Academic Freedom And Its Relation To Freedom Of Speech A Comparative Study Between The Malaysian Laws And The Islamic Legal Principles

As part of the most concerned country, Malaysia has provided clear written legal statutes in promoting and protecting the freedom of speech. Articles 10(1)(a) and (2)(a) of the Federal Constitution provides the clearest indication to the general public that the legal system of our country do give the protection of the freedom of speech. The objective of this paper is to focus on the provisions of the freedom of speech (especially academic freedom) from the related statutes and cases reported in the relevant journals. This paper will also focus on the scope, wisdoms, purposes and provide the possible recommendations or suggestions; in the area of the implementation of the civil law and the Islamic legal principles in the Malaysian legal system, in order to strengthen, enhance and harmonizing these respective laws in force, which deal with the academic freedom issues for the purpose of protecting and promoting the freedom of speech in Malaysia according to the rule of law. The legal research method will be applied in obtaining the relevant data and information. The writer is of the opinion that the Malaysian legal system should be transformed and harmonized between these two legal foundations, i.e., the civil law and the Islamic legal principles, in respecting the spirit of Article 3 of the Federal Constitution which provides that Islam as a religion of the Federation. The academicians should be given the autonomy to express their opinion that can contribute to the betterment of the society.

Is academic freedom threatened? The book examines current challenges to academic freedom in Europe, focusing mainly on Italy and Germany. The cases discussed demonstrate that research and teaching are under pressure in European democracies: in Hungary and Poland due to political constraints, in other countries due to societal expectations. Considering different interrelated aspects, the four parts of the book explore many real and potential threats to universities, scientific institutions and researchers, ranging from the European dimension of freedom of the arts and sciences to comparative analysis of emerging challenges to academic freedom against the backdrop of the COVID-19 pandemic. They highlight threats to university autonomy from the economic orientation of university governance, which emphasizes efficiency, competition, and external evaluation, and from new rules concerning trigger warnings, speech restrictions, and ethics commissions. Detailed study of these complex threats is intended to stimulate scholarly reflection and elicit serious discussion at European and national level. The volume contributes to the search for a new role of universities and scientific institutions and is addressed to academics and political stakeholders.

This book examines and explains the limited relevance of constitutional text to the scope and vibrancy of free speech rights within a particular national legal system. The author argues that, across jurisdictions, text or its absence will serve merely as a starting point for judicial efforts to protect speech activity.

A must-read collection on contemporary threats to academic freedom. Academic freedom may be threatened like never before. Yet confusion endures about what professors have a defensible right to say or publish, particularly in extramural forums like social media. At least one source of the confusion in the United States is the way in which academic freedom is often intertwined with a constitutional freedom of speech. Though related, the freedoms are distinct. In Challenges to Academic Freedom, Joseph C. Hermanowicz argues that, contrary to many historical views, academic freedom is not static. Rather, we may view academic freedom as a set of relational practices that change over time and place. Bringing together scholars from a wide range of fields, this volume examines the current conditions, as well as recent developments, of academic freedom in the United States. • the sources of recurring threat to academic freedom; • administrative interference and overreach; • the effects of administrative law on academic work, carried out under the auspices of Title IX legislation, diversity and inclusion offices, research misconduct tribunals, and institutional review boards; • the tenuous tie between academic freedom and the law, and what to do about it; • the highly contested arena of extramural speech and social media; and • academic freedom in a contingent academy. Adopting varied epistemological bases to engage their subject matter, the contributors demonstrate perspectives that are, by turn, case study analyses, historical, legal-analytic, formal-empirical, and policy oriented. Traversing such conceptual range, Challenges to Academic Freedom demonstrates the imperative of academic freedom to producing outstanding scholarly work amid the concept's entanglements in the twenty-first century. Contributors: Patricia A. Adler, Peter Adler, Timothy Reese Cain, Dan Clawson, Joseph C. Hermanowicz, Philip Lee, Gary Rhoades, Laura Stark, John R. Thelin, Hans-Joerg Tiede, Gaye Tuchman, Stephen Turner, Eve Weinbaum

