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The First Amendment so states,Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of…
The First Amendment so states,
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. (United Nations, 2006)
Within the confines of this law are the foundational touchstones of our democracy identifying the protection of five critical freedoms of religion, press, speech, assembly and the freedom to petition to the government. Many institutions of higher education and spheres of academe outline academic freedom as the right of a scholar to express ideas without risk of potential professional consequence. Within that domain of the freedom to express and share information, the American Library Association defines intellectual freedom as,
the right of every individual to both seek and receive information from all points of view without restriction. It provides for free access to all expressions of ideas through which any and all sides of a question, cause or movement may be explored.
In a time where democratic freedoms are being challenged, the concepts of intellectual freedom and academic freedom require examination as key tenets of our democracy to be upheld, celebrated and honored. This chapter will critique and consider how institutions, organizations and entities have a keen ability to be empowered and disempowered by the appropriate execution or the lack of execution of both the tenets of intellectual and academic freedoms. This chapter will deconstruct both concepts through the lens of a social justice framework, thereby posing the question how challenging key democratic elements of the citizenry to express and share ideas, inform and responsibly disseminate ideas handicaps both the will and core of a democracy to thrive. This chapter will highlight how communities expand and narrow the domains of intellectual and academic freedom, from within the United States exploring the role of the Constitution, yet also infusing a global perspective. This chapter will examine what both academic and intellectual freedoms look like outside of the United States, and how theoretically and tangibly the concepts are applied. This chapter explores the application of the core tenets of intellectual and academic freedoms through a social justice framework and the introduction of reframing the consideration of both freedoms as human rights. A social justice framework incorporates the principle of fair and impartial treatment being afforded and entitled to all members of the citizenry. Seemingly to oppose and prevent these modes of expression and foundational elements of freedom both obstruct the principles of social justice and disrupt a democracy.
This chapter discusses the challenges of safeguarding academic freedom during leadership transitions and organizational change in universities. Examples from a large…
This chapter discusses the challenges of safeguarding academic freedom during leadership transitions and organizational change in universities. Examples from a large public university illustrate current challenges and provide perspective for proactive measures to protect academic freedom. While the context and details are unique to the institution featured in the chapter, the lessons gleaned from each vignette offer valuable insight to faculty and university leaders who are motivated to better understand and uphold the principles of academic freedom and, more broadly, protected speech with higher education. To support academic leaders in achieving these goals, a conceptual framework for shared leadership through shared governance to support academic freedom is presented. The chapter concludes with recommendations for leveraging shared leadership to foster a university culture that supports of academic freedom.
Academic freedom is a complicated issue for military service academies. As accredited institutions of higher learning, academic freedom is valued. At the same time, the…
Academic freedom is a complicated issue for military service academies. As accredited institutions of higher learning, academic freedom is valued. At the same time, the academies are subject to regulations that guide speech and publishing by the Department of Defense. This chapter explores the balance between maintaining academic freedom while upholding the discipline contained in regulations concerning free speech. The chapter concludes with a view to the future and opportunities for further research.
This chapter focuses on academic freedom in the experiences of Black/African American doctoral students and presents an examination of the American Association of…
This chapter focuses on academic freedom in the experiences of Black/African American doctoral students and presents an examination of the American Association of University Professors (AAUP) Joint Statement on Rights and Freedoms of Students (https://www.aaup.org/report/joint-statement-rights-and-freedoms-students) based on research and practice on the marginalized doctoral student experience. Discussion addresses AAUP policy Statements: Section I (freedom of access to higher education), Section II (freedom of expression in the classroom), and Section III (freedom of inquiry and expression). The purpose of this work is to increase awareness of issues serving as barriers to student rights and freedoms related to self-expression, cultural bias, and student activism at the doctoral level. Strategies that disrupt, minimize, and/or eradicate barriers to actively maintain and pursue student rights and freedoms will be addressed to emphasize their importance to supporting and/or hindering academic success, doctoral degree completion, and creating/sustaining pathways of transition into the career pathways.
The data on which this essay is based were originally collected as part of a larger study investigating Academic Freedom and Commercialisation in Australian Universities…
The data on which this essay is based were originally collected as part of a larger study investigating Academic Freedom and Commercialisation in Australian Universities (see Kayrooz, Kinnear, & Preston, 2001). A web-based questionnaire survey of social scientists across 12 universities in Australia was completed by 165 respondents (representing a 20% response rate). At the end of the questionnaire, respondents were asked to indicate whether they would be willing to engage in a follow-up telephone interview. Ten of those who indicated their willingness to be interviewed were contacted, and all agreed to the interview.
