Blog

New Book Argues for Less Academic Freedom

Posted by Joseph D. Lento | Aug 09, 2022 | 0 Comments

To see the highly politicized nature of our society, look no further than our college campuses. While colleges and universities are hotbeds for new thought, they can also be a battleground for examining old ideas through fierce debate. And it's not just students who want their opinions heard—professors are often at the center of controversy.

Historically, the First Amendment has done a lot to protect professors' free expression on controversial topics. As our political climate gets more and more fraught, some folks are re-thinking just how far the First Amendment should go in protecting professors' free expression.

Professors Disciplined for Controversial Viewpoints

In the past decade, the news has been peppered with stories of professors who have been embroiled in controversy or even disciplined for expressing certain viewpoints. In a famous 2007 case, a tenured professor was fired from the University of Colorado, Boulder, after he wrote an essay blaming U.S. foreign policies for the terrorist attacks on 9/11. More recently, professors citing their religious beliefs have been disciplined for failing to use transgender students' preferred pronouns. Last year, a Georgetown law professor was fired for her comments during a Zoom call that she was frustrated that “a lot” of her “lower students” were black.

Universities Focused on Inclusion

In the wake of today's cultural reckonings, many universities are focused on creating inclusive campuses where all students feel welcome.

But how do professors' First Amendment rights collide with a university's desire to create an inclusive environment and tamp out what many see as hateful speech? Should a professor have the academic freedom to deliver a lecture denouncing certain races or sexual orientations? Should a professor have the academic freedom to harshly criticize the government's response to crises (like the response to COVID-19, for example)?

New Book Argues the First Amendment Should Not Protect Certain Speech

In their new book, professors Michael Bérubé and Jennifer Ruth argue that colleges and universities should adopt academic freedom policies that restrict hateful speech on campus. In It's Not Free Speech: Race, Democracy, and the Future of Academic Freedom, Bérubé and Ruth argue that academic freedom should not extend to professors who espouse racist views. For them, the soundness of a faculty member's viewpoint should be judged by a jury of her peers. For instance, a believer in flat-Earth theory is not fit to be a geology professor. It follows, they say, that a believer in theories of racial or cultural hierarchy should not be teaching political science.

The Strength of the First Amendment

What the book misses is just how strong our county's First Amendment protections are. The First Amendment has long protected downright awful speech. It is part of the fabric of our nation. Universities are fertile grounds for the exchange of ideas, and the First Amendment protects the flow of those ideas. The fact that some ideas may be detestable to some audiences is precisely the reason the First Amendment is so important.

Moreover, restrictions on speech can have unintended consequences. If a university can restrict speech it deems hateful, then what's to stop a university from restricting a lecture with an honest telling of the events leading to the civil war? Or from limiting a professor's criticism of the U.S.'s involvement in world politics or controversial domestic issues?

Speech needs to be protected from government interference, even if the cost of that freedom is that we have to hear some unpleasant or even horrific viewpoints from time to time.

How to Protect Your Free Speech Rights

If you are a faculty member at a college or a university and you have questions regarding your free speech rights, contact Joseph D. Lento. He can explain the legal options available to ensure your free expression on campus. Call the Lento Law Firm now at 888.535.3686 or reach out online.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. In various capacities, the Lento Law FIrm Team can help you or your student address any school-related issue or concern anywhere in the United States.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu