Academic freedom is at the very center of the modern university; it promotes discovery and teaching of the best possible knowledge. The need for improved regulations governing academic freedom is currently growing as a century-long consensus that focused on granting faculty members the most expansive academic freedom rights is breaking down; other…

Virginia State University Carey E. Stronach assigned an undergraduate a final grade of D after the student had failed three classroom quizzes. The student, who claimed to have received A's on two of the quizzes, submitted fax copies of his score sheets to Stronach, who concluded that the student had doctored his scores. The student appealed to the…

Analyzes the origins of recent federal appellate decisions' divergence from the Supreme Court's identification of teachers' or faculty's academic freedom as "a special concern of the First Amendment." Suggests ways in which academic freedom might better be accorded its rightful importance within the framework of current Supreme Court…

Seeks to answer whether a professor's expression is a matter of public concern in order to qualify for constitutional protection; discusses public concern cases involving faculty expression. Suggests that the professor bears a difficult burden in passing this threshold test and that the scope of professors' protected speech has consequently been…

This "Update" discusses the impact of the "Seminole Tribe v. State of Florida" decision on higher education. In essence, the Court in this decision rescinded the doctrine of "Eleventh Amendment immunity" and ruled that Congress has only limited power to enact laws that apply to state governmental entities, including…

Describes how a language professor who was denied tenure now specializes in helping academics challenge their colleges. (EV)

This chapter provides an overview of academic freedom and tenure as applied to the community college.

Examines the current state of First Amendment rights of faculty at public colleges and universities. Using as a focus the recent case of Crue v. Aiken, analyzes the place of the prior restraint doctrine and the treatment of public employees in the free speech context, arriving at a conclusion that offers an extension of the restrictions allowed by…

Describes important court decisions which illustrate the relationship and potential tension between the academic freedom of an individual professor and the academic freedom of the university as an institution. (EV)

Academic freedom is an elusive concept. Many university and college faculty members who purport to possess its protections believe they have a solid understanding of its nature and of the individual rights secured by academic freedom. There is some consensus on the meaning of the term in the academic universe. This concurrence of understanding is…

The relationship between faculty union mandatory membership provisions in a collective bargaining agreement and the rights of faculty protected by tenure and academic freedom are examined, and college options and considerations in negotiating contracts under collective bargaining laws are discussed. (MSE)

Reviews court decisions related to the limited constitutional rights of tenured faculty members in State-supported institutions of higher education who face dismissal based on institutional necessity. Considers court opinions on what qualifies as "financial exigency" and "bona fide dismissal," and describes actions taken by the…

Discussion of trends concerning academic freedom compares the limits to academic freedom traditionally rooted in professional ethics and applied by the academic profession with the areas of protection prescribed by courts. It is concluded that even when generous, rulings have not necessarily been in the best interest of the academy. (MSE)

Increasingly, college faculty members accused of sexual harassment say their rights have been breached and are suing their institutions. Some observers see the trend as a backlash to new expectations about appropriate faculty behavior. Others worry that administrative definitions of harassment are too broad, and faculty due process is violated.…

The University of Michigan vs. Scott Ewing case, in which a medical student who had not passed a required examination was dismissed, and the potential for legal pressure brought to writing teachers and writing programs are discussed. (MSE)