Academic freedom
Encyclopedia
Academic freedom is the belief that the freedom of inquiry by students and faculty members is essential to the mission of the academy, 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 being 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", teachers should be careful 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 institutional censorship or discipline, but they should show restraint and clearly indicate that they are not speaking for their institution. 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.
The fate of biology
in the Soviet Union
is also cited as a reason why society has an interest in protecting academic freedom. A Soviet biologist named 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.
AFAF (Academics For Academic Freedom) of the United Kingdom 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:
AFAF and those who are part of the campaign believe that it is important for academics to be able to express their opinions - not just full stop, but 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 should not be protected from radical views.
university, or a researcher in a public research laboratory, is 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 his duties. However, the academic freedom of university professor
s 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." The nomination and promotion of professors is largely done through a process of peer review
rather than through normal administrative procedures.
Since professors through their Habilitation receive the right to teach (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. Through the introduction of disciplinary curricula, Lernfreiheit has become a rather empty concept.
offers specific protection to academic freedom. However there have been a large number of scandals around the restriction of academic freedom at a number of universities with particular concern being expressed at the situation at the University of KwaZulu-Natal
.
("AAUP") and the Association of American Colleges (AAC) (now the Association of American Colleges and Universities
). These principles state that "Teachers are entitled to freedom in the classroom in discussing their subject." 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." The Principles have only the character of private pronouncements, not that of binding law.
The six 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 this same institutions. The AAUP does not always agree with the regional accrediting bodies on the standards of protection of academic freedom and tenure. The AAUP lists those colleges and universities which it has found to violate these principles. There is some case law in the United States that teachers are limited in their academic freedoms.
The Supreme Court of the United States
said that academic freedom means a university can "determine for itself on academic grounds:
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. 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." The court relied on mandatory precedent
of the U.S. Supreme Court
case of Sweezy v. New Hampshire and a case from the fourth circuit court of appeals. The Stronach court also relied on persuasive cases from several circuits of the courts of appeals
, including the first, third, and seventh 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. The Stronach case has gotten significant attention in the academic community as an important precedent.
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. However, The United States' First Amendment has generally been held to not not apply to private institutions, including religious institutions. These private institutions may honor freedom of speech and academic freedom at their discretion.
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. They also seek legal protection from, and repercussions for, discriminatory injustices of faculty members and students who criticize evolution.
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
. They also reject the allegations of discrimination against proponents of Academic Freedom and Intelligent Design, of which investigation showed no evidence.
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
, 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
. The American Association of University Professors has reaffirmed its opposition to these academic freedom bills, including any portrayal of creationism as a scientifically credible alternative and any misrepresentation of evolution as scientifically controversial. As of June 2008, only the Louisiana bill has been successfully passed into law.
, which has been introduced in several state legislatures and the U.S. House of Representatives. The Academic Bill of Rights is based on the Declaration of Principles on Academic Freedom and Academic Tenure as published by the American Association of University Professors in 1915, and modified in 1940 and 1970.
According to Students for Academic Freedom, academic freedom is "the freedom to teach and to learn." They contend in "The Academic Bill of Rights" that academic freedom promotes "intellectual diversity" and helps achieve a university's 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 traditions, the teaching and general development of students to help them become creative individuals and productive citizens of a pluralistic democracy, and the transmission of knowledge and learning to a society at large." They feel that, in the past forty years, the principles as defined in the AAUP Declaration have become something of a dead letter
, and that an entrenched class of tenured radical leftists is blocking all efforts to restore those principles. In an attempt to override such opposition, the Academic Bill of Rights calls for state and judicial regulation of colleges. Such regulation would ensure that:
Opponents claim that such a bill would actually restrict academic freedom, by granting politically-motivated legislators and judges the right to shape the nature and focus of scholarly concerns. According to the American Association of University Professors
, the Academic Bill of Rights is, despite its title, an attack on the very concept of academic freedom itself: "A fundamental premise of academic freedom is that decisions concerning the quality of scholarship and teaching are to be made by reference to the standards of the academic profession, as interpreted and applied by the community of scholars who are qualified by expertise and training to establish such standards." The Academic Bill of Rights directs universities to implement the principle of neutrality by requiring the appointment of faculty "with a view toward fostering a plurality of methodologies and perspectives," an approach they claim is problematic because "It invites diversity to be measured by political standards that diverge from the academic criteria of the scholarly profession." For example,"no department of political theory ought to be obligated to establish 'a plurality of methodologies and perspectives' by appointing a professor of Nazi political philosophy." Concurring, the president of Appalachian Bible College in West Virginia fears that the Academic Bill of Rights "would inhibit his college's efforts to provide a faith-based education and would put pressure on the college to hire professors... who espouse views contrary to those of the institution."
