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OAH Issues Academic Freedom Guidelines and Best Practices

Prepared by the OAH Committee on Academic Freedom

 

 

Academic Freedom: What is it & Why does it matter?

Academic freedom is the principle of freedom of expression for scholars engaged in discipline-related teaching, learning, research, publication and service. Academic freedom is the foundation of intellectual discovery; it ensures an open search for knowledge and “nourishes the environment within which students develop critical habits of mind” [1] essential to the citizenry of a democratic society. Academic freedom entails both rights and responsibilities.

 

Components of Academic Freedom

Applies to full-time, part-time, tenure/tenure-track, contingent, graduate student instructors, research assistants. 

 

In Research & Publication

Academic freedom includes the liberty to conduct research and draw conclusions rooted in evidence.  Academic freedom defends researchers’ right to choose methodologies, draw conclusions, and assert the value of their contributions, but does not protect against critiques of their claims.

In Teaching & Learning

Academic freedom includes the individual instructor’s right to select course materials and content, pedagogy, make assignments and assess student performance. These should be germane to the subject matter. 

Limits may arise where (1) coordination among instructors for common courses requires agreement on matters of content, syllabi, materials and examinations;[2] (2)  there are institutional constraints and concerns rooted in the religious aims of the university, which should be explicitly laid out in writing for instructors prior to appointment;[3] (3) the manner of instruction substantially impairs the rights of others or…demonstrates that the instructor is professionally ignorant, incompetent, or dishonest with regard to their discipline or fields of expertise.”[4]

In Public Expression

Academic freedom includes the right to bring relevant expertise to “the larger community with regard to any matter of social, political, economic or other interest;” and through any mode of communication (including speech, writing and electronic media).[5]

As experts operating in the public sphere, historians should aim to “be accurate, should exercise appropriate restraint, [and] should show respect for the opinions of others.”[6] 

 

 

Academic Freedom vs. Free Speech: What’s the Difference?

 

 

 

Academic Freedom

Free Speech

To whom does this right apply?

Educators engaged in the pursuit of their discipline; in public and private institutions

All people within the jurisdiction of the United States

What does it “cover”?

Discipline-related teaching, learning, research, publication, in and outside the classroom

All forms of speech and speech content without regard to the speaker’s knowledge or accuracy

Who or what institution is charged with respecting/not violating this right?

Educational institutions at all levels

Governments, public institutions and their policies and representatives

Source(s) of this right?

Depend[s] on constitutional law, state law, institutional custom and policy, and whether the institution is public or private[7]

1st Amendment to the U.S. Constitution and related laws and court decisions

 

In the Words of Scholarly Experts:

Joan Wallach Scott[8]

Historian, Institute for Advanced Study & member of AAUP Committee A on Academic Freedom and Tenure

“[there is a] difference between academic freedom -- a protection of faculty rights based on disciplinary competence -- and freedom of speech-- the right to express one's ideas, however true or false they may be.”

“Student free speech is appropriately limited in the university classroom, subject to the disciplinary tutelage of the professor in charge -- a professor who has been subjected to and certified by a disciplined formation of his or her own. This does not mean silent acquiescence in the face of indoctrination, far from it. It does mean learning how to critically evaluate things, how to question orthodoxy and challenge it from a position of knowledge rather than one of unexamined belief.”

AAUP[9]

Statement on academic freedom and the first amendment

“The First Amendment generally restricts the right of a public institution—including a public college or university—to regulate expression on all sorts of topics and in all sorts of settings. Academic freedom, on the other hand, addresses rights within the educational contexts of teaching, learning, and research both in and outside the classroom—for individuals at private as well as at public institutions.”

 

The Courts on Academic Freedom and Free Speech:

[excerpted from: AAUP, “Academic Freedom and the First Amendment” (2007) and AAUP, “Protecting an Independent Faculty Voice: Academic Freedom after Garcetti v. Ceballos” (2009)]

 

 

BEST PRACTICES IN DEFENSE OF ACADEMIC FREEDOM

 

