Academic Freedom

The Principle

In 1940, representatives from the American Association of University Professors (AAUP) and the Association of American Colleges, now the Association of American Colleges and Universities, restated principles of academic freedom that were set forth in the 1925 Conference Statement on Academic Freedom and Tenure. This 1940 Statement of Principles on Academic Freedom and Tenure clearly articulated the meaning and limitations of academic freedom. This document states that teachers (faculty), including full- and parttime faculty and teaching assistants working within the scope of their job responsibilities, are entitled to (a) full freedom in research and publication of the research results, (b) freedom in the classroom in discussing their subject, and (c) freedom from censorship when they speak or write as citizens.

Although the widely accepted 1940 statement affords faculty a large amount of academic freedom in the completion of their professional duties, it does clearly define certain limitations. Faculty are encouraged to seek an agreement with their institution when engaging in research for financial gain and are cautioned not to introduce controversial subject matter into their teaching that is not in relation to the subject that is being taught. Additionally, when speaking as citizens, faculty are encouraged to be accurate, respect others' opinions, exercise restraint, and plainly indicate that they are not speaking on behalf of their academic institution.

Academic freedom is supported by many different sources including state law, institutional custom and policy, and the First Amendment. Throughout the years, the United States Supreme Court has held that academic freedom is a First Amendment right protected by the United States Constitution. As stated in the Supreme Court ruling of Keyishian v. Board of Regents (1967), “Our Nation is deeply committed to safe-guarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.” Also in Sweezy v. New Hampshire (1957), Supreme Court Justice Frankfurter outlined four essential functions of a university, which are “to determine for itself on academic grounds who may teach, who may be taught, how it shall be taught, and who may be admitted to study.” Although the First Amendment does not apply to private colleges and universities, most private institutions, including religiously affiliated ones, fully embrace the concept of academic freedom.

Besides being supported by the Supreme Court, there have been a number of legal cases that have supported and/or clarified the concept of academic freedom. In Greene v. Howard University (1969), it was determined that a legally binding contract sometimes occurs when academic freedom rights are explicitly stated in faculty handbooks and other institutional documents such as institutional rules and regulations and letters of appointment. In Axson-Flynn v. Johnson (2001), a federal appeals court stated that courts should defer to the professional judgment of faculty with respect to teaching and curriculum. Even though the large amount of court cases have addressed academic freedom, it is still not absolute because it must be balanced against other concerns.

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