It should also be noted that there has been much controversy over the validity of the student’s statements used by Horowitz to support his organisation's claims. This is due to the revelation that one of the cases he referred to regularly was not factually accurate. Horowitz claims that this student had to write an essay on ‘why George Bush was a war criminal.’ Instead, the student chose to focus her answer on why Saddam Hussein was a war criminal and consequently received a grade ‘F’(Fail). In reality, this question asking students to state whether or not Bush was a war criminal was never set, and the student in question did not receive a grade ‘F’ for this particular exam. Horowitz acknowledges the flaws in this case but asks the public to believe that there are many other legitimate cases.
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", teachers should be careful 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 institutional censorship or discipline, but they should show restraint and clearly indicate that they are not speaking for their institution. Academic tenure
Tenure
Tenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have his or her position terminated without just cause.-19th century:...
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.
Rationale
Proponents of academic freedom believe 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.The fate of biology
Biology
Biology is a natural science concerned with the study of life and living organisms, including their structure, function, growth, origin, evolution, distribution, and taxonomy. Biology is a vast subject containing many subdivisions, topics, and disciplines...
in the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....
is also cited as a reason why society has an interest in protecting academic freedom. A Soviet biologist named Trofim Lysenko
Trofim Lysenko
Trofim Denisovich Lysenko was a Soviet agronomist of Ukrainian origin, who was director of Soviet biology under Joseph Stalin. Lysenko rejected Mendelian genetics in favor of the hybridization theories of Russian horticulturist Ivan Vladimirovich Michurin, and adopted them into a powerful...
rejected Western science—then focused primarily on making advances in theoretical genetics, based on research with the fruit fly (Drosophila melanogaster
Drosophila melanogaster
Drosophila melanogaster is a species of Diptera, or the order of flies, in the family Drosophilidae. The species is known generally as the common fruit fly or vinegar fly. Starting from Charles W...
) -- and proposed a more socially relevant approach to farming that was based on the collectivist principles of dialectical materialism
Dialectical materialism
Dialectical materialism is a strand of Marxism synthesizing Hegel's dialectics. The idea was originally invented by Moses Hess and it was later developed by Karl Marx and Friedrich Engels...
. (Lysenko called this "Michurinism
Ivan Vladimirovich Michurin
Ivan Vladimirovich Michurin , was a Russian practitioner of selection, Honorable Member of the Soviet Academy of Sciences, and academician of the Lenin All-Union Academy of Agriculture....
," but it is more popularly known today as Lysenkoism
Lysenkoism
Lysenkoism, or Lysenko-Michurinism, also denotes the biological inheritance principle which Trofim Lysenko subscribed to and which derive from theories of the heritability of acquired characteristics, a body of biological inheritance theory which departs from Mendelism and that Lysenko named...
.) 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.
AFAF (Academics For Academic Freedom) of the United Kingdom 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 libertyLibertyLiberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
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 freedomFreedom (political)Political freedom is a central philosophy in Western history and political thought, and one of the most important features of democratic societies...
by members of their staff, or to use it as grounds for disciplinary action or dismissal.'
AFAF and those who are part of the campaign believe that it is important for academics to be able to express their opinions - not just full stop, but to put them to scrutiny and to open further debate. They are against the idea of telling the public Platonic
Platonism
Platonism is the philosophy of Plato or the name of other philosophical systems considered closely derived from it. In a narrower sense the term might indicate the doctrine of Platonic realism...
'noble lies' and believe that people should not be protected from radical views.
Academic freedom for professors
The concept of academic freedom as a right of faculty members is an established part of most legal systems. Different from the United States, where academic freedom is derived from the guarantee of free speech under the First Amendment, constitutions of other countries (and particularly of civil law jurisdictions) typically grant a separate right to free learning, teaching, and research.In France
A professor at a public FrenchFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
university, or a researcher in a public research laboratory, is expected, as are all civil servants
French Civil Service
The French Civil Service is the set of civil servants working for the French government.Not all employees of the state and public institutions or corporations are civil servants; however, the media often incorrectly equate "government employee" or "employee of a public corporation" with...