  1. Develop a good understanding of the principles, rights and responsibilities of Academic Freedom – and abide by these rights and responsibilities.  Recommended starting points:
  2. Promote the development and application of policies at your institution to guide administration, faculty at all ranks, and students in understanding and exercising rights, responsibilities, and procedures in situations where academic freedom is felt to be threatened or abused. This may occur through one or more of the following:
    • Faculty Handbook, Faculty Constitution, By-laws and/or Shared Governance policies
    • Collective Bargaining Contracts
    • Institution and Governing Board policies (including adherence to Accreditation standards)
  3. Approach academic freedom as a cornerstone of scholarly inquiry. This could take the form of:
    • Individually- or departmentally-developed syllabus &/or web statement
    • Individually- or departmentally-developed curriculum
  4. Assess your scholarly and personal practices and statements in light of the rights and responsibilities of academic freedom to ensure that you are:
    • Exercising Academic Freedom with integrity and professionalism.
    • Exercising Academic Freedom & Free Speech with integrity and discretion in the digital age.
    • Identifying one’s disciplinary competence and institutional affiliation is a free speech right; stating or implying that your speech represents or is legitimated by the institution is not protected free speech or academic freedom.
    • Academic Freedom is always in flux - keep current on emerging problems and practices; engage thoughtfully and prudently.
  1. Seek the input and perspectives of colleagues as you contemplate research, publications, digital communications, and teaching that might tempt challenges to your academic freedom.
    • Build a community of scholars within and across disciplines that regularly shares, reflects on, and offers advice about academic freedom concerns or experiences.
    • Similar to a good peer review, this can strengthen your professional work and preclude unnecessary errors of omission and commission.
    • If questions arise this can demonstrate adherence to disciplinary practices.
  1. Keep a detailed record of incidents or situations that have, or you think could, become fodder to challenge your academic freedom.
    • Be a good archivist of your own practice.
    • Share relevant concerns and materials with professional colleagues.
  2. Contact the OAH when you have concerns about specific actions, incidents or policies that violate or threaten to violate academic freedom. Contact OAH Executive Director Katherine M. Finley.

 

ADDITIONAL RESOURCES on Academic Freedom

 

What Academic Freedom Means (and does not mean)

Court Cases related to Academic Freedom and Free Speech

Statements and Reports on Academic Freedom by Professional Organizations

Academic Freedom and Collective Bargaining

Academic Freedom and Contingent Faculty

Academic Freedom in the Digital Age

More?

Joan DelFattore, Knowledge in the Making: Academic Freedom and Free Speech in America's Schools and Universities.  New Haven: Yale University Press, 2010.

Matthew W. Finkin and Rober C. Post, For the Common Good: Principles of American Academic Freedom. New Haven: Yale University Press, 2009.

Cary Nelson, No University is an Island: Saving Academic Freedom. New York: New York University Press, 2010.

“Forum on Academic Freedom,” First Amendment Studies, 49:1 (2015): 1-30.

AAUP Founded in 1915, the AAUP continues to be the lead professional organization engaged in developing and advocating nationally recognized principles and policies regarding  academic freedom.  The AAUP website provides public access to documents, statements, and reports related to the AAUP’s work protecting academic freedom.

 

 

[1] “Scholarly Associations Defend Tenure and Academic Freedom in Wisconsin,” June 11, 2015.  http://www.acrl.ala.org/acrlinsider/archives/10415 Accessed January 27, 2018.

[2] AAUP Statement on the Freedom to Teach, https://www.aaup.org/news/statement-freedom-teach#.WpyF3OjwauU; Rachel Levinson, “Academic Freedom and the First Amendment” (July 2007).  https://www.aaup.org/our-work/protecting-academic-freedom/academic-freedom-and-first-amendment-2007  Accessed January 28, 2018.

[3] AAUP, Statement on Academic Freedom and Tenure, 1940.

[4] Cary Nelson (AAUP president), “Defining Academic Freedom” Inside Higher Education (Dec. 21, 2010).  Accessed January 28, 2018.

[5] AAUP statement by Hank Reichman on “Academic Freedom in the Classroom” (October 4, 2017). https://www.youtube.com/watch?v=M7NL55LwOUY  Accessed January 28, 2018.

[6] AAUP, “1940 Statement.”

[7] Rachel Levinson (AAUP Senior Counsel), American Association of University Professors [AAUP], “Academic Freedom and the First Amendment, July 2007.  [accessed 2/20/2018 at https://www.aaup.org/our-work/protecting-academic-freedom/academic-freedom-and-first-amendment-2007 ]

[8] Joan Scott, “On Free Speech and Academic Freedom,” AAUP Journal of Academic Freedom, Vol. 8. (2017).

[9] Levinson, “Academic Freedom and the First Amendment.”

[10] Ibid.

[11] Ibid.

[12] Ibid.

[13] “Protecting an Independent Faculty Voice: Academic Freedom after Garcetti v. Ceballos.” [accessed 2/21/2018 at

https://www.aaup.org/report/protecting-independent-faculty-voice-academic-freedom-after-garcetti-v-ceballos 

Posted: July 31, 2018
Tagged: News of the Organization, News of the Profession