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http://ssrn.com/abstract=1201362
 
 

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The Emergence of First Amendment Academic Freedom


R. George Wright


Indiana University Robert H. McKinney School of Law

2007

Nebraska Law Review, Vol. 85, No. 3, 2007

Abstract:     
The idea of a constitutionally protected realm of academic freedom is controversial and judicially unsettled. With their most protective rhetoric, courts have referred to "the robust tradition of academic freedom in our nation's post-secondary schools." The Supreme Court has proclaimed that our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom. Beyond the strands of supportive rhetoric, however, lies much current controversy and uncertainty. One court has observed that "academic freedom" is a term that is often used, but little explained, by federal courts." Academic freedom is largely unanalyzed, undefined, and unguided by principled application, leading to its inconsistent and skeptical or questioned invocation.

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Date posted: August 4, 2008 ; Last revised: February 20, 2012

Suggested Citation

Wright, R. George, The Emergence of First Amendment Academic Freedom (2007). Nebraska Law Review, Vol. 85, No. 3, 2007. Available at SSRN: http://ssrn.com/abstract=1201362

Contact Information

R. George Wright (Contact Author)
Indiana University Robert H. McKinney School of Law ( email )
530 West New York Street
Indianapolis, IN 46202
United States

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