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The Social Value Of Academic Freedom Defended, J. Peter Byrne
The Social Value Of Academic Freedom Defended, J. Peter Byrne
Indiana Law Journal
In his recent book, Versions of Academic Freedom: From Professionalism to Revolution, Stanley Fish renewed his arguments for an “it’s just a job” account of academic freedom, begun in his 2008 book, Save the World on Your Own Time. He claims that academic freedom consists of nothing more than the conditions necessary to follow the established criteria for scholarship and teaching within each discipline. He complains chiefly against the invocation of academic freedom to protect or glorify political advocacy by academics. There is a lot in Fish’s account to admire and agree with. The appropriate sphere of academic freedom needs …
Academic Duty And Academic Freedom, Amy Gadja
Academic Duty And Academic Freedom, Amy Gadja
Indiana Law Journal
On December 31, 1915, the newly formed American Association of University Professors (AAUP) and its Committee on Academic Freedom and Academic Tenure accepted a set of guidelines designed to shape the organization and its work to protect academics against the termination power of their employer-universities. The “General Declaration of Principles,” drafted by approximately a dozen educators who were called from universities across the country, begins with a decided focus on the rights of individuals within the academy: “The term ‘academic freedom’ has traditionally had two applications,” the language reads at the start, “to the freedom of the teacher and to …
The Regrettable Underenforcement Of Incompetence As Cause To Dismiss Tenured Faculty, David M. Rabban
The Regrettable Underenforcement Of Incompetence As Cause To Dismiss Tenured Faculty, David M. Rabban
Indiana Law Journal
Universities are extremely reluctant to dismiss tenured professors for incompetence. This reluctance compromises the convincing and broadly accepted justification for the protection of academic freedom through tenure set forth in the 1915 Declaration of Principles of the American Association of University Professors (AAUP). After asserting that society benefits from the academic freedom of professors to express their professional views without fear of dismissal, the 1915 Declaration maintained that the grant of permanent tenure following a probationary period of employment protects academic freedom. Yet the 1915 Declaration also stressed that academic freedom does not extend to expression that fails to meet …
The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.
The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.
Communication and Theater Association of Minnesota Journal
The First Amendment prohibits any establishment of religion, a dicta that has been applied in an apparently inconsistent manner by the Supreme Court when called upon to evaluate various forms of verbal and nonverbal religious communication. Court decisions have approved religious prayers and displays in government settings. When such exercises and displays were introduced to the public school academic setting, the Court chose to disallow the practice. An examination of judicial opinions reveals that justices recognize three factors inherent to the academic setting which justify the apparently contradictory decisions. Because of the captive nature of the audience, the presence of …
Little Red Herrings:Charlie Hebdo And The Moral Equivalence Fallacy, Mark Y. Herring
Little Red Herrings:Charlie Hebdo And The Moral Equivalence Fallacy, Mark Y. Herring
Winthrop Faculty and Staff Publications
The tragedy of Charlie Hebdo in Paris kicked off what we hope is not a harbinger of 2015 things to come. The massacre by radical Muslims of some dozen employees of the satirical Paris magazine has set off a wave of newfound “freedom of expression” advocates. And so it should. While freedom of expression does not mean that one must accept what another says, it does vouchsafe the right to say it.
“Fire Away”: I Have No Right To Not Be Insulted, David Barnhizer
“Fire Away”: I Have No Right To Not Be Insulted, David Barnhizer
David Barnhizer
In theory, universities are the institutions that are responsible for advancing our freedom of thought and discourse through the work of independent scholars and the teaching of each generation of students. But for several decades, universities and other educational institutions have increasingly set up rules aimed at protecting individuals and groups from criticism that those newly empowered individuals and groups consider insensitive, offensive, harassing, intolerant and disrespectful, or critical of their core belief systems. Even though it has been claimed that disadvantaged interest groups have a right to use one-sided tactics of intolerance against those they consider to be responsible …