, to behave in a neutral manner and to not favor any particular political or religious point of view during the course of his duties. However, the academic freedom of university professor
Professor
A professor is a scholarly teacher; the precise meaning of the term varies by country. Literally, professor derives from Latin as a "person who professes" being usually an expert in arts or sciences; a teacher of high rank...
s is a fundamental principle recognized by the laws of the Republic, as defined by the Constitutional Council
Constitutional Council of France
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...
; furthermore, statute law declares about higher education
Higher education
Higher, post-secondary, tertiary, or third level education refers to the stage of learning that occurs at universities, academies, colleges, seminaries, and institutes of technology...
that "teachers-researchers (university professors and assistant professors), researchers and teachers are fully independent and enjoy full freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
in the course of their research
Research
Research can be defined as the scientific search for knowledge, or as any systematic investigation, to establish novel facts, solve new or existing problems, prove new ideas, or develop new theories, usually using a scientific method...
and teaching activities, provided they respect, following university traditions and the dispositions of this code, principles of tolerance and objectivity." The nomination and promotion of professors is largely done through a process of peer review
Peer review
Peer review is a process of self-regulation by a profession or a process of evaluation involving qualified individuals within the relevant field. Peer review methods are employed to maintain standards, improve performance and provide credibility...
rather than through normal administrative procedures.
In Germany
The German Constitution (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 nineteenth 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 (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. Through the introduction of disciplinary curricula, Lernfreiheit has become a rather empty concept.
In the Philippines
The 1987 Philippine Constitution states that, "Academic Freedom shall be enjoyed in all institutions of higher learning." 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 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. The dissenting faculty in Professor Raymundo's case are expected to appeal the BOR decisionIn South Africa
Section 16 of the 1996 Constitution of South AfricaSouth Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
offers specific protection to academic freedom. However there have been a large number of scandals around the restriction of academic freedom at a number of universities with particular concern being expressed at the situation at the University of KwaZulu-Natal
University of KwaZulu-Natal
The University of KwaZulu-Natal or UKZN is a university with five campuses all located in the province of KwaZulu-Natal in South Africa. It was formed on 1 January 2004 after the merger between the University of Natal and the University of Durban-Westville.-History:-University of...
.
In the 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 ProfessorsAmerican Association of University Professors
The American Association of University Professors is an organization of professors and other academics in the United States. AAUP membership is about 47,000, with over 500 local campus chapters and 39 state organizations...
("AAUP") and the Association of American Colleges (AAC) (now the Association of American Colleges and Universities
Association of American Colleges and Universities
The Association of American Colleges and Universities is a national association that is committed to improving undergraduate education and advancing liberal education as the preferred philosophy of education for all students...
). These principles state that "Teachers are entitled to freedom in the classroom in discussing their subject." 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." The Principles have only the character of private pronouncements, not that of binding law.
The six regional accreditors
Regional accreditation
Regional accreditation is a term used in the United States to refer to educational accreditation conducted by any of several accreditation bodies established to serve six defined geographic areas of the country for accreditation of schools, colleges, and universities...
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 this same institutions. The AAUP does not always agree with the regional accrediting bodies on the standards of protection of academic freedom and tenure. The AAUP lists those colleges and universities which it has found to violate these principles. There is some case law in the United States that teachers are limited in their academic freedoms.
Academic freedom for colleges and universities
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.The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
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."
In a 2008 case, a Federal court in Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
ruled that professors have no academic freedom; all academic freedom resides with the university or college. 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." The court relied on mandatory precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
of the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case of Sweezy v. New Hampshire and a case from the fourth circuit court of appeals. The Stronach court also relied on persuasive cases from several circuits of the courts of appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
, including the first, third, and seventh 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. The Stronach case has gotten significant attention in the academic community as an important precedent.
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. Academic freedom involves more than speech rights; for example, it includes the right to determine what is taught in the classroom. In practice, academic freedom is protected by institutional rules and regulations, letters of appointment, faculty handbooks, collective bargaining agreements, and academic custom.In the U.S., the freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
is guaranteed by the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, 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
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
has consistently held that academic freedom is a First Amendment right at public institutions. However, The United States' First Amendment has generally been held to not not apply to private institutions, including religious institutions. These private institutions may honor freedom of speech and academic freedom at their discretion.
