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Academic Freedom)
Academic freedom is a widely used and championed phrase, but an often poorly defined concept with different meanings in different cultures and different contexts. It can refer to the alleged right of students, teachers or academic institutions to do or be protected from a number of different things. The idea of academic freedom as stemming from, but different than freedom of speech (as guaranteed by the First Amendment of the United States Constitution) has been described in many court cases, but is considered by some to be ungrounded.
Many cases that have been judged to involve academic freedom are examples of:
- government suppression of political speech
- government interference with freedom of association, or
- government endorsement of religion.
According to some, these types of cases deal with rights that belong to everyone, not just students or professors, and that the legal concept of academic freedom is ill defined and inconsistent.
Who Possesses It?
The Student
The idea of academic freedom as a right of the student is German in origin. In this model (known in German as Lernfreiheit), the student is free to pursue their own course of study, taking whatever courses they like at whatever university they choose. This ideal was carried to the United States in the 19th century by some scholars who had studied at German universities. It was most prominently employed in the United States by Charles Eliot at Harvard University between 1872 and 1897, when the only required course was freshman rhetoric.
The American Association of University Professors (AAUP) acknowledged this application of the term "academic freedom" in its "General Declaration of Principles" in 1915, but when it issued a "Statement on the Academic Freedom of Students" in 1964, the concept described was far different from the traditional German model. (Kemp, p. 6)
The Professor
The concept of academic freedom as a right of faculty members (Lehrfreiheit in German) is an established part of German, English and American cultures. All three acknowledge the right of a faculty member to pursue research and publish their findings without restraint, but they differ in regard to the professor's freedom in a classroom situation.
In the German tradition, a professor is permitted to attempt to persuade his students to adopt his point of view on a matter, but he is discouraged or prohibited from stating his views, particularly political views, outside the class; in regard to his teaching, there should be no duties required of the professor, no prescribed syllabus, and no restriction to a particular subject. An American professor, on the other hand, is expected to present opposing viewpoints in a fair and objective manner in class, but he is free to have and express his own opinions outside the university setting without fear of recrimination, but it is understood that this freedom is limited by the requirement to perform "other academic duties." (Kemp, p. 7)
The Institution
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. (Kemp, p. 7)
The Supreme Court of the United States 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." (Regents of the University of California v. Bakke, 438 U.S. 265, 312. 1978.) (Standler)
Freedom From What or To Do What?
Apart from the traditional German concept, which has few advocates today, it is generally believed that inquiry by students and faculty members is legitimately limited by academic requirements, but should be free from external restraints, as this is the best climate for the pursuit of truth.
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