Inventing Academic Freedom

In 1968, there was political ferment everywhere. In Paris, students were in the streets. In the U.S., civil rights, the Vietnam War, and protests against the draft brought out millions. In this atmosphere, a young Jewish-American professor in the quiet town of Fredericton, New Brunswick sparked a controversy that established the principles of academic freedom on Canadian campuses. Norman Strax was an unlikely figure in a conservative town with a sleepy university campus. He didn't dress like other faculty members, he drove a funny car, and he didn't socialize much with his colleagues. The university president, Colin Mackay, was a young scion of the local establishment who ran the university as if it belonged to him. With his links to Lord Beaverbrook, the Irvings, and the provincial government, he was confident of support for his paternalistic way of doing things. When Strax and some students protested a new library regulation, Colin Mackay abruptly suspended Strax from his teaching position. A sit-in followed, and the university dragged Strax into court. Before long, the provincial government and the judiciary were involved. So were university professors across Canada. In the end, the Strax Affair was the catalyst for a new approach to governance at Canadian universities and was key to establishing the principles of academic freedom.

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."

The issues Reichman considers—which are the subjects of daily conversation on college and university campuses nationwide as well as in the media—will fascinate general readers, students, and scholars alike.

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.

Academic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. The book outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A further chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research. The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general political and social topics unrelated to their work. This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise.

For more than a century academics have had unique rights not enjoyed by other citizens -- to speak, teach, and write freely. Central to the case for academic freedom is that scholars must be able to voice their views free of fear in order for society to gain a better understanding of ourselves and our world. Academic freedom has always faced challenges. Professors have been pressed to alter their work because it offends powerful interests -- both inside and outside the university. Some have been fired or denied jobs for their political views, their criticisms of colleagues and administrators, and their refusal to buckle under corporate pressures to hush up research findings. The sixteen contributors to this volume cite many such instances in Canada and the U.S. More significantly, they point out how governments, corporations, and university administrators today are seeking to narrow academic freedom. Among them: Major donors are acquiring control over university teaching and even hiring decisions University administrators are firing professors with unpopular political views, while pretending that the reasons for their decisions lie elsewhere Governments are using funding mechanisms to force-feed research in some areas, while shutting down inquiry in others Campus-wide policies enforcing civility rules are preventing criticism and debate within a university Judges are issuing decisions which reverse previous rulings supporting academic freedom in the U.S. and Canada Together the contributors to this book document the many arenas in which academic freedom is in jeopardy and explore its legitimate limits.