2. Academic Freedom & the Law
Education Reform Act (1988)
S202 - “… academic staff have freedom within the
law to question and test received wisdom and put
forward new ideas and controversial or unpopular
opinions without placing themselves in jeopardy of
losing their jobs
How does this play in practice?
“with privileges come obligations, such as not to
bring one's institution into disrepute.” Professor
Geoffrey Alderman
As you might expect, it’s a potential minefield…
3. Academic freedom is…?
The ability within the law to question and test
received wisdom and to put forward new ideas
and controversial or unpopular opinions.
The responsibility to support the same freedoms for
those of differing views.
The ability to discuss the affairs of one’s
educational institution, in appropriate media.
The responsibility to enter into such discussion with
integrity and charity, not representing personal
opinions as those of the educational institution.
4. Academic freedom is…?
The ability to take an active part in the
governance of the educational institution.
The responsibility to accept decisions properly
arrived at.
The ability to select methods of teaching course
elements which have been properly agreed.
The responsibility to take full cognizance of (i) the
intellectual and professional needs of students and
(ii) requirement for the integrity and coherence of
an academic course.
5. Academic freedom is…?
The ability to select one's area of research,
subject to constraints on the resources
available; to publish subject to academic
judgement.
The responsibility to maintain high standards of
scholarship & to be responsive to reasoned
discussion.
The right to not take part in research which is
morally repugnant to the individual.
The responsibility not to use such freedom in a fickle
way.
University of Bath Code on Academic Freedom and
Corresponding Responsibilities
6. Academic Freedom is not…
A right to engage in activities which
contravene the law.
Although one might legitimately question or
challenge the validity or application of such laws
A right to use institutional facilities, resources
and ‘visual identity’ to promote or engage in
non-academic activities.
Although one might engage in such activities in
one’s own time and using one’s own resources.
The "Israeli Academic Boycott”.
7. Should Academic Freedom …
…guarantee unfiltered Internet, Web, or e-mail
access?
Yes, given the technical fallibilities (and hidden
agendas) of filtering technologies.
But staff/students should be informed about proper
usage policies & disciplinary procedures.
…guarantee unmonitored Internet, Web, or e-
mail access?
No, educational institutions, like any other
employer, have a right to take reasonable measures
to ensure that their services are being used
appropriately and within the law.
8. Should Academic Freedom …
Guarantee unmonitored/unfettered webspace
No, the institution has the right to ensure that
webpages do not lead to criminal or civil liability.
Institutional webspace should only be used for
institutional purposes related to an academic’s work
- unless otherwise agreed.
If staff/students wish to run webpages on particular
subjects, there are plenty of cheap alternatives to
institutional webspace.
But controversial material/links related to an
academic’s work should be given special
consideration.
9. Should Academic Freedom …
Permit the use of the institution’s title, logos etc
on personal web pages based outside the
institution
No, the institution has the right to control the use of
its image and reputation.
Permit the use of an academic’s title and
affiliation on externally hosted personal web
pages
Yes, subject to the fact that the institution should
inform the academic that such use of affiliation may
attract institutional scrutiny as to the effect on the
University.
10. Academic Freedom requires…
An ongoing dialogue between academic staff/students
and support/administrative staff.
A shared understanding of acceptable on-line activities
& a flexible application of rules as necessary.
Guidance on ethical standards, and oversight of
research by suitable Ethics Committees.
Clear guidance as to how to progress & eventually
disseminate & publicize controversial research.
Clear statement of policy by an institution about
external activities and their linkage to the institution
and thus to institutional reputation.
11. Censorship?
The Bell Curve, (Hernstein & Murray, 1994) -
US - race issues.
The Mapplethorpe Incident - University of
Central England
The Israel Academic Boycott – UMIST
‘… not … all expressions of opinion by academic
staff members are defensible under the principles of
academic freedom, particularly when those
contributions have no association with the
academic’s position within the University that
employs them.’ Internal UMIST report
12. Treading carefully…
‘Academic freedom’ like ‘freedom of speech’
does not lend itself to easy definition.
Extreme cases are easy to decide, the problems
lie in the grey areas.
Clear and open policy making helps to avoid ad
hoc decisions by staff.
Negotiation and discussion rather than abrupt
action (and public debate in the letters/features
pages of the THES) is advised.