Universities pay professors to tell students what they think, but several court rulings could suggest otherwise. However, national academic leaders said the University of Minnesota is setting precedents when it comes to protecting academic freedom. The University SenateâĂ„Ă´s Academic Freedom and Tenure Committee is pushing to revise the Board of Regents policy on academic freedom to better protect staff from the consequences of the recent court decisions, which limit academic freedom in public universities. The Faculty Senate will consider the revision Thursday . If it passes, the committee expects the Board of Regents, which has final say, to consider the revision at their May meeting. âĂ„ĂşItâĂ„Ă´s crucial to the society that university faculty have freedom of expression, without constraint or threat of retaliation,âĂ„Ăą the academic freedom committeeâĂ„Ă´s chair and English professor Tom Clayton said. âĂ„ĂşWithout that we have no guarantee of honesty anywhere in society.âĂ„Ăą In a 2006 ruling, Garcetti v. Ceballos, the U.S. Supreme Court said public agencies can discipline their employees for any speech made in connection with their jobs. Though the case did not involve a public university employee, Justice David Souter dissented, saying he hoped the decision would not imperil First Amendment rights of public college and university teachers who âĂ„Ăşnecessarily speak and write âÄòpursuant to official duties.âĂ„Ă´âĂ„Ăą Unfortunately the ruling has had a negative effect on higher education, said American Association of University Professors Senior Counsel Rachel Levinson . Courts made a handful of other rulings in relation to the 2006 case that do involve public university faculty. âĂ„ĂşIn some of those, the courts arenâĂ„Ă´t even really recognizing that the majority in Garcetti said that speech about teaching and research might be treated differently than other public employeesâĂ„Ă´ speech,âĂ„Ăą Levinson said. University professor and director of the Silha Center for Media Law and Ethics Jane Kirtley said public universities have been able to target professors who have criticized university governance. âĂ„ĂşThe general trend around the country is that courts are interpreting the idea of academic freedom very narrowly,âĂ„Ăą she said. âĂ„ĂşThey are taking cases that I think, frankly, the Supreme Court had not intended to be used with cases involving professors.âĂ„Ăą Kevin Renken, a University of Wisconsin- Milwaukee professor, learned his freedom of speech only goes so far. In 2008, the U.S. Seventh Circuit court ruled the First Amendment didnâĂ„Ă´t protect him when he spoke out against his departmentâĂ„Ă´s handling of a national Science Foundation grant. The three-judge panel cited the Garcetti case. Renken said he filed suit because the University reduced his pay and terminated the grant in reaction to his criticism of how the administration had handled the money. âĂ„ĂşI told the truth. I did the right thing,âĂ„Ăą he said. âĂ„ĂşWhat academic freedom do we have when the courts donâĂ„Ă´t recognize it?âĂ„Ăą The AAUP established a committee examining defense of academic freedom at public universities, and is encouraging schools to follow the University of MinnesotaâĂ„Ă´s lead, Levinson said. Although the revision, which is meant to strengthen facultyâĂ„Ă´s right to speak out on matters of public concern and matters pertaining to their jobs, has yet to pass through all the appropriate channels, it has strong support from University leaders. University Senior Vice President and Provost Tom Sullivan helped the committee draft the revision and has endorsed the change. âĂ„ĂşOne of the most, perhaps the most important principal that we have at a university is academic freedom for faculty,âĂ„Ăą Sullivan said.âĂ„Ăą The University has had a long distinguished history of protecting and advancing academic freedom and, in this case, if it passes through the channels, it would put the University in the forefront of protecting academic freedom.âĂ„Ăą -Robert Downs contributed to this report
U pushes to protect faculty freedom of speech
Faculty want to revise University policy because recent court decisions leave professors’ speech rights vulnerable.
Published April 1, 2009
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