Evolution debate
Academic Freedom is also associated with a movement to introduce Intelligent DesignIntelligent design
Intelligent design is the proposition that "certain features of the universe and of living things are best explained by an intelligent cause, not an undirected process such as natural selection." It is a form of creationism and a contemporary adaptation of the traditional teleological argument for...
as an alternative explanation to evolution
Evolution
Evolution is any change across successive generations in the heritable characteristics of biological populations. Evolutionary processes give rise to diversity at every level of biological organisation, including species, individual organisms and molecules such as DNA and proteins.Life on Earth...
in US public schools. Supporters claim that academic institutions need to fairly represent all possible explanations for the observed biodiversity
Biodiversity
Biodiversity is the degree of variation of life forms within a given ecosystem, biome, or an entire planet. Biodiversity is a measure of the health of ecosystems. Biodiversity is in part a function of climate. In terrestrial habitats, tropical regions are typically rich whereas polar regions...
on Earth, rather than implying no alternatives to evolutionary theory exist. They also seek legal protection from, and repercussions for, discriminatory injustices of faculty members and students who criticize evolution.
Critics of the movement claim Intelligent Design is religiously motivated pseudoscience
Pseudoscience
Pseudoscience is a claim, belief, or practice which is presented as scientific, but which does not adhere to a valid scientific method, lacks supporting evidence or plausibility, cannot be reliably tested, or otherwise lacks scientific status...
and cannot be allowed into the curriculum of US public schools due to the First Amendment to the United States Constitution
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
, often citing Kitzmiller v. Dover Area School District
Kitzmiller v. Dover Area School District
Tammy Kitzmiller, et al. v. Dover Area School District, et al. was the first direct challenge brought in the United States federal courts testing a public school district policy that required the teaching of intelligent design...
as legal precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
. They also reject the allegations of discrimination against proponents of Academic Freedom and Intelligent Design, of which investigation showed no evidence.
A number of "academic freedom bills
Academic Freedom bills
Academic Freedom bills are a series of antievolution bills introduced in state legislatures in the United States between 2004 and 2009. They assert that teachers, students, and college professors face intimidation and retaliation when discussing scientific criticisms of evolution, and therefore...
" have been introduced in state legislatures in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
between 2004 and 2008. The bills were based largely upon language drafted by the Discovery Institute
Discovery Institute
The Discovery Institute is a non-profit public policy think tank based in Seattle, Washington, best known for its advocacy of intelligent design...
, the hub of the Intelligent Design movement
Intelligent design movement
The intelligent design movement is a neo-creationist religious campaign for broad social, academic and political change to promote and support the idea of "intelligent design," which asserts that "certain features of the universe and of living things are...
, and derive from language originally drafted for the Santorum Amendment
Santorum Amendment
The Santorum Amendment was an amendment to the 2001 education funding bill which became known as the No Child Left Behind Act, proposed by former Republican United States Senator Rick Santorum from Pennsylvania, which promotes the teaching of intelligent design while questioning the academic...
in the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. 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
Creationism
Creationism is the religious beliefthat humanity, life, the Earth, and the universe are the creation of a supernatural being, most often referring to the Abrahamic god. As science developed from the 18th century onwards, various views developed which aimed to reconcile science with the Genesis...
. The American Association of University Professors has reaffirmed its opposition to these academic freedom bills, including any portrayal of creationism as a scientifically credible alternative and any misrepresentation of evolution as scientifically controversial. As of June 2008, only the Louisiana bill has been successfully passed into law.
The "Academic bill of rights"
Students for Academic Freedom (SAF) was founded in 2001 by David Horowitz to protect students from a perceived liberal bias in U.S. colleges and universities. The organization collected many statements from college students complaining that some of their professors were disregarding their responsibility to keep unrelated controversial material out of their classes and were instead teaching their subjects from an ideological point of view. In response, the organization drafted model legislation, called the Academic Bill of RightsAcademic Bill of Rights
The Academic Bill of Rights is a document created and distributed by Students for Academic Freedom, a public advocacy group spun off from the Center for the Study of Popular Culture, a think tank founded by former progressive, now conservative activist and writer David Horowitz...
