Academic Freedom

Academic freedom is the foundation of academic excellence. As SCU Provost and Executive Vice President Jim Glaser affirmed in a recent statement, “colleges and universities are populated with experts, people who can and should inform how the issues of the day are considered and resolved by our political processes.” SCU's Equal Opportunity (Section III.F) and Title IX (Section III.G) policies underscore that "The University is dedicated to an uncompromising standard of academic excellence and an unwavering commitment to academic freedom, freedom of inquiry, and freedom of expression in the search for truth." 

Even in light of these affirmations, we in the Faculty Development office recognize that some faculty very understandably remain concerned about research and teaching their content areas in this climate. Part of the concern may surround lack of clarity about the protections of academic freedom, including where academic freedoms do and do not apply, and how they relate to First Amendment protections of freedom of expression. This digital resource draws on the insights of SCU faculty, such as Howard Schweber, legal scholar and visiting professor in SCU’s Law School, to provide an overview of academic freedom at SCU, as distinguished from freedom of expression, and provides some suggestions and resources for those whose areas of research and teaching bring them into regular contact with sensitive issues where these policies are most relevant. 

Academic Freedom versus Freedom of Expression

Academic freedom in the US, though never formalized through law, has long been acknowledged as a distinctive protection of the university. However, it is seldom closely considered or understood. While freedom of expression is a constitutionally guaranteed protection for individual citizens, who are protected in the expression of all but a small portion of restricted speech-acts, academic freedom is actually more specific and somewhat more narrowly construed as, to quote Howard Schweber, a “freedom of the institution, not the individual faculty member. It is the freedom for a college or university to be free from outside interference from political authorities.” 

So, what does this mean for individual faculty protections in research and teaching? 

On the level of an individual faculty member’s actions, academic freedom carves out special protections for scholarly practice in relation to relevant scholarly expertise (AAUP 1940). It is crucial to ensure that SCU is a place where all faculty are free to teach their subjects, even and especially sensitive and politicized subjects, without fear of reprisal. 

However, it is important we understand the limits of our protections as well. Academic freedom does not protect all speech by faculty, regardless of relevant expertise. The 1940 AAUP statement, which is generally accepted as an authoritative source on the subject, actually emphasizes the idea that faculty are held to special standards that both provide broad protections, when relevant, and impose certain restrictions on faculty speech:

“College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.”

It is important to emphasize that faculty members enjoy the greatest potential to invoke academic freedom protections when they are teaching content central to their subject matter. As reiterated in the Faculty Handbook (and with exceptions for JST faculty), academic freedom in the classroom and research is vital to furthering our commitment to the common good. Faculty are entitled to freedom in the classroom to discuss their subject, and that will sometimes—very appropriately—entail covering controversial topics central to class material. 

Academic leaders at SCU are engaging in dialogue about how to construct more affirmative protections of faculty rights, as outlined in Chapter 3 of the Faculty Handbook and the current Equal Opportunity (Section III.F) and Title IX (Section III.G) policies. In the meantime, to acknowledge the complex and challenging nature of enacting academic freedom in your courses, Faculty Development has compiled the following strategies from your colleagues to build a repository of resources and models that might guide how you think about the complex but crucial work of teaching about sensitive topics in your classroom, for those of you teaching in these areas. 

These statements and actions are not guarantees that a student or colleague would not take offense at faculty speech or report it. They create inroads into discussing this topic with students–the nature of academic freedom, faculty expertise, the ability to discuss issues without endorsing positions, and the importance of trust and openness within the classroom community. This conversation is a crucial teaching moment in itself. If you’re concerned about classroom climate and student retaliation about the sensitive topics you teach, the best protection may be creating space in the class to allow students to have these conversations *with you.* Here are some ways to do it: 

• Consider including a Syllabus Statement or disclaimer such as the ones shared by Sharmila Lodhia (Gender and Sexuality Studies). Including such a statement provides an inroad to discussions about this important topic with your students. 
• Create a section of your class compact that addresses academic freedom like the one from Mythri Jegathesan (Anthropology). A class compact with students in your course is a document that articulates a shared set of values and agreements for your work together. In this document, you can draw on foundational academic freedom policies and the university’s mission and values, both of which can allow your classroom community to deepen their understanding of any controversial issues that are critical to your course’s learning objectives and their relationships with one another and you as a professor. 
• Review foundational documents, like the Provost’s statement on academic freedom and the Academic Freedom and Freedom of Speech sections of the Equal Opportunity (Section III.F) and Title IX (Section III.G), together with students or with faculty colleagues in a department meeting.

More Resources: 

• Review the updated Equal Opportunity / Title IX Policy on Discrimination, Harassment, and Retaliation (Updated Aug 1, 2024), particularly the section on Academic Freedom and Freedom of Speech.
• Refer to the Freedom of Speech and Academic Freedom primer, developed by Howard Schweber, for more extended discussion of the distinctions between these protections.
• Contact your department chair, Dean, or Vice Provost Kate Morris for confidential support and advice about concerns about academic freedom.

Contact Faculty Development (facultydevelopment@scu.edu) to share your own teaching strategies or resources related to Academic Freedom, or to request additional resources or support (for yourself or on behalf of your department) to understand academic freedom protections regarding your course materials and research practices.