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Defining Academic Freedom for 2007

In 1940, the American Association of University Professors adopted a “Statement of Principles on Academic Freedom and Tenure,” a document that ever since has been cited in disputes about the rights of professors to freedom of expression and job security. While plenty of colleges over the years have ignored parts of the document, the statement has come to be seen as a definitive statement on such issues as professors’ right to research and teach controversial ideas, the tenure process and more. The 1940 statement has enough history and support behind it that even critics of the AAUP like to cite the statement.

Today, the American Federation of Teachers — which has about 165,000 members in higher education — is issuing its own statement on academic freedom. On most issues, the substance of the statements (as well as an earlier one from the National Education Association) is similar. All the statements assert that professors do their jobs best with full freedom of thought and expression, and with job security (largely in the form of tenure). All of the statements also say that colleges should be run with shared governance in which professors have a meaningful say in the way institutions are run.

The AFT statement differs from the AAUP’s, however, on a point of policy and in its themes. The AAUP’s 1940 statements defines seven years as the standard amount of time beyond which a faculty member should not work without tenure. The AFT statement has no such limit specified for non-tenured work, and AFT officials said that many of their members who are adjuncts view such a limit as a constraint on their employment, not a protection.

In terms of themes, the AAUP document places the most emphasis on the differences between tenured and non-tenured professors, but with the latter being people on the tenure track. The AFT document is much more focused on the growing ranks of adjunct professors. The AFT statement, not surprisingly, also talks about the importance of having the principles of tenure and academic freedom outlined in collective bargaining contracts. (While the AAUP is a union for some of its members, it is a professional association only for many others.)

While AFT officials said that they didn’t see their document as arguing principles that differ from the AAUP, they said that higher education needed an updated statement. “Times have changed,” said Arthur Hochner, a Temple University professor who led the effort to draft the statement. “Universities are very different places. They are not ivory tower any more.”

Lawrence N. Gold, director of higher education at the AFT, said that the AAUP statement “informs everything we do” and remained a statement of importance. But he said that the AFT document was “uniquely union-like.”

Jonathan Knight, who heads the AAUP division focused on academic freedom, said it was “very welcome” to have the AFT statement, and that he did not view it as competing with the AAUP’s 1940 statement. As to the differing policies on the length of time by which tenure must be offered, Knight said that the AAUP continued to believe that having a defined time protected faculty rights. He said that the AFT’s different stance was “altogether in keeping with the notion that it is a statement issued by one organization, which is focusing on its members and who it thinks are its potential members.”

The AFT statement opens with a quote from Kofi Annan, the former United Nations secretary general, who in 2005 defined academic freedom this way: “the freedom to conduct research, teach, speak, and publish, subject to the norms and standards of scholarly inquiry, without interference or penalty, wherever the search for truth and understanding may lead.”

The document goes on to define different parts of academic freedom.

On teaching, the document says that faculty members, as a collective body, “must have the primacy in designing and approving the curriculum, as well as the methods of instruction, in accordance with accepted professional standards.” In addition, individual faculty members must have “primary responsibility for selecting instructional materials” and “defining course content.”

Professors also must have “full freedom to discuss the subject matter of the course,” even “controversial material relevant to their teaching subjects and methods,” the document says. “Good education ends when instructors have to look over their shoulders to make sure what they say in the classroom meets the approval of people with ideological or commercial agendas — such as politicians, government or the media — rather than consider the professional standards of their peers,” the statement says. “Outside intervention to change classroom readings, or monitor classroom discussions, is to be vigorously resisted.”

Similar principles are suggested for research. “Regardless of how controversial, unconventional or unsettling their subjects, methods and results are, academics need freedom from interference in their research,” the statement says. “They should be able to pursue ideas and knowledge wherever they may lead.” Also, the statement calls for research findings to be open, and not restricted by commercial agreements. “Academic integrity in research,” the statement says, “requires discoveries to be shared and knowledge to be considered primarily as a public good instead of a private possession.”

In a section on the report on “the mechanics of academic freedom,” the AFT identifies three inter-related processes: tenure, peer evaluation, and shared governance. Academics need to judge fellow academics on promotions, curricular priorities, and so forth, and faculty involvement in college management must be meaningful.

The report warns against a number of threats to academic freedom, including “the increasingly vocational focus of higher education,” the “loss of financial support” for higher education, “corporate style management” of colleges and political attacks.

The growing use of adjuncts is viewed as a problem in that they lack the protections of tenure. But the report stresses that faculties and institutions need to go beyond the tenure question to seek protections for those whose positions don’t have a tenure option.

“Under the new conditions of a shrinking tenure track and hostile external interests, however, higher education faculty and instructional staff need more than just a reiteration of basic principles,” the AFT statement argues. “We need to go further in fighting for them. This means not only advocating for an increase in tenured positions, but also fighting for parity pay and benefits for contingent faculty and instructors, achieving more professional treatment for contingent faculty and instructors, and extending peer review, shared governance and due process rights to cover all faculty and instructional staff. Contingent faculty and instructional staff need real academic freedom backstopped by real job protections and real rights.”

