Resources

FREE SPEECH ZONES

SOCIAL MEDIA CENSORSHIP

STUDENT MEDIA AND ADVERTISING RESTRICTIONS

STUDENT MEDIA AND PRIOR RESTRAINT OF EDITORIAL CONTENT

LIBEL, INVASION OF PRIVACY AND OTHER TORTS

  • Rose v. Koch, 1966, was a Minnesota state libel case described in Arnold M. Rose, Libel and Academic Freedom, University of Minnesota Press, 1968. The case was brought, unsuccessfully, by the author who was then a professor at the University of Minnesota and who was falsely labelled a communist by right-wing extremists.
  • A new North Carolina law prohibits the creation of false Facebook pages. Texas also has an “online impersonation” law. 

Academic freedom and faculty

FREE SPEECH

AAUP POLICIES

INTELLECTUAL PROPERTY / COPYRIGHT ISSUES

University critics

FREEDOM OF INFORMATION ACT (FOIA) LAWSUITS

IDEOLOGICAL BALANCING AS ACADEMIC “FREEDOM”

  • A series of so-called ‘Academic freedom’ bills introduced between 2004 – 2008 to require ideological balancing in universities was not, in effect, a movement to enhance academic freedom. Instead, the idea was to apply a litmus test of ideology to faculty and then determine the appropriate balance of the numbers of faculty within a university, with the apparent intent of dismissing those who did not meet certain ideological criteria. The bills were unworkable in practice and Constitutionally unprincipled.
  • Trustees should push universities to the right According to Bruce Chapman writing for the Discovery Institute, American universities are dominated by left-wing academics who don’t teach the arguments against global warming or in favor of creationism and neo-Darwinism. Chapman says: “Since the Left now dominates the faculties of almost all universities and the faculties have a domineering attitude towards the Administrations of those schools, outsiders like the American Council of Trustees and Alumni that want to see trustees take up the responsibilities that are legally entrusted to them (that is why they are called “trustees,” right?), must be stonewalled, and then anathematized.”

Organizations engaged in First Amendment and Higher Education issues

Books and law reviews

  • Paul Horwitz, “Universities as First Amendment Institutions: Some Easy Answers and Hard Questions, 54 UCLA Law Review 1497 (2007)
  • The Contradictory Messages of Rehnquist-Roberts Era Speech Law: Liberty and Justice for Some By David Kairys, Temple University – Beasley School of Law, 2010 / 2012.
  • FIRE guide to free speech on campus (PDF / online publication)
  • Arnold M. Rose, Libel and Academic Freedom, University of Minnesota Press, 1968. Argues that private individuals should not be subject to extremist political harassment. This argument is recognized in the 1973 Gertz v. Welsh case which separates public and private figures and makes libel suits much more difficult to defend when private people (such as lawyers or others) who have avoided the public arena are attacked as public figures.