The Specific Theory of Academic Freedom and the General Issue of Civil Liberties*

Abstract

Academic freedom has been blurred in law and in popular usage. Its clarification should enable the Supreme Court to grant it explicit protection under the Constitution as an identifiable subset of First Amendment freedoms. Its identification with the professional endeavors of faculty mem bers, moreover, should reduce the tendency of institutions to intrude upon the aprofessional personal liberties of the faculty even while adequately protecting the extramural professional pursuits of the faculty and assuring them of equal protection in their interests as private citizens. Adjustments of standards by the American Association of University Professors, more definitely distinguishing the special accountability of faculty members for the integrity of their professional endeavors from their roles as private citizens, is long overdue.

Liberdade Acadêmica Em Tempos Difíceis: Diálogos Brasil E Estados Unidos

“…: (RABBAN, 1999: 242-243) e ( VAN ALSTYNE, 1972: 147-149). 13 Ver, neste sentido: (RABBAN, 1999) e ( VAN ALSTYNE, 1972). Divergindo, construindo uma concepção mais alargada da academic freedom, temos: (SEARLE, 1971).…”

“…20 Tomemos os debates sobre concepções de liberdade acadêmica individual e aquelas que enfatizam a proteção institucional (HORWITZ, 2007), além de outras, com que tendemos a concordar, que entendem que estas dimensões não são excludentes, mas pressupõem-se (RABBAN, 1999). Há também os debates desta liberdade ser intra ou extramuros, se abarcaria discursos diretamente profissionais ou também não profissionais (VAN ALSTYNE, 1972), se seria ou não um subsistema da liberdade de expressão. (DWORKIN, 2006: 390-415) 21 Ver: NAACP v. Button, 1963. …”

Individual Academic Freedom and Aprofessional Acts

“…15 These scholars are harking back to the days when Lehrfreiheit was first provided with a theoretical formulation, around the date of the establishment of the University of Berlin (1809-1810), and with a legal codification in the Prussian Constitution of 1850. 15 These scholars are harking back to the days when Lehrfreiheit was first provided with a theoretical formulation, around the date of the establishment of the University of Berlin (1809-1810), and with a legal codification in the Prussian Constitution of 1850.…”

“…Yet judicial attempts to fashion a doctrine of academic freedom in the United States have led a number of prominent legal scholars not only to cast doubt on the enterprise of the courts, accused of having ''used academic freedom and free speech interchangeably or ambiguously,'' 14 but also to challenge on conceptual and principled grounds the broad view. 15 These scholars are harking back to the days when Lehrfreiheit was first provided with a theoretical formulation, around the date of the establishment of the University of Berlin (1809-1810), and with a legal codification in the Prussian Constitution of 1850. The German concept of academic freedom, which strongly inspired the American perspective at the turn of the twentieth century, offered a more limited view.…”

Foundations of Academic Freedom: Making New Sense of Some Aging Arguments

“…Generally, I will not dwell in detail on the various criticisms leveled against the arguments presented below, preferring instead to focus on the question of what such arguments need to prove in order to establish academic freedom as a principle different from free speech and intellectual freedom (Van Alstyne 1975;Dworkin 1996;De George 1997). While this distinction remains a somewhat contentious issue, it will not be addressed directly in this paper, as a survey of free speech and intellectual freedom justifications would require considerable additional space.…”