Academic freedom : from professional norm to First Amendment right / David M. Rabban.

Format:

Book

Author/Creator:

Rabban, David M., 1949- author.

Language:

English

Subjects (All):

United States. Constitution--1st Amendment.

United States.

Academic freedom--United States.

Academic freedom.

Freedom of speech--United States.

Freedom of speech.

Physical Description:

vi, 369 pages ; 24 cm

Place of Publication:

Cambridge, Massachusetts : Harvard University Press, 2024.

Summary:

"David Rabban provides the first full synthesis of the case law on academic freedom and the First Amendment at American universities. Responding to the judicial decisions, he draws on the professional norm of academic freedom to develop a theory of academic freedom as a distinctive First Amendment right of professors, universities, and students"-- Provided by publisher.

"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." -- Publisher's description

Contents:

Defining academic freedom in the AAUP's 1915 Declaration

Initial applications of the Constitution to the university

The emergence of academic freedom as a First Amendment right of professors

The development of academic freedom as a First Amendment right of professors

The limited application of academic freedom as a First Amendment right of professors

A theory of academic freedom as a distinctive First Amendment right of professors

The development of institutional academic freedom as a First Amendment right of universities

A theory of institutional academic freedom as a distinctive First Amendment right of universities

Can institutional academic freedom limit free speech?

Judicial review of conflicting academic freedom claims between professors and universities

Student academic freedom.

Notes:

Includes bibliographical references (pages 303-361) and index.

Other Format:

Online version: Rabban, David M., 1949- Academic freedom.

ISBN:

9780674291058

0674291050

9780674295957

0674295951

OCLC:

1420640397