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Academic Freedom

The concept of academic freedom, based on First Amendment freedom of speech, applies generally to all levels of education. As the Fifth Circuit wrote in Edwards v. Aguillard (1985), a case that eventually made its way to the Supreme Court on the issue of creation science, academic freedom is “the principle that individual instructors are at liberty to teach that which they deem to be appropriate in the exercise of their professional judgment (p. 1257).”

Disputes over classroom content and methodology typically pit a teacher's claim of academic freedom against an educational institution's clearly established, though not absolute, authority to prescribe the curriculum in its schools. Such struggles to determine what will be taught, and in what manner it will be presented, turn school districts, colleges, and universities into battlegrounds between competing viewpoints and agendas.

Educators imagine that academic freedom provides greater protection of their classroom actions than case law supports. Courts consistently, but not unanimously, side with school boards, colleges, and universities when educators refuse to follow curriculum and reasonable administrative commands, teach with unapproved or administratively rejected materials, and in public schools use or allow objectionable language in the classroom, as discussed in this entry. Particularly in light of the ongoing attempts by individual educators and various interest groups to use educational institutions as forums to promote their ideological positions, one can anticipate claims of academic freedom will continue as educators and their schools battle over the right to determine school curriculum.

Elementary and Secondary Public Education

Initial litigation involving claims of academic freedom at the public school level saw several teachers prevail in the first half of the 1970s, when they refused to recite the Pledge of Allegiance, used a particular teaching method of which some educators disapproved, and made controversial statements and discussed sensitive topics in civics classes. Since then, courts have generally supported school officials in disputes over curricular content and instructional methods. Most case law falls into two categories: teachers using or permitting profane and offensive language in the classroom, sometimes allegedly within the context of the curricular lesson; and teachers designing classroom curriculum and using materials and methods to which their administrators and school boards are opposed.

Objectionable Language

Courts consistently side with school boards that discipline educators for using or allowing profane or objectionable language in their classrooms, even if allegedly as part of instructional techniques. For example, one case from New York, In re Bernstein (2001), rejected the academic freedom claim of an English teacher who used explicit, although not profane, terms to describe human sexual organs within a curricular lesson on literary technique. Similarly, the Eighth Circuit, in Lacks v. Ferguson Reorganized School District R-2 (1998), found that academic freedom did not shield an English teacher who allowed students to use profanity and sexually and racially derogatory language in performing student-written plays in a junior English class. Nor did a federal trial court in Erskine v. Board of Education (2002) recognize a First Amendment right of teachers to use terminology of their own preference in curricular disputes over language (the use of the word “Negro” in a lesson on the Spanish words for colors).

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