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Academic Duty
Donald Kennedy
Harvard University Press, 1997

The university today is under attack from all sides. Parents and students resent the escalating costs of education and wonder where the money is being spent. Aspiring scholars feel betrayed by an institution that prepares them for nonexistent jobs. Critics on the right condemn the teachers who neglect "the canon" while critics on the left condemn the creeping corporatism on campus. Politicians seek greater control over the conduct of research and add new conditions to the use of government funds. Worst of all, the academics are increasingly uneasy in an environment that fosters competition, discourages cooperation, and has made "publish or perish" a condition of survival.

Donald Kennedy, the former president of Stanford University and currently a member of its faculty, has been at the front lines of the issues confounding the academy today. In this important new book, he brings his experience and concern to bear on the present state of the university. He examines teaching, graduate training, research, and their ethical context in the research university. Aware of the numerous pressures that academics face, from the pursuit of open inquiry in the midst of culture wars, to confusion and controversy over the ownership of ideas, to the scramble for declining research funds and facilities, he explores the whys and wherefores of academic misconduct, be it scholarly, financial, or personal.

Kennedy suggests that meaningful reform cannot take place until more rigorous standards of academic responsibility--to students, the university, and the public--are embraced by both faculty and the administration. With vision and compassion, he offers an important antidote to recent attacks from without that decry the university and the professoriate, and calls upon the college community to counter those attacks by looking within and fulfilling its duties.

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Academic Freedom
From Professional Norm to First Amendment Right
David M. Rabban
Harvard University Press, 2024

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.

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Academic Freedom Imperiled
The Mccarthy Era At The University Of Nevada
J. Dee Kille
University of Nevada Press, 2004
The University before and during World War II was a small (fewer than 2,000 students) school offering basic programs to a largely Nevada-based student body in the nation’s least-populated state. The campus was quiet, secure, traditional, and generally conservative. The postwar years brought booming enrollments and new faculty members, many from outside Nevada, imbued with a sense of the importance of shared academic governance.
Soon, the university found itself embroiled in an intense controversy that threatened its academic integrity and even raised concerns about its future as a viable institution. The 1952 appointment of Minard W. Stout as president triggered the crisis. Mandated by a conservative Board of Regents to "clean up" the university, Stout brought to his new job an authoritarian, top-down chain of command. His subsequent battles with faculty and students over their role in university governance and over the very nature of higher education soon degenerated into angry accusations of faculty Communist sympathies and bitter confrontations over academic free speech, academic freedom, and loyalty.
J. Dee Kille’s lively and insightful account of the crisis "on the hill" rests on a wide range of archival sources, interviews and oral histories, university records, and published sources.
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Academic Freedom in the Wired World
Political Extremism, Corporate Power, and the University
Robert O'Neil
Harvard University Press, 2008

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."

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Beyond the Ivory Tower
Social Responsibilities of the Modern University
Derek Bok
Harvard University Press, 1982
Derek Bok examines the complex ethical and social issues facing modern universities today, and suggests approaches that will allow the academic institution both to serve society and to continue its primary mission of teaching and research.
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Cancel Wars
How Universities Can Foster Free Speech, Promote Inclusion, and Renew Democracy
Sigal R. Ben-Porath
University of Chicago Press, 2023
An even-handed exploration of the polarized state of campus politics that suggests ways for schools and universities to encourage discourse across difference. 

College campuses have become flashpoints of the current culture war and, consequently, much ink has been spilled over the relationship between universities and the cultivation or coddling of young American minds. Philosopher Sigal R. Ben-Porath takes head-on arguments that infantilize students who speak out against violent and racist discourse on campus or rehash interpretations of the First Amendment. Ben-Porath sets out to demonstrate the role of the university in American society and, specifically, how it can model free speech in ways that promote democratic ideals.

In Cancel Wars, she argues that the escalating struggles over “cancel culture,” “safe spaces,” and free speech on campus are a manifestation of broader democratic erosion in the United States. At the same time, she takes a nuanced approach to the legitimate claims of harm put forward by those who are targeted by hate speech. Ben-Porath’s focus on the boundaries of acceptable speech (and on the disproportional impact that hate speech has on marginalized groups) sheds light on the responsibility of institutions to respond to extreme speech in ways that proactively establish conversations across difference. Establishing these conversations has profound implications for political discourse beyond the boundaries of collegiate institutions. If we can draw on the truth, expertise, and reliable sources of information that are within the work of academic institutions, we might harness the shared construction of knowledge that takes place at schools, colleges, and universities against truth decay. Of interest to teachers and school leaders, this book shows that by expanding and disseminating knowledge, universities can help rekindle the civic trust that is necessary for revitalizing democracy.
 
