Legal aspects
http://www.rbs2.com/afree.htm#anchor222222
Institutional academic freedom reserves to the university itself
selection of faculty and students, as well as issues in curriculum,
such as the content of the syllabus in each class. Institutional
academic freedom does /not/ protect individual professors with
unorthodox views from dismissal by the university administration,
although institutional academic freedom does protect professors from
dismissal by legislators or politicians.
The clearest definition of institutional academic freedom in the USA
appears in a U.S. Supreme Court opinion, where it is said that
academic freedom means that the university can "determine for itself
on academic grounds:
1. who may teach
2. what may be taught
3. how it shall be taught, and
4. who may be admitted to study.
/Regents of the Univ. of California v. Bakke/, 438 U.S. 265, 312
(1978). Quoted with approval in /Widmar v. Vincent/, 454 U.S. 263,
276 (1981).
Let me quote
"`It is the business of a university to provide that atmosphere
which is most conductive to speculation, experiment and creation. It
is an atmosphere in which there prevail "the four essential
freedoms" of a university - to determine for itself on academic
grounds who may teach, what may be taught, how it shall be taught,
and who may be admitted to study.'" Sweezy v. New Hampshire, 354
U.S. 234, 263
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=354&invol=234#263>
(1957) (concurring in result).
(http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?navby=case&court=us&vol=354&invol=234#263)
From the Teacher's Organization
http://www.aaup.org/statements/Redbook/1940stat.htm
Teachers are entitled to freedom in the classroom in discussing
their subject, but they should be careful not to introduce into
their teaching controversial matter which has no relation to their
subject.^*[2]
<http://www.aaup.org/statements/Redbook/1940stat.htm#%5B2%5D>*
*2.*The intent of this statement is not to discourage what is
"controversial." Controversy is at the heart of the free academic
inquiry which the entire statement is designed to foster. The
passage serves to underscore the need for teachers to avoid
persistently intruding material which has no relation to their subject.
From the DI announcement
West added that the statement violates the University's own
guarantees in its Faculty Handbook, which declare that "academic
freedom is essential for the protection of the rights of faculty
members in teaching and of students in learning" and that "teachers
are entitled to freedom in the classroom in discussing their
subjects" so long as they don't introduce irrelevant material.
Irrelevant material, seems to be quite in line with what the statement
actually stated.
http://www.webs.uidaho.edu/fsh/ contains links to this handbook
http://www.webs.uidaho.edu/fsh/3160.html contains the irrelevant material
What am I missing here?
Received on Fri Oct 7 19:26:41 2005
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