, which has been introduced in several state legislatures and the U.S. House of Representatives. The Academic Bill of Rights is based on the Declaration of Principles on Academic Freedom and Academic Tenure as published by the American Association of University Professors in 1915, and modified in 1940 and 1970.
According to Students for Academic Freedom, academic freedom is "the freedom to teach and to learn." They contend in "The Academic Bill of Rights" that academic freedom promotes "intellectual diversity" and helps achieve a university's 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 traditions, the teaching and general development of students to help them become creative individuals and productive citizens of a pluralistic democracy, and the transmission of knowledge and learning to a society at large." They feel that, in the past forty years, the principles as defined in the AAUP Declaration have become something of a dead letter
Dead letter
A dead letter is one that can neither be delivered nor returned to sender. The term may also mean:* "Dead letter", legislation which has not been revoked but is obsolete, inapplicable, or no longer enforced....
, and that an entrenched class of tenured radical leftists is blocking all efforts to restore those principles. In an attempt to override such opposition, the Academic Bill of Rights calls for state and judicial regulation of colleges. Such regulation would ensure that:
- students and faculty will not be favored or disfavored because of their political views or religious beliefs;
- the humanities and social sciences, in particular, will expose their students to a variety of sources and viewpoints, and not present one viewpoint as certain and settled truth;
- campus publications and invited speakers will not be harassed, abused, or otherwise obstructed;
- academic institutions and professional societies will adopt a neutral attitude in matters of politics, ideology or religion.
Opponents claim that such a bill would actually restrict academic freedom, by granting politically-motivated legislators and judges the right to shape the nature and focus of scholarly concerns. According to the American Association of University Professors
American Association of University Professors
The American Association of University Professors is an organization of professors and other academics in the United States. AAUP membership is about 47,000, with over 500 local campus chapters and 39 state organizations...
, the Academic Bill of Rights is, despite its title, an attack on the very concept of academic freedom itself: "A fundamental premise of academic freedom is that decisions concerning the quality of scholarship and teaching are to be made by reference to the standards of the academic profession, as interpreted and applied by the community of scholars who are qualified by expertise and training to establish such standards." The Academic Bill of Rights directs universities to implement the principle of neutrality by requiring the appointment of faculty "with a view toward fostering a plurality of methodologies and perspectives," an approach they claim is problematic because "It invites diversity to be measured by political standards that diverge from the academic criteria of the scholarly profession." For example,"no department of political theory ought to be obligated to establish 'a plurality of methodologies and perspectives' by appointing a professor of Nazi political philosophy." Concurring, the president of Appalachian Bible College in West Virginia fears that the Academic Bill of Rights "would inhibit his college's efforts to provide a faith-based education and would put pressure on the college to hire professors... who espouse views contrary to those of the institution."
It should also be noted that there has been much controversy over the validity of the student’s statements used by Horowitz to support his organisation's claims. This is due to the revelation that one of the cases he referred to regularly was not factually accurate. Horowitz claims that this student had to write an essay on ‘why George Bush was a war criminal.’ Instead, the student chose to focus her answer on why Saddam Hussein was a war criminal and consequently received a grade ‘F’(Fail). In reality, this question asking students to state whether or not Bush was a war criminal was never set, and the student in question did not receive a grade ‘F’ for this particular exam. Horowitz acknowledges the flaws in this case but asks the public to believe that there are many other legitimate cases.
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 academicians 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.- The Bassett Affair at Duke UniversityDuke UniversityDuke University is a private research university located in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present day town of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco industrialist James B...
in North Carolina in the early 20th century was an important event in the history of academic freedom. In October 1903, Professor John Bassett publicly praised Booker T. WashingtonBooker T. WashingtonBooker Taliaferro Washington was an American educator, author, orator, and political leader. He was the dominant figure in the African-American community in the United States from 1890 to 1915...
and drew attention to the racism and white supremacist behavior of the Democratic party, to the disgust of powerful white Southerners. Many media reports castigated Bassett, and many 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 into political pressures and asked Bassett to resign. President Teddy Roosevelt later praised Bassett for his willingness to express the truth as he saw it. - In 1929, Experimental PsychologyExperimental psychologyExperimental psychology is a methodological approach, rather than a subject, and encompasses varied fields within psychology. Experimental psychologists have traditionally conducted research, published articles, and taught classes on neuroscience, developmental psychology, sensation, perception,...