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Cold War Exile
The Unclosed Case of Maurice Halperin
Don S. Kirschner
University of Missouri Press, 1995

In 1953 Maurice Halperin was called before the Senate Internal Security Subcommittee to defend himself on charges of espionage. He was accused of having supplied Soviet sources with classified material from the Office of Strategic Services while he was an employee during World War II.

The Cold War was in full force. McCarthyism was at its peak. Caught up in the rapids of history, Maurice Halperin's life spun out of control. Denying the charges but knowing he could never fully clear his name, Halperin fled to Mexico and then, to avoid extradition, to Moscow. Among the friends he made there were British spy Donald MacLean and Cuban revolutionary leader Che Guevara. Disenchanted with socialism in the Soviet Union, he accepted Guevara's invitation to come to Havana in 1962. There he worked for Castro's government for five years before political tension forced him to leave for Vancouver, Canada, where he now resides.

Was Halperin a spy or a scapegoat? Was he a victim of Red- baiting or a onetime Communist espionage agent who eventually lost faith in Communism? Halperin's accuser was Elizabeth Bentley, a confessed Soviet courier who accused more than one hundred Americans of spying. Yet Bentley had no proof, and Halperin continues to maintain his innocence. One of them was lying. As Kirschner unravels the engrossing facts of the case--utilizing FBI files and dozens of interviews, including extensive interviews with Halperin himself--the reader becomes the investigator in a riveting real-life spy mystery. Along the way Kirschner offers new material on the OSS and further disturbing information about J. Edgar Hoover's use of his considerable power.

Maurice Halperin has lived a life like few Americans in our century. A left-wing American exile, he experienced two socialist worlds from the inside. In recounting the unclosed case of Maurice Halperin, Cold War Exile is both a gripping account of that remarkable life and a significant contribution to our understanding of a fascinating and controversial era in American political history.

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Compelling Belief
The Culture of American Schooling
Stephen Arons
University of Massachusetts Press, 1986
This book is about the stifling of dissent by an institution widely acclaimed as the bulwark of democracy in America. It may be no surprise to late twentieth-century cynics that institutions eventually destroy goals they were meant to achieve; but it is nevertheless a paradox that a society should repress intellectual freedom with the institution of education.
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Dangerous Ideas on Campus
Sex, Conspiracy, and Academic Freedom in the Age of JFK
Matthew C. Ehrlich
University of Illinois Press, 2021

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.

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Free Speech and Koch Money
Manufacturing a Campus Culture War
Ralph Wilson
Pluto Press, 2021

In recent years hundreds of high-profile ‘free speech’ incidents have rocked US college campuses. Milo Yiannopoulos, Ben Shapiro, Ann Coulter and other right-wing speakers have faced considerable protest, with many being disinvited from speaking. These incidents are widely circulated as examples of the academy’s intolerance towards conservative views.

But this response is not the spontaneous outrage of the liberal colleges. There is a darker element manufacturing the crisis, funded by political operatives, and designed to achieve specific political outcomes. If you follow the money, at the heart of the issue lies the infamous and ultra-libertarian Koch donor network.

Grooming extremist celebrities, funding media platforms that promote these controversies, developing legal organzations to sue universities and corrupting legislators, the influence of the Koch network runs deep. We need to abandon the ‘campus free speech’ narrative and instead follow the money if we ever want to root out this dangerous network from our universities.

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Freedom and Tenure in the Academy
William W. Van Alstyne, ed.
Duke University Press, 1993
Questions of academic freedom--from hate speech to the tenure structure—continue to be of great urgency and perennial debate in American higher education. Originally published as a special issue of Law and Contemporary Problems (Summer 1990), this volume draws together leading scholars of law, philosophy, and higher education to offer a fresh assessment of the founding principles of academic freedom and to define this crucial topic for the 1990s.
The original 1940 Statement of Principles on Academic Freedom and Tenure, which has been influential in determining institutional practices for the last half century, has required continual redefinition since its initial declaration. The volume begins with two overview articles: the most complete examination of the 1940 Statement ever provided (shedding light on some of its most troublesome clauses) and a historical review of the extent to which academic freedom has been accepted into domestic constitutional law. Subsequent articles address a range of issues related to academic freedom: the relationship between tenure and academic freedom; tenure and labor law; ideology and faculty selection; freedom of expression and the arts on campus; the boundaries defining hate speech and offensive expression; the clash between institutional and individual claims of academic freedom; and the practices of religious colleges in the United States.

