protest movements.

For over a generation, shocking cases of censorship at America's colleges and universities have taught students the wrong lessons about living in a free society. Drawing on a decade of experience battling for freedom of speech on campus, First Amendment lawyer Greg Lukianoff reveals how higher education fails to teach students to become critical thinkers: by stifling open debate, our campuses are supercharging ideological divisions, promoting groupthink, and encouraging an unscholarly certainty about complex issues. Lukianoff walks readers through the life of a modern-day college student, from orientation to the end of freshman year. Through this lens, he describes startling violations of free speech rights: a student in Indiana punished for publicly reading a book, a student in Georgia expelled for a pro-environment collage he posted on Facebook, students at Yale banned from putting an F. Scott Fitzgerald quote on a T shirt, and students across the country corralled into tiny "free speech zones" when they wanted to express their views. But Lukianoff goes further, demonstrating how this culture of censorship is bleeding into the larger society. As he explores public controversies involving Juan Williams, Rush Limbaugh, Bill Maher, Richard Dawkins, Larry Summers--even Dave Barry and Jon Stewart--Lukianoff paints a stark picture of our ability as a nation to discuss important issues rationally. Unlearning Liberty: Campus Censorship and the End of American Debate illuminates how intolerance for dissent and debate on today's campus threatens the freedom of every citizen and makes us all just a little bit dumber.

Through his columns in the New York Times and his numerous best-selling books, Stanley Fish has established himself as our foremost public analyst of the fraught intersection of academia and politics. Here Fish for the first time turns his full attention to one of the core concepts of the contemporary academy: academic freedom. Depending on who's talking, academic freedom is an essential bulwark of democracy, an absurd fig leaf disguising liberal agendas, or, most often, some in-between muddle that both exaggerates its own importance and misunderstands its actual value to scholarship. Fish enters the fray with his typical clear-eyed, no-nonsense analysis. The crucial question, he says, is located in the phrase "academic freedom" itself: Do you emphasize "academic" or "freedom"? The former, he shows, suggests a limited, professional freedom, while the conception of freedom implied by the latter could expand almost infinitely. Guided by that distinction, Fish analyzes various arguments for the value of academic freedom: Is academic freedom a contribution to society's common good? Does itauthorize professors to critique the status quo, both inside and outside the university? Does it license and even require the overturning of all received ideas and policies? Is it an engine of revolution? Are academics inherently different from other professionals? Or is academia just a job, and academic freedom merely a tool for doing that job? No reader of Fish will be surprised by the deftness with which he dismantles weak arguments, corrects misconceptions, and clarifies muddy arguments. And while his conclusion-that academic freedom is simply a tool, an essential one, for doing a job-may surprise, it is unquestionably bracing. Stripping away the mystifications that obscure academic freedom allows its beneficiaries to concentrate on what they should be doing: following their intellectual interests and furthering scholarship.