Professor Max Friedrich Meyer and SociologySociologySociology is the study of society. It is a social science—a term with which it is sometimes synonymous—which uses various methods of empirical investigation and critical analysis to develop a body of knowledge about human social activity...
Assistant Professor Harmon O. DeGraff were dismissed from their positions at the University of MissouriUniversity of MissouriThe University of Missouri System is a state university system providing centralized administration for four universities, a health care system, an extension program, five research and technology parks, and a publishing press. More than 64,000 students are currently enrolled at its four campuses...
for advising student Orval Hobart MowrerOrval Hobart MowrerOrval Hobart Mowrer was an American born psychologist and professor of psychology at the University of Illinois from 1948 to 1975 known for his research on behaviour therapy. Mowrer practiced psychotherapy in Champaign-Urbana and at Galesburg State Research Hospital. In 1954 Mowrer held the...
regarding distribution of a questionnaire which inquired about attitudes towards divorce, "living together", and sex. The university was subsequently censured by the American Association of University ProfessorsAmerican Association of University ProfessorsThe American Association of University Professors is an organization of professors and other academics in the United States. AAUP membership is about 47,000, with over 500 local campus chapters and 39 state organizations...
in an early case regarding academic freedom due a tenured professor. - William ShockleyWilliam ShockleyWilliam Bradford Shockley Jr. was an American physicist and inventor. Along with John Bardeen and Walter Houser Brattain, Shockley co-invented the transistor, for which all three were awarded the 1956 Nobel Prize in Physics.Shockley's attempts to commercialize a new transistor design in the 1950s...
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 was strongly criticized for this stand, which raised some concerns about whether criticism of unpopular views of racial differences suppressed academic freedom. - In the aftermath of the September 11, 2001 attacksSeptember 11, 2001 attacksThe September 11 attacks The September 11 attacks The September 11 attacks (also referred to as September 11, September 11th or 9/119/11 is pronounced "nine eleven". The slash is not part of the pronunciation...
, some public statements made by some university faculty were criticized. Most prominent among these were these comments made in January 2005 by University of ColoradoUniversity of Colorado at BoulderThe University of Colorado Boulder is a public research university located in Boulder, Colorado...
professor Ward ChurchillWard ChurchillWard LeRoy Churchill is an author and political activist. He was a professor of ethnic studies at the University of Colorado at Boulder from 1990 to 2007. The primary focus of his work is on the historical treatment of political dissenters and Native Americans by the United States government...
. He published an essay in which he asserted that the attack on the United States was justified because of American foreign policy. On news and talk programs, he was criticized for describing the World Trade CenterWorld Trade CenterThe original World Trade Center was a complex with seven buildings featuring landmark twin towers in Lower Manhattan, New York City, United States. The complex opened on April 4, 1973, and was destroyed in 2001 during the September 11 attacks. The site is currently being rebuilt with five new...
victims as "little EichmannsLittle EichmannsLittle Eichmanns is a phrase used to describe the complicity of those who participate in destructive and immoral systems in a way that, although on an individual scale may seem indirect, when taken collectively would have an effect comparable to Nazi official Adolf Eichmann's role in The Holocaust....
," a reference to Hannah Arendt'sHannah ArendtHannah Arendt was a German American political theorist. She has often been described as a philosopher, although she refused that label on the grounds that philosophy is concerned with "man in the singular." She described herself instead as a political theorist because her work centers on the fact...
Eichmann in JerusalemEichmann in JerusalemEichmann in Jerusalem: A Report on the Banality of Evil is a book written by political theorist Hannah Arendt, originally published in 1963...
. Many called for Churchill to be fired for saying that the workers in the World Trade Center were legitimate military targets whose deaths were the inevitable result of American financial dominance and foreign policy positions. Others, even if they disagreed with his opinions, defended him on the principle of academic freedom. - At the beginning of the 21st century, Lawrence SummersLawrence SummersLawrence Henry Summers is an American economist. He served as the 71st United States Secretary of the Treasury from 1999 to 2001 under President Bill Clinton. He was Director of the White House United States National Economic Council for President Barack Obama until November 2010.Summers is the...
