This brief report summarizes a longer document with the same title in the ASHE-ERIC Higher Education Report series. Academic freedom provides the foundation for faculty scholarship and teaching, making it possible for educators to exchange ideas and concepts freely in the classroom, to explore and disseminate new knowledge, and to speak out both…

This report synthesizes the literature and applicable case law concerning academic freedom in higher education and addresses the following issues: (1) popular notions concerning academic freedom; (2) whether academic freedom is a legal right; (3) whether faculty at private institutions have the same rights as faculty in public schools; and (4)…

In problems pertaining to faculty dismissal, public higher education institutions are subject to both constitutional and contractual constraints, whereas private schools are subject almost solely to self-imposed contractual limitations. In public institutions, teachers alleging termination for protected free speech bear the burden of establishing…