Academic Freedom
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This paper explores the definition, understanding and legal effect of academic freedom in America's schools, colleges and universities. In particular, it follows the concept of academic freedom in the United States from its first formalized definition in 1915 through its practical applications in American courts and on school campuses up to the 21st century. The paper addresses the inherent tensions that operate within the concept, specifically the competing interests of institutions, educators, students and the government in controlling classroom instruction, and concludes that for all practical purposes, the concept of academic freedom for students and teachers is substantially curtailed by the administrative and political vagaries of both educational institutions and the government.In the United States Supreme Court case of Sweezy v. New Hampshire, 354 U.S. 234 (1957), Supreme Court Justice Felix Frankfurter referred to the four essential freedoms of a university: the freedoms to determine who may teach, what may be taught, how it shall be taught, and who may be admitted to study (Sweezy, 1957, p. 234). Notably, Frankfurter's statement refers to the freedoms of the university. As this paper will demonstrate, the freedoms of educational institutions may often be at odds with the freedoms of its educators and its students. But, as yet, it is the right of the educational institution to guide the teaching and learning experience
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nst students who file sexual harassment claims, and creating an atmosphere free of faculty disruption outweighed Bonnell's claimed free speech and academic freedom interests (Bonnell, 2001, p. 951).
As noted, the definition of academic freedom as essentially a greater right of the institution than the faculty member, as suggested in both Urofsky and Bonnell, is contrary to the AAUP's articulation of the American tradition of academic freedom (Weidner, 2004, p. 445). This definition is, however, also consistent some scholars' opinions. For example, one professor, Peter Byrne, has stated that academic freedom should primarily insulate the university from interference by the state. As related to matters between the university and individual faculty members, Byrne believes that academic institutions should prevail so long as they can establish that administrators acted in the matter with good faith.
Academic Freedom of Teachers
As it relates to teachers, the United States Supreme Court has essentially bifurcated their First Amendment rights according to whether the speech in question addresses a matter of "public concern." In Pickering v. Board of Education, 391 U.S. 563 (1968), the court was faced with a teacher who had been d
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Approximate Word count = 4228
Approximate Pages = 17 (250 words per page)
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