Academic freedom(political)

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.

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 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:

1. that academics, both inside and outside the classroom, have unrestricted liberty to question and test received wisdom and to put forward controversial and unpopular opinions, whether or not these are deemed offensive, and
2. that academic institutions have no right to curb the exercise of this freedom 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 '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 French 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 professors 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.

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 decision 

In South Africa

Section 16 of the 1996 Constitution of South Africa 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. 

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 Professors ("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.

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 said that academic freedom means a university can "determine for itself on academic grounds:

1. who may teach,
2. what may be taught,
3. how it should be taught, and
4. who may be admitted to study." 

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.  TheStronach 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. 

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 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 atpublic 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.

Controversies

Evolution debate

Academic Freedom is also associated with a movement to introduce Intelligent Design 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.

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 Rights, 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 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:

• 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, 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 University 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. Washington and drew attention to the racism and white supremacist behavior of the Democratic party (the Republican Party was the most liberal and progressive of the two at that time), 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 Psychology Professor Max Friedrich Meyer and Sociology Assistant Professor Harmon O. DeGraff were dismissed from their positions at the University of Missouri for advising student Orval Hobart Mowrer 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 Professors in an early case regarding academic freedom due a tenured professor. 
• William Shockley 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 attacks, some public statements made by some university faculty were criticized. Most prominent among these were these comments made in January 2005 by University of Colorado professor Ward Churchill. He published an essay in which he asserted that the attack on the United States, while unjustified, were provoked by American foreign policy. On news and talk programs, he was criticized for describing the World Trade Center victims as "little Eichmanns", a reference to Hannah Arendt's Eichmann in Jerusalem. The university fired Churchill in 2007. Churchill successfully filed a law suit for unlawful termination of employment.
• At the beginning of the 21st century, Lawrence Summers, 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-Natal in Durban, South Africa 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 Bailey wrote a popular science-style book, The Man Who Would Be Queen, 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 theirsexual orientation. In an effort to discredit his book, some trans activists filed formal complaints with Northwestern University accusing Bailey of conducting regulated human research 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 forpracticing 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 James, 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-ann withdrew from an appointment at New York University School of Law 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. Robinson with anti-Semitism 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 Depression, due to the rise of social gospel ideology, some left-wing academics began taking active part in contemporary political issues outside of the university. Thus, individuals such as Frank H. Underhill at the University of Toronto and other members or affiliates with the League for Social Reconstruction 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 Federation. According to Michiel Horn 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.”