Academic Freedom

Sweezy v. New Hampshire (1957) stands as the first U.S. Supreme Court case to expound upon the concept of academic freedom though some earlier cases mention it.

Most constitutional academic freedom issues today revolve around professors’ speech, students’ speech, faculty’s relations to government speech, and using affirmative action in student admissions.

Although academic freedom is regularly invoked as a constitutional right under the First Amendment, the Court has never specifically enumerated it as one, and judicial opinions have not developed a consistent interpretation of constitutional academic freedom or pronounced a consistent framework to analyze such claims.

Bishop v. Aronov (11th Circuit Court) (1991)

The 11th U.S. Circuit Court of Appeals upheld the University of Alabama’s
actions to stop a professor from interjecting religious views in a
physiology class in Bishop v. Aronov.

Cohen v. San Bernardino Valley College (9th Cir.) (1996)

In Cohen v. San Bernardino Valley College (9th Cir. 1996), a court said the
sexual harassment policy of a college was too vague and violated the First
Amendment.

Keyishian v. Board of Regents (1967)

In Keyishian v. Board of Regents (1967) was an important decision by the
Supreme Court for the concept of academic freedom as a constitutionally
protected value.

Sweezy v. New Hampshire (1957)

Sweezy v. New Hampshire (1957) overturned a contempt citation of professor
who refused to disclose the contents of a speech. The Court said First
Amendment freedoms were at stake.

University of Pennsylvania v. EEOC (1990)

University of Pennsylvania v. EEOC (1990) found that disclosure of
documents related to tenure decisions did not infringe on First Amendment
academic freedom.

Academic Freedom

Happy birthday to us – on the day that cleared a road to freedom

Memorial Day: Honoring those who gave all for our freedoms

White House Correspondents’ Dinner: levity, gravity, and a toast to the First Amendment

The origins of academic freedom in the U.S.