Academic Freedom

This book details the legal and historical development of institutional and professorial academic freedoms to better understand the relationship between these concepts. While some judges and scholars have focused on the divergence of these protections, this book articulates an aligned theory that brings both the professorial and institutional theories together. It argues that while constitutionally based academic freedom does its job in protecting both public and private universities from excessive state interference, or at the very least it asks the right questions, it is inadequate because it fails to protect many individual professors in the same way. This solution entails using contract law to fill in the gaps that constitutional law leaves open in regard to protecting individual professors. Contract law is an effective alternative to constitutional law for three reasons. First, unlike constitutional law, it covers professors at both public and private universities. Second, it allows for the consideration of the custom and usage of the academic community as either express or implied contract terms in resolving disputes between universities and professors. Third, contract law enables courts to structure remedies that take into account the specific campus contexts that give rise to various disputes instead of crafting broad remedies that may ill fit certain campus environments. The proposed reconceptualization of academic freedom merges constitutional protection for institutions and contractual protection for individual professors. This combined approach would provide a more comprehensive framework than is currently available under the predominantly constitutional paradigm of academic freedom.

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 since 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.