The following broadcast message was sent out by the American Association of University Professors to its membership on November 10, 2009. It is reprinted in its entirety here for the convenience of S&W readers. – Eds.
The right of faculty members at public colleges and universities to speak freely without fear of retribution is endangered as never before.
In 2006, the U.S. Supreme Court ruled that the government can restrict the speech of public employees when they comment on issues related to their “official duties.” Although the decision specifically set aside academic speech, recognizing that additional constitutional interests were at stake, several lower courts have ruled recently that faculty members who speak out on matters affecting their institutions are not protected under the First Amendment.
To protect free speech on campus, AAUP has launched a campaign to raise awareness of this threat to faculty speech and to provide faculty, administrators and others with the tools to preserve academic freedom on campus.
“Speak Up, Speak Out: Protect the Faculty Voice on Campus” launches November 10 with the release of an AAUP report on the Supreme Court case and its implications. The report recommends a number of action steps, including adoption of specific policy language designed to protect academic freedom and shared governance.
In conjunction with the report, the AAUP is making available on our Web site a series of opinion columns and other materials that we encourage supporters of free speech at public colleges and universities to republish and disseminate.
Here’s what you can do. Find out whether your college or university has written policies that protect the full range of academic freedom. If not, urge your faculty senate and administration to work together to develop them. And if so, use the AAUP materials to reinforce their strength; collaborate with other groups on and off campus to conduct governance workshops, monitor emerging cases, and publicize successful actions; and support fellow faculty around the country in protecting academic freedom and shared governance.
See the full report for model policy language.
Read suggestions for other actions that faculty can pursue.
Hear Thomas Jefferson Center for the Protection of Free Expression director Bob O’Neil, AAUP senior counsel Rachel Levinson, and Virginia AAUP Conference president-elect Craig Vasey explain why faculty should be concerned about this issue (video).
The AAUP Online is an electronic newsletter of the American Association of University Professors.