Contributors. Ralph S. Brown, Matthew W. Finkin, Jordan E. Kurland, Michael W. McConnell, Walter P. Metzger, Robert M. O'Neil, David M. Rabban, Rodney A, Smolla, Janet Sinder, Judith Jarvis Thomson, William W. Van Alstyne

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The Future of Academic Freedom
Edited by Louis Menand
University of Chicago Press, 1996
At the bottom of every controversy embroiling the university today—from debates over hate-speech codes to the reorganization of the academy as a multicultural institution—is the concept of academic freedom. But academic freedom is almost never mentioned in these debates. Now nine leading academics, including Henry Louis Gates, Jr., Edward Said, Richard Rorty, and Joan W. Scott, consider the problems confronting the American University in terms of their effect on the future of academic freedom.

"Louis Menand has assembled The Future of Academic Freedom to better define and delineate what should and should not happen within our colleges and universities. . . . The whole extremely learned yet accessible debate exploits the freedoms it extols, tackling sensitive subjects such as ethnicity and ethics head-on."—Publishers Weekly

"The essays are not only sharp, elegant and lucid, but extremely well-informed about the history of American battles over academic freedom."—Alan Ryan, Times Higher Education Supplement

"[A] superb inquiry into some of the most vexing and significant issues in higher education today."—Zachary Karabell, Boston Book Review
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In Defense of Free Speech in Universities
A Study of Three Jurisdictions
Amy Lai
University of Michigan Press, 2023

In this book, Amy Lai examines the current free speech crisis in Western universities. She studies the origin, history, and importance of freedom of speech in the university setting, and addresses the relevance and pitfalls of political correctness and microaggressions on campuses, where laws on harassment, discrimination, and hate speech are already in place, along with other concepts that have gained currency in the free speech debate, including deplatforming, trigger warning, and safe space. Looking at numerous free speech disputes in the United Kingdom, the United States, and Canada, the book argues for the equal application of the free speech principle to all expressions to facilitate respectful debates. All in all, it affirms that the right to free expression is a natural right essential to the pursuit of truth, democratic governance, and self-development, and this right is nowhere more important than in the university.

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Peaceful Resistance
Building a Palestinian University Under Occupation
Gabi Baramki
Pluto Press, 2009

This book tells the remarkable story of Birzeit University, Palestine’s oldest university in the Occupied Territories.

Founded against the backdrop of occupation, it is open to all students, irrespective of income. Putting the study of democracy and tolerance at the heart of its curriculum, Birzeit continues to produce idealistic young people who can work to bring about a peaceful future. Gabi Baramki explains how the University has survived against shocking odds, including direct attacks where Israeli soldiers have shot unarmed students. Baramki himself has been dragged from his home at night, beaten and arrested. Yet Birzeit continues to thrive, putting peace at the heart of its teaching, and offering Palestinians the opportunities that only education can bring.

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The Philosophy Scare
The Politics of Reason in the Early Cold War
John McCumber
University of Chicago Press, 2016
From the rise of formalist novels that championed the heroism of the individual to the proliferation of abstract art as a counter to socialist realism, the years of the Cold War had a profound impact on American intellectual life. As John McCumber shows in this fascinating account, philosophy, too, was hit hard by the Red Scare. Detailing the immense political pressures that reshaped philosophy departments in midcentury America, he shows just how radically politics can alter the course of intellectual history.  
           
McCumber begins with the story of Max Otto, whose appointment to the UCLA Philosophy Department in 1947 was met with widespread protest charging him as an atheist. Drawing on Otto’s case, McCumber details the hugely successful conservative efforts that, by 1960, had all but banished the existentialist and pragmatist paradigms—not to mention Marxism—from philosophy departments all across the country, replacing them with an approach that valorized scientific objectivity and free markets and which downplayed the anti-theistic implications of modern thought. As he shows, while there have since been many instances of definitive and even explosive rejection of this conservative trend, its effects can still be seen at American universities today.
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Recommended Principles to Guide Academy-Industry Relationships
American Association of University Professors
University of Illinois Press, 2014
The reputation of a college or institution depends upon the integrity of its faculty and administration. Though budgets are important, ethics are vital, and a host of new ethical problems now beset higher education. From MOOCS and intellectual property rights to drug industry payments and conflicts of interest, this book offers AAUP policy language and best practices to deal with all the campus-wide challenges of today's corporate university:
 
• Preserving the integrity of research and public respect for higher education
• Eliminating and managing individual and institutional financial conflicts of interest
• Maintaining unbiased hiring and recruitment policies
• Establishing grievance procedures and due process rights for faculty, graduate students, and academic professionals
• Mastering the complications of negotiations over patents and copyright
• Assuring the ethics of research involving human subjects.
 
