If you're a college or university professor, we don't have to tell you that academic inquiry isn't a matter of sorting through objective facts. If it were, it wouldn't be “inquiry.” It's about thinking through propositions, considering points of view critically, and analyzing a wide variety of perspectives.  

And yet, politicians, school administrators, and the general public often expect that all of your utterances in your official capacity as an instructor and researcher should adhere to their particular conceptions of “right” and “wrong.”  

If you're facing sanctions for your academic discourse—something you wrote online or in a journal or something you said in the classroom that your school doesn't like—we can help. The Lento Law Firm works specifically in the field of Education Law. We work with faculty and students every day to ensure their schools treat them fairly. What can our Education Law Team do for you? Find out by calling 888-535-3686 or using our automated online form. 

Free Speech and Academics 

Let's be clear right from the start: there are limits to the First Amendment. As Supreme Court Justice Oliver Wendell Holmes explained, you cannot yell “fire” in a crowded movie theater without facing consequences. And professors have discovered in recent years that what they say isn't subject to absolute protection either. In November of 2023, for example, Collin College won the right to fire an instructor for criticizing its pandemic protocols.  

Criticizing the institution you work for, though, is significantly different from participating in genuine scholarly discourse within your field of expertise. Despite efforts by some politicians to curtail open discussion on topics like critical race theory, global colonial studies, and the Israeli-Palestinian conflict, such discussion is the very foundation of education and research. We do not make progress in any discipline without questioning received wisdom. We cannot teach students unless we can confront their easy assumptions and require that they think critically.  

Furthermore, the academic process is one in which scholars make assertions; other scholars question those assertions, and little by little, thought evolves. Suppose no one makes the initial claim—whether or not that claim is proven to be accurate—knowledge doesn't move forward. Had Galileo not insisted the sun was at the center of our solar system, despite opposition from the Catholic Church, we might still believe the sun revolves around the Earth. To hold academics to account for their academic assertions is to return to the Dark Ages. It is to close down the pursuit of knowledge altogether. 

Most institutions of higher education subscribe to this notion. Most go so far as to encode the principle of academic freedom into their policies. That doesn't mean administrators won't try to look for ways to get rid of professors whose opinions they disagree with. And it doesn't mean that schools won't sometimes try to label your legitimate discourse “dangerous hate speech.” It does mean, though, that you shouldn't allow them to get away with such tactics. 

Trust the Lento Law Firm 

A college or university shouldn't be able to fire you for doing your job. Professors don't have infinite latitude to say what they like, but neither do schools have total authority to dismiss faculty without just cause.  

There are times when we are forced to fight for the principles in which we believe, when asserting your right to legitimate academic inquiry is essential not just to your own progress as a scholar but to the fundamental project of education. If you're engaged in such a fight, the Lento Law Firm wants to help. We believe in what you do, and we believe you deserve the freedom in which to do it. More importantly, we have the background and experience to take on fights like these. We're focused on educational law, and we've spent our careers helping students and faculty take on their schools.  

The Lento Law Firm's Education Law Team is on your side. We're ready to stand up for you to make sure you're treated fairly and that you get the justice you deserve. For more information, call 888-535-3686 today or use the firm's automated online form.