Free Speech and Academic Freedom (7/5/2005)

One of our most precious freedoms, freedom of speech, is under attack! Some zealots seek to undermine the intent of our U.S. Constitution’s First Amendment—that Congress shall make no law…abridging the freedom of speech. They want to silence speech and ideas with which they disagree. Their attacks include attempts to smear those who question current U.S. administration policies as traitors; to eliminate basic science from the education curricula; and to curtail academic freedom.

Sadly, many Americans are ignorant about our First Amendment rights or think that the Amendment goes too far. A recent Chicago Tribune editorial says that in a survey taken last year by the Freedom Forum, only one out of 100 people could name all five of the rights in the First Amendment; a third couldn’t name one right; and 20% said critical reports about a war should not be allowed.

Throughout our history, free speech has come under attack. During war times, our country’s leaders have exploited public fears for partisan politics and sought to repress disagreement by calling questioners disloyal. Thomas Franks, in his book “What’s The Matter With Kansas,” describes efforts in 1855 to silence those opposed to slavery: the pro-slavery side organized an invasion of Kansas (from Missouri) and the election—at gunpoint in many places—of a bogus legislature; slavery was legalized in the new territory and protected by law from criticism; holding anti-slavery views was a felony; bringing any publication into the territory that might cause slaves to think they shouldn’t be slaves was a capital crime; and those who doubted any of this were deprived of the right to vote. Franks adds that the Kansas pro-slavery side was officially recognized by the U.S government and supported by an armed force in the state.

Today, an insidious movement is taking place in our state legislatures to make professors afraid to raise controversial issues in college classrooms. Politics is dictating course content. USA Today reports in a May 18 article that, in at least 14 states, lawmakers have introduced bills to limit what instructors can discuss in class and establish grievance procedures for students who take offense. For example, a bill in the Ohio legislature would bar faculty from "introducing controversial matter into the classroom or coursework that has no relation to their subject of study and that serves no legitimate pedagogical purpose” (and would require colleges and universities to create) “a grievance procedure by which a student, faculty member, or instructor may seek redress for an alleged violation.." A similar resolution also has been introduced in the U.S. House of Representatives.

Conservatives, who, in principle, claim to oppose expansion of government, support this type of legislation. One said, "a state law would provide an avenue of recourse when a student feels victimized on the basis of political belief…if the state had a law then someone from the state could step in.." Free speech advocates see it as a threat to an education that depends on "free, fearless discussion of ideas. The state shouldn’t have to get involved. That would compromise the openness of the institution if there were these guidelines hanging over everyone’s heads.."

Free speech is crucial to a free country, and academic freedom is necessary for quality scholarship and education. Yet, the legislative strategy is to create a litigious and big brother environment to curtail free speech. Will discussions be held that might generate disagreement, particularly if they concern our government and its policies? A hostile climate is likely to intimidate professors from introducing any material that may cause debate. Will attacks on free speech prevail? Will education be designed to expand government power –to indoctrinate, rather than enlighten, citizens? Is our free, democratic society in danger?

- Judith Kohler

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