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Author: Robert C. Post Publisher: Yale University Press ISBN: 0300148631 Category : Law Languages : en Pages : 193
Book Description
A leading American legal scholar offers a surprising account of the incompleteness of prevailing theories of freedom of speech. Robert C. Post shows that the familiar understanding of the First Amendment, which stresses the “marketplace of ideas” and which holds that "everyone is entitled to an opinion," is inadequate to create and preserve the expert knowledge that is necessary for a modern democracy to thrive. For a modern society reliably to answer such questions as whether nicotine causes cancer, the free and open exchange of ideas must be complemented by standards of scientific competence and practice that are both hierarchical and judgmental. Post develops a theory of First Amendment rights that seeks to explain both the need for the free formation of public opinion and the need for the distribution and creation of expertise. Along the way he offers a new and useful account of constitutional doctrines of academic freedom. These doctrines depend both upon free expression and the necessity of the kinds of professional judgment that universities exercise when they grant or deny tenure, or that professional journals exercise when they accept or reject submissions.
Author: Robert C. Post Publisher: Yale University Press ISBN: 0300148631 Category : Law Languages : en Pages : 193
Book Description
A leading American legal scholar offers a surprising account of the incompleteness of prevailing theories of freedom of speech. Robert C. Post shows that the familiar understanding of the First Amendment, which stresses the “marketplace of ideas” and which holds that "everyone is entitled to an opinion," is inadequate to create and preserve the expert knowledge that is necessary for a modern democracy to thrive. For a modern society reliably to answer such questions as whether nicotine causes cancer, the free and open exchange of ideas must be complemented by standards of scientific competence and practice that are both hierarchical and judgmental. Post develops a theory of First Amendment rights that seeks to explain both the need for the free formation of public opinion and the need for the distribution and creation of expertise. Along the way he offers a new and useful account of constitutional doctrines of academic freedom. These doctrines depend both upon free expression and the necessity of the kinds of professional judgment that universities exercise when they grant or deny tenure, or that professional journals exercise when they accept or reject submissions.
Author: Michael Bérubé Publisher: JHU Press ISBN: 1421443880 Category : Education Languages : en Pages : 304
Book Description
How far does the idea of academic freedom extend to professors in an era of racial reckoning? The protests of summer 2020, which were ignited by the murder of George Floyd, led to long-overdue reassessments of the legacy of racism and white supremacy in both American academe and cultural life more generally. But while universities have been willing to rename some buildings and schools or grapple with their role in the slave trade, no one has yet asked the most uncomfortable question: Does academic freedom extend to racist professors? It's Not Free Speech considers the ideal of academic freedom in the wake of the activism inspired by outrageous police brutality, white supremacy, and the #MeToo movement. Arguing that academic freedom must be rigorously distinguished from freedom of speech, Michael Bérubé and Jennifer Ruth take aim at explicit defenses of colonialism and theories of white supremacy—theories that have no intellectual legitimacy whatsoever. Approaching this question from two angles—one, the question of when a professor's intramural or extramural speech calls into question his or her fitness to serve, and two, the question of how to manage the simmering tension between the academic freedom of faculty and the antidiscrimination initiatives of campus offices of diversity, equity, and inclusion—they argue that the democracy-destroying potential of social media makes it very difficult to uphold the traditional liberal view that the best remedy for hate speech is more speech. In recent years, those with traditional liberal ideals have had very limited effectiveness in responding to the resurgence of white supremacism in American life. It is time, Bérubé and Ruth write, to ask whether that resurgence requires us to rethink the parameters and practices of academic freedom. Touching as well on contingent faculty, whose speech is often inadequately protected, It's Not Free Speech insists that we reimagine shared governance to augment both academic freedom and antidiscrimination initiatives on campuses. Faculty across the nation can develop protocols that account for both the new realities—from the rise of social media to the decline of tenure—and the old realities of long-standing inequities and abuses that the classic liberal conception of academic freedom did nothing to address. This book will resonate for anyone who has followed debates over #MeToo, Black Lives Matter, Critical Race Theory, and "cancel culture"; more specifically, it should have a major impact on many facets of academic life, from the classroom to faculty senates to the office of the general counsel.
Author: Joan Wallach Scott Publisher: Columbia University Press ISBN: 0231548931 Category : Education Languages : en Pages : 134
Book Description
Academic freedom rests on a shared belief that the production of knowledge advances the common good. In an era of education budget cuts, wealthy donors intervening in university decisions, and right-wing groups threatening dissenters, scholars cannot expect that those in power will value their work. Can academic freedom survive in this environment—and must we rearticulate what academic freedom is in order to defend it? This book presents a series of essays by the renowned historian Joan Wallach Scott that explore the history and theory of free inquiry and its value today. Scott considers the contradictions in the concept of academic freedom. She examines the relationship between state power and higher education; the differences between the First Amendment right of free speech and the guarantee of academic freedom; and, in response to recent campus controversies, the politics of civility. The book concludes with an interview conducted by Bill Moyers in which Scott discusses the personal experiences that have informed her views. Academic freedom is an aspiration, Scott holds: its implementation always falls short of its promise, but it is essential as an ideal of ethical practice. Knowledge, Power, and Academic Freedom is both a nuanced reflection on the tensions within a cherished concept and a strong defense of the importance of critical scholarship to safeguard democracy against the anti-intellectualism of figures from Joseph McCarthy to Donald Trump.
