Current Cases on Academic Freedom.
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| Title: | Current Cases on Academic Freedom. |
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| Language: | English |
| Authors: | Sandmann, Warren |
| Peer Reviewed: | N |
| Page Count: | 25 |
| Publication Date: | 1998 |
| Document Type: | Reports - Descriptive Speeches/Meeting Papers |
| Descriptors: | Academic Freedom, Civil Rights, Court Litigation, Faculty College Relationship, Freedom of Speech, Higher Education, Internet, Professional Autonomy, Teacher Rights |
| Laws, Policies and Program Identifiers: | First Amendment |
| Abstract: | This paper discusses current court rulings on academic freedom at the college and university level. The paper focuses on three cases: "Hall v. Kutztown," in which the U.S. District Court for the Eastern District of Pennsylvania ruled that Kutztown University violated the free speech rights of a philosophy professor when it rejected him for two tenure-track positions after he voiced opposition to multicultural education and criticized "barbaric" cultural practices in some countries of Africa and Asia; "Kincaid v. Gibson," in which the U.S. District Court of the Eastern District of Kentucky granted summary judgment for the University of Kentucky, denying any claims of infringement of the First Amendment in the refusal to distribute the school yearbook; and "Loving v. Boren," in which the U.S. Court of Appeals for the 10th Circuit upheld a lower-court decision that a University of Oklahoma professor lacked standing to challenge university restrictions on access to sex-oriented material on the Internet. It is argued that these decisions offer a snapshot view of a narrowing of the concept of academic freedom and of the distinction between academic freedom and freedom of expression, a distinction that is too often overlooked by those who "blithely" assume the power of academic freedom. Contains 27 notes. (NKA) |
| Entry Date: | 1999 |
| Accession Number: | ED426423 |
| Database: | ERIC |
| Abstract: | This paper discusses current court rulings on academic freedom at the college and university level. The paper focuses on three cases: "Hall v. Kutztown," in which the U.S. District Court for the Eastern District of Pennsylvania ruled that Kutztown University violated the free speech rights of a philosophy professor when it rejected him for two tenure-track positions after he voiced opposition to multicultural education and criticized "barbaric" cultural practices in some countries of Africa and Asia; "Kincaid v. Gibson," in which the U.S. District Court of the Eastern District of Kentucky granted summary judgment for the University of Kentucky, denying any claims of infringement of the First Amendment in the refusal to distribute the school yearbook; and "Loving v. Boren," in which the U.S. Court of Appeals for the 10th Circuit upheld a lower-court decision that a University of Oklahoma professor lacked standing to challenge university restrictions on access to sex-oriented material on the Internet. It is argued that these decisions offer a snapshot view of a narrowing of the concept of academic freedom and of the distinction between academic freedom and freedom of expression, a distinction that is too often overlooked by those who "blithely" assume the power of academic freedom. Contains 27 notes. (NKA) |
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