A definitive interpretation of academic freedom as a First Amendment right, drawing on a comprehensive survey of legal cases.

Is academic freedom a First Amendment right? Many think so, yet its relationship to free speech as guaranteed by the Constitution is anything but straightforward. David Rabban examines the extensive case law addressing academic freedom and free speech at American universities, developing a robust theory of academic freedom as a distinctive subset of First Amendment law.

In subsuming academic freedom under the First Amendment, Rabban emphasizes the societal value of the contribution to knowledge made by the expert speech of professors, the classic justification for academic freedom in the influential 1915 Declaration of the American Association of University Professors (AAUP). Any indication that professors might be disciplined because people without academic training disagree with their scholarly views would undermine confidence in the integrity of their work and therefore their ability to perform this vital function on behalf of the public. Rabban argues that academic freedom fosters two central First Amendment values recognized by courts in a wide range of contexts: the production and dissemination of knowledge and the contribution of free expression to democratic citizenship.

The First Amendment right of academic freedom applies most directly to professors, but it also plausibly extends to the educational decisions of universities and to students’ learning interests. More broadly, this vision of academic freedom can guide in developing additional distinctive First Amendment rights to protect the expert expression of journalists, librarians, museum curators, and other professionals. At a time when academic freedom is under attack from many directions, Academic Freedom proposes a theoretically satisfying and practically useful guide to its meaning as a First Amendment right.

In this passionately argued overview, a longtime activist-scholar takes readers through the changing landscape of academic freedom. From the aftermath of September 11th to the new frontier of blogging, Robert O'Neil examines the tension between institutional and individual interests. Many cases boil down to a hotly contested question: who has the right to decide what is taught in the classroom?

O'Neil shows how courts increasingly restrict professorial judgment, and how the feeble protection of what is posted on the Internet and written in email makes academics more vulnerable than ever. Even more provocatively, O'Neil argues, the newest threats to academic freedom come not from government, but from the private sector. Corporations increasingly sponsor and control university-based research, while self-appointed watchdogs systematically harass individual teachers on websites and blogs. Most troubling, these threats to academic freedom are nearly immune from legal recourse.

Insisting that new concepts of academic freedom, and new strategies for maintaining it are needed, O'Neil urges academics to work together--and across rigid and simplistic divisions between "left" and "right."

Most professors and administrators are aware that academic freedom is in danger of being brushed aside by a public that has little understanding of what is at stake. They may be only marginally aware that the defense of academic freedom is endangered by certain confusions concerning the nature of academic freedom, the criteria for its violation, and the structure of an adequate justification for claims to it. These confusions were enshrined in some of the central documents on the subject, including the 1940 Statement on Academic Freedom and Tenure, agreed upon by the American Association of University Professors and the Association of American Colleges and endorsed by many professional organizations. Careful analysis of them will not do away with debate; it will bring the debate into focus, so that attacks on academic freedom can be appraised as near or far away from the center of the target and can then be appropriately answered.

Nearly all the contemporary writing on academic freedom consists of attack or defense. The Concept of Academic Freedom is the first book to deal exclusively with fundamental conceptual issues underlying the battle. In the discussion of these issues, certain philosophical positions crystallize: radical versus liberal conceptions of the status and function of university teachers, specific versus general theories of academic freedom, consequential versus nonconsequential theories of justification. Partisans (and enemies) of academic freedom would do well to decide on which side of these divisions they stand, or how they would mediate between sides. Otherwise many questions will remain unclear: What is under discussion—a special right peculiar to academics or a general right that is especially important to academics? Is justification of that right possible? Can the right be derived from other rights, or from the theory of justice or of democratic society? Or is the argument for academic freedom one that more properly turns on the consequences for society as a whole if that freedom is not protected?

The essays in this book explore these and other problems concerning the defense of academic freedom by radicals, the justification for disruption on campus, and the control of research.

Contributors to the volume include Hugo Adam Bedau, Bertram H. Davis, Milton Fisk, Graham Hughes, Alan Pasch, Hardy E. Jones, Alexander Ritchie, Amelie Oksenberg Rorty, Rolf Sartorius, T. M. Scanlon, Richard Schmitt, John R. Searle, Judith Jarvis Thomson, and William Van Alstyne. All are outstanding in their fields. Many have had practical experience in the legal profession or with the American Association of University Professors on the issue of academic freedom.

In 1960, University of Illinois professor Leo Koch wrote a public letter condoning premarital sex. He was fired. Four years later, a professor named Revilo Oliver made white supremacist remarks and claimed there was a massive communist conspiracy. He kept his job.

Matthew Ehrlich revisits the Koch and Oliver cases to look at free speech, the legacy of the 1960s, and debates over sex and politics on campus. The different treatment of the two men marked a fundamental shift in the understanding of academic freedom. Their cases also embodied the stark divide over beliefs and values--a divide that remains today. Ehrlich delves into the issues behind these academic controversies and places the events in the context of a time rarely associated with dissent, but in fact a harbinger of the social and political upheavals to come.

An enlightening and entertaining history, Dangerous Ideas on Campus illuminates how the university became a battleground for debating America's hot-button issues.