Author: Robert C. Post Publisher: Yale University Press ISBN: 030014864X Category : Law Languages : en Pages : 153
Book Description
A leading American legal scholar offers a surprising account of the incompleteness of prevailing theories of freedom of speech. Robert C. Post shows that the familiar understanding of the First Amendment, which stresses the "marketplace of ideas" and which holds that "everyone is entitled to an opinion," is inadequate to create and preserve the expert knowledge that is necessary for a modern democracy to thrive. For a modern society reliably to answer such questions as whether nicotine causes cancer, the free and open exchange of ideas must be complemented by standards of scientific competence and practice that are both hierarchical and judgmental.Post develops a theory of First Amendment rights that seeks to explain both the need for the free formation of public opinion and the need for the distribution and creation of expertise. Along the way he offers a new and useful account of constitutional doctrines of academic freedom. These doctrines depend both upon free expression and the necessity of the kinds of professional judgment that universities exercise when they grant or deny tenure, or that professional journals exercise when they accept or reject submissions.
Author: Jennifer Ruth Publisher: Beacon Press ISBN: 0807045179 Category : Education Languages : en Pages : 234
Book Description
From leaders on the front lines of the battle for academic freedom in higher education, an empowering collection on fighting back against anti-CRT policies, book banning, and more Spanning over 40 years of contested history through to today, The Right to Learn speaks out fearlessly against the far right’s decades-long war against intellectual freedom. This essential anthology outlines and contextualizes the culture wars’ demonization of critical race theory, Ron DeSantis’s “Don’t Say Gay” law, and other hot-button issues. With an introduction that places the current crisis within the broader context of the ongoing attacks on American democracy, The Right to Learn features the testimony and analysis of activists, scholars, and attorneys with first-hand experience in the struggle against well-funded conservative groups’ assaults on academic freedom. An impassioned, inspired resource for those fighting on the ground for the right to learn, this anthology is structured in three parts designed to equip educators with the necessary tools to understand the battle—and to fight back. —PART 1 explores educational gag laws, featuring, among others, PEN America staff members Jonathan Friedman, Jeremy C. Young, and James Tager. —PART 2 offers perspectives on key issues from those on the front lines: activists, educators, and attorneys like Dennis Parker, director of the National Center for Law and Economic Justice. —PART 3 investigates the implications of undermining academic freedom, with insight from experts such as Sharon D. Wright Austin, one of the professors barred by the University of Florida from testifying against a restrictive voting rights law and a plaintiff in the main legal case against Ron DeSantis’s “Stop WOKE Act.” As they confront today’s attack on higher education, The Right to Learn’s expert contributors reveal that what’s at stake is the pursuit of the real-world and contemporary knowledge a democratic polity requires.
Author: Michael Bérubé Publisher: JHU Press ISBN: 1421443872 Category : EDUCATION Languages : en Pages : 304
Book Description
"This books takes up the hot-button issues at the intersection of free speech, hate speech, and academic freedom on the contemporary college campus. It questions whether scholarship and "extramural" speech that is deemed racist, homophobic, or sexist should be exempt from the protections of academic freedom and sanctioned on campus"--
Author: Stanley Fish Publisher: University of Chicago Press ISBN: 022606431X Category : Education Languages : en Pages : 178
Book Description
Advocates of academic freedom often view it as a variation of the right to free speech and an essential feature of democracy. Stanley Fish argues here for a narrower conception of academic freedom, one that does not grant academics a legal status different from other professionals. Providing a blueprint for the study of academic freedom, Fish breaks down the schools of thought on the subject, which range from the idea that academic freedom is justified by the common good or by academic exceptionalism, to its potential for critique or indeed revolution. Fish himself belongs to what he calls the “It's Just a Job” school: while academics need the latitude—call it freedom if you like—necessary to perform their professional activities, they are not free in any special sense to do anything but their jobs. Academic freedom, Fish argues, should be justified only by the specific educational good that academics offer. Defending the university “in all its glorious narrowness” as a place of disinterested inquiry, Fish offers a bracing corrective to academic orthodoxy.
Author: Robert Weissberg Publisher: Nova Publishers ISBN: 9781560727835 Category : Education Languages : en Pages : 278
Book Description
Treatises on democracy in higher education are hardly original undertakings in today's troubled, often acrimonious campus environments. All the "hot button" issues -- racial preferences in admissions, sexual harassment, government funding, multiculturalism, speech codes, even formulating the core curriculum -- sooner or later drag in "democracy". In fact, academic democracy has become a virtual scholarly mini-industry. The authors bring a breath of fresh perspectives to this expansive subject, a collection of analyses written by scholars seldom invited to prestigious conferences dominated by eminent presidents, trustees, provosts, and all the other educational "leaders" who normally define pubic discourse at a safe distance from the classroom. The authors eschew the customary offering of high-sounding speeches, platitudes and rhapsodizing about the democratic role of education, especially well-funded education.
Author: Sjur Bergan Publisher: Council of Europe ISBN: 9287187142 Category : Political Science Languages : en Pages : 270
Book Description
Academic freedom and institutional autonomy are essential for universities to produce the research and teaching necessary to improve society and the human condition. Academic freedom and institutional autonomy are increasingly important components of the development of democracy. At the same time, these fundamental democratic values are subject to pressure in many countries. The relationship between academic freedom, institutional autonomy and democracy is fundamental: it is barely conceivable that they could exist in a society not based on democratic principles, and democracy is enriched when higher education institutions operate on this basis. Higher education institutions need to be imbued with democratic culture and that, in turn, helps to promote democratic values in the wider society. None of these issues are simple and the lines between legitimacy and illegitimacy are sometimes hard to discern, as is illustrated by perspectives from Europe, North America, Asia, Australia and the Mediterranean region.
Author: Robert C. Post
Author: Robert C. Post
Author: Michael Bérubé
Author: Joan Wallach Scott
Author: Robert C. Post
Author: Jennifer Ruth
Author: Ronald J. Daniels
Author: Michael Bérubé
Author: Stanley Fish
Author: Robert Weissberg
Author: Sjur Bergan