Social Justice Education, Academic Freedom, and the First Amendment

Abstract:

Academic freedom provides an anchor for the fundamental values of American democracy. It embodies the basic principle that freedom of knowledge for educational institutions, faculty, and students is essential to the progress of modern society through the discovery of truth and development of free and informed citizens. Academic freedom is a necessary feature of the cherished rights to freedom of thought and expression protected by the First Amendment. It is a logical extension of the constitutional recognition of freedom of thought, analysis, and debate within the context of higher education. The courts have recognized academic freedom as a basic right of intellectual inquiry and expression that enables the academic community to examine the veracity of ideas, facts, and theories. The university classroom serves as an open marketplace for the discovery of the most fruitful and truthful ideas. The constitutional right to academic freedom allows colleges and professors to decide for themselves who may teach, what subjects should be taught, how courses should be taught, and what scholarship should be pursued. The recent passage of content-based laws banning the teaching of topics related to race and gender violates the First Amendment by using political orthodoxy to undermine the intellectually honest search for knowledge and development of democratic citizenship.

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