This book explores the history of the debate, from 1915 to the present, about the meaning of academic freedom, particularly as concerns political activism on the college campus. The book introduces readers to the origins of the modern research university in the United States, the professionalization of the role of the university teacher, and the rise of alternative conceptions of academic freedom challenging the professional model and radicalizing the image of the university. Leading thinkers on the subject of academic freedom—Arthur Lovejoy, Angela Davis, Alexander Meiklejohn, Edward W. Said, among others—spring to life. What is the relationship between freedom of speech and academic freedom? Should communists be allowed to teach? What constitutes unacceptable political "indoctrination" in the classroom? What are the implications for academic freedom of creating Black Studies and Women's Studies departments? Do academic boycotts, such as those directed against Israel, violate the spirit of academic freedom? The book provides the context for these debates. Instead of opining as a judge, the author discloses the legal, philosophical, political, and semantic disagreements in each controversy. The book will appeal to readers across the social sciences and humanities with interests in scholarly freedom and academic life. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.

This book argues that academic freedom in higher education in East Asia, the U.S. and Australia is under stress. Academic freedom means freedom to teach, research, and serve in multiple political and social roles based on professional principles. It is closely linked to shared governance, in which academics participate in and influence decision making in core academic concerns such as choosing new faculty, faculty promotion, tenure decisions and the approval of new academic programs. In different countries and regions, the duress confronting academic freedom may come from different directions, and the ability of faculty to share power can vary greatly. In authoritarian mainland China, it is mostly political and ideological controls that greatly affect academic freedom, and shared governance is very much limited. In semi-democracies like Hong Kong and Macau and democracies like Taiwan, Japan, South Korea, the U.S. and Australia, corporatization and commercialization have had great impact on both academic freedom and shared governance. The result is that the roles professors play within academia are continually being diminished and the academic profession is struggling to maintain its ground. Similar developments are also occurring in Europe. These developments should cause great concern to educators, researchers and policymakers everywhere. The authors collected here present attempts to learn from current practice in order to move policy into directions that will help protect higher education as a common good. This book highlights the importance of academic freedom and provides insights into the ways it is being infringed both by commercialization and corporatization on the one hand and political repression on the other. It vividly illustrates detailed case studies and empirical data that make it a compelling read.- Professor Ruth Hayhoe, University of Toronto, Canada Academic freedom is as important today as at any time in the last century. The authors point out the challenges that academic freedom faces on a global scale. The import of the book is in its comparative perspective steeped in data and analysis. Thoughtful. Cogent. Compelling. - Professor William G. Tierney and Professor Wilbur-Kieffer, University of Southern California, United States

As part of the most concerned country on human rights, Malaysia has provided clear written statutes in promoting and protecting the freedom of speech. Article 10(2)(a) of the Federal Constitution provides the clearest indication to the general public that the legal system of Malaysia do give the protection of the freedom of speech. The objective of this paper is to focus on the provisions of the freedom of speech (especially defamation) on the scope, wisdoms, findings of the research and provide the possible recommendations or suggestions for the process of harmonization; in the area of the implementation of the Malaysian laws and the Islamic legal principles in the Malaysian legal system; for the purpose of protecting, enhancing and promoting the freedom of speech in Malaysia according to the rule of law. The legal research method will be applied in obtaining the relevant data and information. The writer is of the opinion that the Malaysian legal system should be transformed and harmonized between these two legal foundations, i.e., the Malaysian laws and the Islamic legal principles, in respecting the spirit of Article 3 of the Federal Constitution, which provides that Islam as a religion of the Federation. There should be a clear guidelines and information about the concept of defamation in order to lay down the clear statutes and provisions on it that can contribute to the betterment of the society.

Advocates of academic freedom often view it as a variation of the right to free speech and an essential feature of democracy. Stanley Fish argues here for a narrower conception of academic freedom, one that does not grant academics a legal status different from other professionals. Providing a blueprint for the study of academic freedom, Fish breaks down the schools of thought on the subject, which range from the idea that academic freedom is justified by the common good or by academic exceptionalism, to its potential for critique or indeed revolution. Fish himself belongs to what he calls the It s Just a Job school: while academics need the latitude call it freedom if you like necessary to perform their professional activities, they are not free in any special sense to do anything but their jobs. Academic freedom, Fish argues, should be justified only by the specific educational good that academics offer. Defending the university in all its glorious narrowness as a place of disinterested inquiry, Fish offers a bracing corrective to academic orthodoxy."