To achieve these goals, the AFT calls for several actions:

  • More campus discussions and forums about academic freedom and its importance.
  • More outreach to the public and policy leaders about why these principles matter.
  • An emphasis on negotiating protections for tenure and academic freedom in contracts.
  • Political activity, such as the FACE Campaign (for Faculty and College Excellence), designed to improve the treatment of adjuncts.

Scott Jaschik

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Comments

Interview with the Statement’s Author

An interview with Prof. Art Hochner, primary author of the statement, is available at Free Exchange on Campus (www.freeexchangeoncampus.org).

Craig Smith, at 8:20 am EDT on October 29, 2007

The ATF’s action points are sound. Several are urgent. Very few people outside of Academe understand the protections researchers and teachers need when they move into culturally, socially and politically controversial areas. Even technical and scientific fields have their mavericks. Corporate and industrial research, even at Nobel prize winning levels, is quite different. One also needs protection from threats internal to Academe. That few scholars actually come to the test is tenure’s success as well as testimony to widely shared professional standards, even in some cases a regrettable conformity. Still, while nothing like the McCarthy period is upon us, cases arise annually where the value of tenure, which is only trivially job protection, becomes quite clear. One only needs to browse awhile in the archives of The Chronicle of Higher Education to find them.

For adjuncts the problem lies in their tenuous positions. Unions committed to fighting for academic freedom, as covered in clear contracts, will help. An adjunct exploring controversial matters cannot then be fired in mid-contract for her research or teaching commitments. But what then? Serious research begins with questions, hunches, directions of inquiry; time matters; changes of direction occur, surprises arise, outcomes may be unexpected. That is why tenure protects researchers and teachers more effectively than serial contracts, unless those contracts are written in such as way as to preclude non-renewal except for “cause.” How many colleges and universities will go that route? Adjuncts mean economies and flexibility. Without economies — lower relative pay, fewer benefits or none — only flexibility remains, although that is a chimera of sorts, a drum to beat self-servingly in many cases.

John Hill, Professor at U. S. Naval Academy, at 8:45 am EDT on October 29, 2007

Standards for research

I note that, in the AFT statement, the only limits to research, “regardless of how controversial, unconventional or unsettling [its] subjects, methods and results,” are “professional and peer-driven standards.” There’s no discussion of legal, ethical, or cultural standards which tie the university to the broader culture. When academics set themselves apart and say to non-academics that “your standards don’t apply to me,” is it any wonder that the general public views the concept of academic freedom with suspicion?

Mike, at 9:45 am EDT on October 29, 2007

“Very few people outside of Academe understand the protections researchers and teachers need when they move into culturally, socially and politically controversial areas”

This is false. Identical cultural, social, and political controversies affect people who work in law, medicine, and politics, to name only a few examples.

JBM, at 9:45 am EDT on October 29, 2007

Defining freedom for non-union members

If there is so much concern about “academic freedom,” there is a $46,000,000,000.00 pile of financial capital to look to — TIAA-CREF.

Why doesn’t AFT use its members’ pension funds to establish the kind of institution that it claims is so superior? At least as an example? AFT-NYC is funding K-12 charters in Los Angeles — why not higher-ed?

Why not? Should not leadership lead from the front? And free others from a task that they have passed on?

L.L., at 10:15 am EDT on October 29, 2007

Changing Tenure

It’s always been the dilemma for advocates of academic freedom: do you try to get everyone on the tenure track, or do you try to increase the protections of faculty off the tenure track? Of course, the solution is to do both at the same time. The more protections for adjunct faculty, the less incentive a university has to get rid of tenure-track lines. I agree with the AFT that 7 years should not necessarily be the standard for tenure. For adjunct faculty, a tenure system should take only 3 or 5 years, since they are being evaluated on their teaching competence and not their research (which requires a longer trial period to demonstrate excellence). A shorter tenure period for adjuncts (similar to what unionized K-12 teachers get) would help protect academic freedom, would help adjuncts retain positions (since if their jobs were converted to traditional tenure-track positions, they might lose them), and would reduce the incentive to get rid of tenure-track faculty.

John K. Wilson, collegefreedom.org, at 11:15 am EDT on October 29, 2007

Exploring Versions of “Truth”

Education, in its best sense, is the search for and exploration of truth and of versions of truth. When teachers question truths accepted by a cultural majority or by an influential minority, some people feel these teachers should be punished. Is the USA the best nation in the world? Define “best.” What makes a book holy? Is The Lord of the Old Testament guilty of genocide? Did Jesus return from the dead? Is the Koran the word of God? Does capitalism exploit the poor and ignorant? Is anything good about socialism? Are Americans free? My high school teachers asked such questions, my college teachers, too, in disciplines as various as English, French, history, economics, philosophy, education, psychology, sociology, art, and more.

