Academic Freedom and the First Amendment in the Supreme Court of the United States: An Unhurried Historical Review

Alstyne, William W. Van

doi:10.2307/1191794

Cited by 33 publications

(3 citation statements)

References 41 publications

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“…Although many people seem to assume that freedom of inquiry and academic freedom are subsets of, and largely subsumed by, the legal protections for freedom of speech, the two are distinct legal concepts (van Alstyne, 1990). Furthermore, free expression, whether protected on the grounds of the First Amendment or supported because of belief in free expression as a moral principle (see above), can infringe on someone else's academic freedom and their ability to engage in free inquiry.…”

Section: Freedom Of Expression Versus Freedom Of Inquirymentioning

confidence: 99%

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Scholarship Suppression: Theoretical Perspectives and Emerging Trends

Stevens¹,

Jussim²,

Honeycutt³

2020

Preprint

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This paper explores the suppression of ideas within academic scholarship by academics, either by self-suppression or because of the efforts of other academics. Legal, moral, and social issues distinguishing freedom of speech, freedom of inquiry, and academic freedom are reviewed. How these freedoms and protections can come into tension is then explored by a sociological analysis of denunciation mobs who exercise their legal free speech rights to call for punishing scholars who express ideas they disapprove of and condemn. When successful, these efforts, which constitute legally protected speech, will suppress certain ideas. Real-world examples over the past five years of academics who have been sanctioned or terminated for scholarship targeted by a denunciation mob are then explored.

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Section: Freedom Of Expression Versus Freedom Of Inquirymentioning

confidence: 99%

“…Even though American courts have recognized a relationship between academic freedom and the First Amendment, the two are distinct legal concepts (van Alstyne, 1990). The First Amendment applies to all citizens and affords them protection from government restrictions on their expression.…”

mentioning

confidence: 99%

Scholarship Suppression: Theoretical Perspectives and Emerging Trends

Stevens¹,

Jussim²,

Honeycutt³

2020

Preprint

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“…Member institutions of the AACU are therefore obligated to adhere to the principles delineated in the statement. The legally binding nature of these principles for public institutions has been repeatedly supported by the US Supreme Court, which defined academic freedom as "a special concern of the First Amendment which does not tolerate laws that cast a pall of orthodoxy over the classroom" (Keyishian v Board of Regents, 385 US 589 [1967] and reviewed by Van Alstyne 5 ). Private colleges and universities are not governmental entities; therefore, the main source of legal protection for academic freedom at private colleges and universities is their own handbooks, policies, and faculty contracts, rather than the First Amendment.…”

Section: Introductionmentioning

confidence: 99%

Academic Freedom Should Be Redefined: Point and Counterpoint

Woods

Acosta

Chung

et al. 2016

American Journal of Pharmaceutical Education

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As part of the 2014-15 Academic Leadership Fellows Program, the cohort teams presented debates on topics relevant to academic pharmacy at a public forum during the 2015 American Association of Colleges of Pharmacy Interim Meeting. The topic of one of the debates was "Academic Freedom Should Be Redefined." The "point" of the debate focused on important issues such as the fundamental definition of academic freedom as it was written in the 1940 American Association of University Professors' Statement and the need for redefinition as a consequence of many misunderstandings and misinterpretations that have arisen over time. The "counterpoint" received the greatest support, and it asserted that redefinition is not necessary, but rather the need is to clearly articulate the intended meaning of academic freedom through education, discussion, and by not supporting inappropriate behaviors in the name of "academic freedom." Reinforced clarity and operational guidance from the academy and academic institutions may add further clarification and may be the best approach to address the concerns related to academic freedom.

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Can Homo Sapiens Improve upon ‘Us Versus Them’ and ‘Us Versus Nature’ During a Pandemic?

Waters¹

2021

Information Security Technologies for Controlling Pandemics

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Academic Freedom and the First Amendment in the Supreme Court of the United States: An Unhurried Historical Review

Cited by 33 publications

References 41 publications

Scholarship Suppression: Theoretical Perspectives and Emerging Trends

Scholarship Suppression: Theoretical Perspectives and Emerging Trends

Academic Freedom Should Be Redefined: Point and Counterpoint

Can Homo Sapiens Improve upon ‘Us Versus Them’ and ‘Us Versus Nature’ During a Pandemic?

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