, 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. His critics were, in turn, accused of attempting to suppress academic freedom. - 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.
- In 2006 trade union leader and sociologist Fazel Khan was fired from the University of KwaZulu-NatalUniversity of KwaZulu-NatalThe University of KwaZulu-Natal or UKZN is a university with five campuses all located in the province of KwaZulu-Natal in South Africa. It was formed on 1 January 2004 after the merger between the University of Natal and the University of Durban-Westville.-History:-University of...
in DurbanDurbanDurban is the largest city in the South African province of KwaZulu-Natal and the third largest city in South Africa. It forms part of the eThekwini metropolitan municipality. Durban is famous for being the busiest port in South Africa. It is also seen as one of the major centres of tourism...
, South AfricaSouth AfricaThe Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...
after taking a leadership role in a strike. 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. - J. Michael BaileyJ. Michael BaileyJohn Michael Bailey is an American psychologist and professor at Northwestern University. He is best known among scientists for his work on the etiology of sexual orientation, from which he concluded that homosexuality is substantially inherited...
wrote a popular sciencePopular sciencePopular science, sometimes called literature of science, is interpretation of science intended for a general audience. While science journalism focuses on recent scientific developments, popular science is broad-ranging, often written by scientists as well as journalists, and is presented in many...
-style book, The Man Who Would Be QueenThe Man Who Would Be QueenThe Man Who Would Be Queen: The Science of Gender-Bending and Transsexualism is a 2003 book by J. Michael Bailey, published by Joseph Henry Press....
, which promotes Ray Blanchard's theory that transwomen are motivated by sexuality, and dismisses the "woman trapped in a man's body" concept of transsexuality . Blanchard's theory divides transwomen into two groups (autogynephilics and homosexual transsexuals) according to their sexual orientationSexual orientationSexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
. In an effort to discredit his book, some trans activists filed formal complaints with Northwestern University accusing Bailey of conducting regulated human researchInstitutional review boardAn institutional review board , also known as an independent ethics committee or ethical review board , is a committee that has been formally designated to approve, monitor, and review biomedical and behavioral research involving humans with the aim to protect the rights and welfare of the...
by talking informally to transwomen without first obtaining written proof of informed consent. They also filed a complaint with Illinois state regulators, requesting that they investigate Bailey for practicing psychology without a license. Bailey, who was not licensed to practice clinical psychology in Illinois, had provided some transwomen with free case evaluation letters, saying that he believed they were good candidates for sex-reassignment surgery. Regulators dismissed the complaint. Andrea JamesAndrea JamesAndrea Jean James is an American film consultant, actress, LGBT rights activist, and transsexual woman.-Career:In 2003, James co-founded Deep Stealth Productions with her business partner Calpernia Addams, to create educational materials for transsexual women, to raise awareness about the epidemic...
, a Los Angeles-based transgender activist, posted photographs of Bailey's children, taken when they were in middle and elementary school, with sexually explicit captions that she provided. - Thio Li-annThio Li-annThio Li-ann is a Singaporean law professor at the National University of Singapore. She was educated at the University of Oxford, Harvard Law School and the University of Cambridge. In January 2007, she was appointed a Nominated Member of Parliament in Singapore's 11th Parliament.-Early life and...
withdrew from an appointment at New York University School of LawNew York University School of LawThe New York University School of Law is the law school of New York University. Established in 1835, the school offers the J.D., LL.M., and J.S.D. degrees in law, and is located in Greenwich Village, in the New York City borough of Manhattan....
after controversy erupted about some anti-gay remarks she had made, prompting a discussion of academic freedom within the law school. - In 2009 the University of California at Santa Barbara charged William I. RobinsonWilliam I. RobinsonWilliam I. Robinson is an American professor of sociology at the University of California, Santa Barbara. His work focuses on political economy, globalization, Latin America and historical materialism...
with anti-SemitismAnti-SemitismAntisemitism is suspicion of, hatred toward, or discrimination against Jews for reasons connected to their Jewish heritage. According to a 2005 U.S...
after he circulated an email to his class containing more than two dozen photographs of Jewish victims of the Nazis, including those of dead children, juxtaposed with nearly identical images from the Gaza Strip. It also included an article critical of Israel's treatment of the Palestinians and a note from Robinson stating "Gaza is Israel's Warsaw -- a vast concentration camp that confined and blockaded Palestinians," the professor wrote. "We are witness to a slow-motion process of genocide."., The charges were dropped after a world wide campaign against the management of the university. - 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.
