Freedom and Tenure in the Academy

Freedom and Tenure in the Academy

Book Pages: 442 Illustrations: Published: February 1993

Law, Pedagogy and Higher Education

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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Author/Editor Bios Back to Top

William W. Van Alstyne is William and Thomas Perkins Professor of Law at Duke University Law School. He is the author of Interpretations of the First Amendment (Duke).

Table of Contents Back to Top
Introduction / William W. Van Alstyne vii

The 1940 Statement of Principles on Academic Freedom and Tenure / Walter P. Metzger 3

Academic Freedom and the First Amendment in the Supreme Court of the United States: An Unhurried Historical Review / William W. Van Alstyne 79

Ideology and Faculty Selection / Judith Jarvis Thomson 155

Artistic Freedom and Academic Freedom / Robert M. O'Neil 177

Academic Freedom, Hate Speech, and the Idea of a University / Rodney A. Smolla 195

A Functional Analysis of "Individual" and "Institutional" Academic Freedom Under the First Amendment / David M. Rabban 227

Academic Freedom in Religious Colleges and Universities / Michael W. McConnell 303

Academic Tenure and Academic Freedom / Ralph S. Brown and Jordan E. Kurland 325

"A Higher Order of Liberty in the Workplace": Academic Freedom and Tenure in the Vortex of Employment Practices of the Law / matthew W. Finkin 357

Academic Freedom: A Bibliography / Janet Sinder 381

Appendix A. General Report on the Committee on Academic Freedom and Academic Tenure (1915) 393

Appendix B. 1940 Statement of Principles on Academic Freedom and Tenure 407

Appendix C. Joint Statement on Rights and Freedoms of Students (1967) 411

Academic Freedom and Church-Related Higher Education: A Reply to Professor McConnell / Judith Jarvis Thomson and Matthew W. Finkin 419
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Winner, 1994 Choice Outstanding Academic Books

Additional InformationBack to Top
Cloth ISBN: 978-0-8223-1333-5
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