In a time of dynamic change Recommended Principles to Guide Academy-Industry Relationships offers an indispensable and authoritative guide to sustaining integrity and tradition while achieving great things in twenty-first century academia.
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The Study of Religion and the Training of Muslim Clergy in Europe
Academic and Religious Freedom in the 21st Century
Willem Drees
Amsterdam University Press, 2007
Religious scholarship can be offensive tobelievers, as conflicts from the time ofGalileo and Spinoza to the recent critiqueof Danish religious scholars in the wake ofthe infamous Muhammad cartoons haveshown. Studies of this type of scholarshiphave been appropriated by believers as ameans of reinventing their own identities– as the training of twentieth-centuryMuslim clergy demonstrates. This volumeoffers a unique collection of training materialsfrom European Muslim clergy sincethe 1940s – including Third Reich reports on debriefing imams, surveillance files onMuslim activists, and information onBosnian clergy and their training centres– as well as an exploration of religion andacademic freedom in general, accompaniedby appendices in both Arabic and English.
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Versions of Academic Freedom
From Professionalism to Revolution
Stanley Fish
University of Chicago Press, 2014
Through his columns in the New York Times and his numerous best-selling books, Stanley Fish has established himself as our foremost public analyst of the fraught intersection of academia and politics. Here Fish for the first time turns his full attention to one of the core concepts of the contemporary academy: academic freedom.
 
Depending on who’s talking, academic freedom is an essential bulwark of democracy, an absurd fig leaf disguising liberal agendas, or, most often, some in-between muddle that both exaggerates its own importance and misunderstands its actual value to scholarship. Fish enters the fray with his typical clear-eyed, no-nonsense analysis. The crucial question, he says, is located in the phrase “academic freedom” itself: Do you emphasize “academic” or “freedom”? The former, he shows, suggests a limited, professional freedom, while the conception of freedom implied by the latter could expand almost infinitely. Guided by that distinction, Fish analyzes various arguments for the value of academic freedom: Is academic freedom a contribution to society's common good? Does it authorize professors to critique the status quo, both inside and outside the university? Does it license and even require the overturning of all received ideas and policies? Is it an engine of revolution? Are academics inherently different from other professionals? Or is academia just a job, and academic freedom merely a tool for doing that job?
 
No reader of Fish will be surprised by the deftness with which he dismantles weak arguments, corrects misconceptions, and clarifies muddy arguments. And while his conclusion—that academic freedom is simply a tool, an essential one, for doing a job—may surprise, it is unquestionably bracing. Stripping away the mystifications that obscure academic freedom allows its beneficiaries to concentrate on what they should be doing: following their intellectual interests and furthering scholarship.
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The Vulnerability of Public Higher Education
Michael Bernard-Donals
The Ohio State University Press, 2023

Reduced state funding to public institutions. The removal of tenure from state statutes. Attempts to silence faculty. Michael Bernard-Donals takes on these issues and other crises in higher education in The Vulnerability of Public Higher Education, exploring how values once used to justify higher education—the democratization of knowledge, the fostering of expertise, the creation of well-informed citizens, and critical engagement with issues—have been called into question.

Bernard-Donals argues that public higher education, especially the work of faculty, has become vulnerable—socially, politically, professionally—and this book takes seriously the idea of vulnerability, suggesting that university faculty see it not as an encumbrance to their work but as an opportunity to form relations of solidarity with one another through mutual recognition and shared, albeit different forms of, precarity. Through a series of case studies on faculty rights and responsibilities, the efficacy of diversity initiatives, and tenure and academic freedom, Bernard-Donals employs a rhetorical perspective to show how vulnerability can reshape faculty work and provide ways to shift the relations of materiality and power while opening up new forms of deliberation, engagement, and knowledge production.

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What Happened to Notre Dame?
Charles E. Rice
St. Augustine's Press, 2009

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Who Owns Academic Work?
Battling for Control of Intellectual Property
Corynne McSherry
Harvard University Press, 2003

Who owns academic work? This question is provoking political and legal battles, fought on uncertain terrain, for ever-higher stakes. The posting of faculty lecture notes on commercial Web sites is being hotly debated in multiple forums, even as faculty and university administrators square off in a battle for professorial copyright. In courtrooms throughout the country, universities find themselves embroiled in intricate and expensive patent litigation. Meanwhile, junior researchers are appearing in those same courtrooms, using intellectual property rules to challenge traditional academic hierarchies. All but forgotten in these ownership disputes is a more fundamental question: should academic work be owned at all? Once characterized as a kind of gift, academic work--and academic freedom--are now being reframed as private intellectual property.

Drawing on legal, historical, and qualitative research, Corynne McSherry explores the propertization of academic work and shows how that process is shaking the foundations of the university, the professoriate, and intellectual property law. The modern university's reason for being is inextricably tied to that of the intellectual property system. The rush of universities and scholars to defend their knowledge as property dangerously undercuts a working covenant that has sustained academic life--and intellectual property law--for a century and a half. As the value structure of the research university is replaced by the inequalities of the free market, academics risk losing a language for talking about knowledge as anything other than property. McSherry has written a book that ought to deeply trouble everyone who cares about the academy.

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