- During the interwar years (cir. 1919-1939) Canadian academics were informally expected to be apolitical, lest they bring trouble to their respective universities who, 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 DepressionGreat Depression in CanadaCanada was hit hard by the Great Depression. Between 1929 and 1939, the gross national product dropped 40% . Unemployment reached 27% at the depth of the Depression in 1933...
, due to the rise of social gospelSocial GospelThe Social Gospel movement is a Protestant Christian intellectual movement that was most prominent in the early 20th century United States and Canada...
ideology, some left-wing academics began taking active part in contemporary political issues outside of the university. Thus, individuals such as Frank H. UnderhillFrank UnderhillFrank Hawkins Underhill, was a Canadian historian, social critic and political thinker.Frank Underhill, born in Stouffville, Ontario, was educated at the University of Toronto and the University of Oxford where he was a member of the Fabian Society...
at the University of TorontoUniversity of TorontoThe University of Toronto is a public research university in Toronto, Ontario, Canada, situated on the grounds that surround Queen's Park. It was founded by royal charter in 1827 as King's College, the first institution of higher learning in Upper Canada...
and other members or affiliates with the League for Social ReconstructionLeague for Social ReconstructionThe League for Social Reconstruction was a circle of Canadian socialist intellectuals officially formed in 1932, though it had its beginnings during a camping retreat in 1931. These academics were advocating radical social and economic reforms and political education. Industrialization,...
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 FederationCo-operative Commonwealth FederationThe Co-operative Commonwealth Federation was a Canadian political party founded in 1932 in Calgary, Alberta, by a number of socialist, farm, co-operative and labour groups, and the League for Social Reconstruction...
. According to Michiel HornMichiel HornMichiel Steven Daniel Horn is a Canadian professor and historian.His family migrated to Canada in 1952, settling in Victoria, British Columbia.He holds a BA from the University of British Columbia, and an MA and PhD from the University of Toronto...
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.”
See also
- Freedom of speechFreedom of speechFreedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
- Network for Education and Academic RightsNetwork For Education and Academic RightsNetwork For Education and Academic Rights is a membership-based, non-governmental organisation which works to promote and protect academic freedom and academic rights....
- Politicization of sciencePoliticization of scienceThe politicization of science is the manipulation of science for political gain. It occurs when government, business, or advocacy groups use legal or economic pressure to influence the findings of scientific research or the way it is disseminated, reported or interpreted. The politicization of...
- Scholars at RiskScholars At RiskScholars at Risk is a U.S.-based international network of academic institutions organized to support and defend the principles of academic freedom and to defend the human rights of scholars around the world....
- Scientific freedomScientific freedomScientific freedom is the idea of freedom applied to natural science, in particular the practices of scientific research and discourse, mainly by publication...
- Speech codeSpeech codeA speech code is any rule or regulation that limits, restricts, or bans speech beyond the strict legal limitations upon freedom of speech or press found in the legal definitions of harassment, slander, libel, and fighting words. Such codes are common in the workplace, in universities, and in...
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.
- 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.
- Hofstadter, RichardRichard HofstadterRichard Hofstadter was an American public intellectual of the 1950s, a historian and DeWitt Clinton Professor of American History at Columbia University...
, 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.
- Nelson, CaryCary NelsonCary Nelson , professor of English and Jubilee Professor of Liberal Arts and Sciences at the University of Illinois at Urbana-Champaign, is the current president of the American Association of University Professors and a prominent scholar-activist....
, No University Is an Island: Saving Academic Freedom. New York University Press, 2010. ISBN 978-0-8147-5859-5 - Russell, ConradConrad Russell, 5th Earl RussellConrad Sebastian Robert Russell, 5th Earl Russell was a British historian and politician. His parents were the philosopher and mathematician Bertrand Russell and Patricia Russell...
. "Academic Freedom", Routledge (1993) ISBN 0-415-03715-8 - Sandis, Constantine. "Free Speech Within Reason". Times Higher Education,21 January 2010.
External links
- Network for Education and Academic Rights, International
- Academic Freedom Watch, Australia
- American Association of University Professors
- Council for Academic Freedom and Academic Standards, United Kingdom