Bob Schenck, at 12:05 pm EDT on October 29, 2007

Academic freedom in developing countries

I as a pesticide environmental toxicologist in exile would like to comment on the very important issue: acdemic freedom in developing countries; About four years ago when I was leaving the university of Tehran (Iran) and my beloved country Iran I was observing: the breakdown of the whole academic system in a big country.The worst problem there was that some of supposed to be professors were adding to the problem in order to survive.

With best regards, Ahmad Mahdavi, Guelph, Ontario.biomahda@yahoo.ca

Ahmad Mahdavi, Dr at Sustainable agriculture and environment, at 12:05 pm EDT on October 29, 2007

For Mike: of course Academic disciplinary standards include legal and ethical considerations perhaps shared by many outside of Academe. Cultural values are something else again, requiring care and intelligent delineation if invoked in relation to research some would proscribe — as in stem cell research or the teaching of Darwinian and post-Darwinian evolution.

John Hill, at 1:25 pm EDT on October 29, 2007

Academic freedom, when convenient

Three years ago, while picketing in protest outside of a local Citadel of Censorship (Macomb Community College), I crossed another elderly gentleman expressing, via placard, his opinion of John Kerry, Democratic Party candidate du jour. During our brief chat, I asked this gentleman if he had heard of the English teacher chronically embroiled with College authorities over the ideas and words he employed while teaching. Yes, the gentleman said—he had vaguely heard about some jerk trying to follow his own agenda. I didn’t identify myself as the jerk in question, but I did ask him if he therefore agreed with the proposition that the State should set the agenda, as was the case in the former Soviet Union or in present day dictatorships, such as China or North Korea. The gentleman said the situations are not exactly the same. As of course they rarely are.

In America, as in every closet theocracy, there are two contradictory values touted simultaneously. One is the value of each individual, said to be created equal and endowed with inalienable rights. Under “liberty” is the idea of freedom of speech, enshrined in the First Amendment, which Congress shall not abridge. But Congress need not stoop to such transgression when another branch of government is eager to do the deed for it. I refer to the judiciary and its clever ruse called “community standards,” a powerful evisceration of any and every individual right or freedom. The whole point of the protection of the individual’s right to speak was to shield him from the crushing power of the majority, the “community.” Through its obvious shell game, the Supreme and inferior courts endorse individual freedom, except when they frequently don’t.

A similar piece of pious nonsense obtains in the academy. While asserting that the individual teacher has a right and even a duty to speak his or her mind, this is immediately qualified by insisting that every individual must exercise crowd-pleasing “responsibility.” There are, after all, “professional standards” to uphold, collegially agreed upon values that deviation from which must be warned against if suspected, and severely punished if found. Besides, if the community of professionals is derelict, the much bigger crowd outside the walls will extract its form of group therapy, group correction. If there are not judicious hangings by small cohorts, the larger, somewhat alien mass will hang them all.

This organized lack of trust, of belief in the individual’s integrity and commitment to the principles of liberal education, does now and always will engender virulent forms of hypocrisy. Zero tolerance for individuals, including the occasional maverick, reduces everyone to contemplation of the bayonet. The situation is very much like Miss Grundy making everyone stay after school when only one is suspected of violating her many rules. And this eagerness to conform is why so many holders of degrees in the liberal arts are palpable frauds. Like Meursault, I’d rather be executed by a howling mob of ignoramuses than have my throat slit by lackeys and cowards, handsomely arrayed in cap and gown.

John Bonnell, Professor of English at Macomb Comm. College, at 4:05 pm EDT on October 29, 2007

John Bonnell Posting

Um, excuse me Professor Bonnell: WHAT?

Sorry, I nodded off there. What a rant! Nooses and hangings, bayonets and slit throats. At least I caught the good part.

This professor, (I’m guessing) is embattled, surrounded, on the barricades, defending his right to teach English in a Politically Correct, Diverse environment, while Celebrating Difference and Empowering the Other, all the while championing the Victim and grappling with heartless Hegemonies. He, by some happy accident, is humane and enlightened, and all his enemies are evil. Works out nice that way.

I, in my simple-minded way, don’t see much of this exciting stuff. I try to teach my students to be clear, and to maintain a certain civilized doubt. We talk about literature and poetry. We criticize whatever comes in view, recognizing always that we only have our opinions, and that they might be wrong. I hope they leave this university a bit skeptical and reserved, wary of crowds and causes, inoculated against all orthodoxies.

I sense that you are a believer. Are you teaching your students that those who oppose what you believe are evil? Would you give them political and ethical certainties, so that we have more followers, soldiers and good party members who are sure they are right? Please consider that you could be wrong to do this to young people. Perhaps your critics are trying to tell you that?

E. Moran, at 5:50 am EDT on October 30, 2007

Academic Freedom

Reading the impassioned and diverse opinions expressed in these comments reinforces, in my mind, the necessity of academe doing more outreach to the public and policy leaders about why academic freedom and its importance matter. If we as educators are politically or commercially hamstrung in our freedom to express and discuss various points of view as we are doing here how can we as a society ever progress towards greater wisdom?

Jeffrey Solow, Professor of Cello at Temple university, at 8:20 pm EDT on October 30, 2007

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