Scholarly excellence in higher education depends in part on the ability of members of the academic community to be able to travel abroad, to return home and to move freely…
Scholarly excellence in higher education depends in part on the ability of members of the academic community to be able to travel abroad, to return home and to move freely within a state for the purposes of study, teaching and research. Articles 12 and 13 of the International Covenant on Civil and Political Rights of 1966 protect the right to freedom of movement and the right of aliens not to be arbitrarily expelled from a state, respectively. Any person may rely on these provisions to claim various stated entitlements related to freedom of movement. International human rights law does not, however, offer (clear) protection where an alien wishes to enter a state. It appears, however, that Article 26 of the International Covenant on Civil and Political Rights, prohibiting discrimination on the ground of, amongst other things, ‘political or other opinion’, may be relied on to prevent states from restricting the entry of scholars solely on the basis of the academic opinions they hold or views they have expressed. The right to freedom of movement of scholars – conceived as a right to academic mobility – forms a part of the right to academic freedom. International human rights law does not accord express protection to this right. Whereas the right to freedom of opinion and expression in Article 19 of the International Covenant on Civil and Political Rights may be relied on to protect a multitude of facets covered by the right to academic freedom, Article 13 of the International Covenant on Economic, Social and Cultural Rights of 1966 on the right to education may, in fact, be seen to constitute a complete locus for the right to academic freedom.
With a focus on Canada, but framed by similar and shared concerns emerging in the United States, this chapter examines the current status of what constitutes and defines…
With a focus on Canada, but framed by similar and shared concerns emerging in the United States, this chapter examines the current status of what constitutes and defines academic freedom for academic librarians and the rights and the protections individual, professional academic librarians have with respect to the freedom of speech and expression of their views in speech and writing within and outside of their institutions. It reviews the historical background of academic freedom and librarianship in Canada, academic freedom language in collective agreements, rights legislation in Canada versus the United States as it pertains to academic librarianship, and rights statements supported by Canadian associations in the library field and associations representing members in postsecondary institutions. The implications of academic librarians using the new communication technologies and social media platforms, such as blogs and networking sites, with respect to academic freedom are examined, as well as, an overview of recent attacks on the academic freedom of academic librarians in the United States and Canada. Included in this analysis are the results of a survey of Canadian academic librarians, which examined attitudes about academic freedom, the external and internal factors which have an impact on academic freedom, and the professional use of new communication technologies and social media platforms.
Academic freedom is not a novel concept but is becoming a core component of the world of academia in ensuring higher academic standards and the development of curriculum…
Academic freedom is not a novel concept but is becoming a core component of the world of academia in ensuring higher academic standards and the development of curriculum that will meet the needs of the future. Every university needs to recognize that the creation of knowledge and development of higher education sector is impossible without recognizing academic freedom. Academic freedom is not restricted within faculty members but touches the lives of the students. Consensus-building and dialogical methods of interaction rather than pushing the boundaries of what can and cannot be said in institutions of higher education are becoming increasingly important in promoting academic freedom. In this chapter, the authors will explore the meaning of academic freedom as understood by faculty, administrators and students in an international university in Kurdistan Region of Iraq. Authors will delve into both practice and perception mode of academic freedom in their analysis of the qualitative data derived from their research based on structured interviews. They will evaluate their research findings in the consideration of the relevant literature.
In democratic societies, universities are unique institutions that are responsible for conducting critical research, training students and educating the next generation in…
In democratic societies, universities are unique institutions that are responsible for conducting critical research, training students and educating the next generation in pursuit of knowledge for community and societal welfare. Universities are a platform where like-minded knowledgeable people are encouraged to think freely and formulate educational policies for the progress of their nation. Academic freedom to think, teach or conduct research is a key legitimating concept (Menand, 1996) and is based on the belief that faculty and even students who form a part of the body of academia should not be subjected to any kind of coercive policies and external authority that limits their ability to think, practice and pursue knowledge. Accountability to stakeholders also is a critical part of academic freedom, which comes with autonomy and is essential for optimizing the activities of a university.
Academic freedom in teaching–learning methods is crucial to a nation’s growth. The concept comes with numerous misnomers and is subjected to much academic debate and doubts. This book is dedicated to seeking the widening frontiers of academic freedom and authors have put forth their opinion in the form of case studies and empirical research that considers academic freedom of faculty and students as one of the main goals to be achieved by any university. Advancement of knowledge and quality of research is to be encouraged and supported by the leadership team in any institution of higher education where autonomy to work freely remains the foremost criterion of success. Truth and intellectual integrity remain the fundamental principles on which the foundation of a university should be laid (Downs, 2009).
This essay offers a subjective literary exploration of personal events relevant to understanding an assault on academic freedom in a two-year college. The critically…
This essay offers a subjective literary exploration of personal events relevant to understanding an assault on academic freedom in a two-year college. The critically qualitative inquiry focuses on two events: (a) the questioning by faculty of dual credit policies and (b) an administratively engineered disciplinary action that functioned to have a chilling effect on free speech and to, thereby, quell academic freedom. The dual credit story comes in the form of an embedded narrative essay previously published as a Facebook note. That embedded essay presents the tale of the author and a colleague, the advisor for their community college newspaper, exercising their academic freedom to critically engage a community college administration’s violations of Illinois State dual credit laws. The embedded essay serves also to reveal an administrative response to the professors’ decision to report the violation of state law to the Higher Learning Commission and the Illinois Community College Board. Following that, the essay provides a qualitative examination of the administrative response and explains how the response served to quell academic freedom.