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ERIC Number: ED377781
Record Type: Non-Journal
Publication Date: 1992-Nov-21
Pages: 40
Abstractor: N/A
Reference Count: N/A
ISBN: N/A
ISSN: N/A
Threats to Academic Freedom in Higher Education.
Oldaker, Lawrence Lee
This paper looks at the meaning of academic freedom and threats to that freedom in recent conflicts and legal rulings. The introduction calls academic freedom confusing and widely misunderstood and offers an historical and legal explanation of the concept as well as discussion of the traditional areas of conflict in instruction, research, promotion and tenure, and expression. A second section reviews how state and federal courts have traditionally proceeded and ruled in cases involving academic freedom. A third section looks at threats to academic freedom by an analysis of changes in higher education and society at large, the impact of the American Association of University Professors 1940 guidelines, and three recent rulings on the freedom of expression rights of high school and college students. The paper concludes that court decisions are weighted in favor of the institutions' academic freedom and that most of the educational decisions have been unfavorable to petitioning professors and students. Courts refrain from overseeing university operations by applying judicial abstention and forum analysis to champion the university's rational and bias-free decisions within its mission. It notes the misconception on the part of faculty members and students about the perceived shelters of common law academic freedom and First Amendment rights. Contains over 90 references. (JB)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Audience: Teachers; Administrators; Practitioners
Language: English
Sponsor: N/A
Authoring Institution: N/A