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Quest cannot be barricaded…
In The Words Of Masters…
               “Logic will get you from A to B. Imagination will
                            take you everywhere.”

              “It is the supreme art of the teacher to awaken joy
                      in creative expression and knowledge.”

                                        -ALBERT EINSTEIN




      •         “The mind, sharp but no broad, sticks at every
          •              point but does not move.”
              “God’s silence ripens man’s thought into speech”

                                    -RABINDRANATH TAGORE
Preview…
•   Academic Freedom – A belief                      institutional Academic Freedom rights
•   Conflict in Definition                       •   Controversies of Academic Freedom
•   Rationale                                    •   Academic Freedom in India
•   Importance of Academic Freedom                    – The Kazhikode Case
•   American Association of University                – Academic Freedom – India v/s West
    Professor                                         – Affiliation and Academic Freedom
•   Academic Freedom – What it does do and            – The real scenario and threats of
    doesn’t                                               Academic Freedom in India
•   Academics for Academic Freedom (AFAF)        •   Conclusion
•   Academic Freedom rights for                  •   References
    Faculty, Institution and Students
•   Academic Freedom – Around the World
     – France, Germany, Philippines, South
         Africa, United State
•   1940 Statement of Principle on Academic
    Freedom and Tenure
•   Is Tenure is necessary to protect Academic
    Freedom
•   Conflict with implementation and
Academic Freedom – A Belief



   Academic Freedom, is the freedom of
    teachers     and     students   to
    teach, study, and pursue knowledge
    and research without unreasonable
    interference or restriction from
    law, institutional regulations, or
    public pressure.
Conflict of Definition…

           The term, “Academic Freedom” tends to be
           difficult to define because its technical
           definitions come from preferred educational
           custom       and     practice      (professional
           norm),     faculty   contracts     (professional
           norm), and from legal findings related to
           constitutional and contract law (legal norm).

           In its everyday usage, its definition is more
           likely to come from the folkways and
           mythology that often define the educational
           culture.
Rationale…
  Proponents of academic freedom believe the freedom of inquiry by
  students and faculty members is essential to the mission of the
  academy. They argue that academic communities are repeatedly
  targeted for repression due to their ability to shape and control the
  flow of information. When scholars attempt to teach or communicate
  ideas or facts that are inconvenient to external political groups or to
  authorities, they may find themselves targeted for public
  vilification, job loss, imprisonment, or even death.
  In North Africa, a professor of public health discovered that his
  country's infant mortality rate was higher than government figures
  indicated. He lost his job and was imprisoned.
Importance of Academic Freedom…


  • Essential to the mission of the academy
  • Without protection, academic communities are
    repressed for their ability to shape knowledge
     – According to a reflection by Robert Quinn, historically, the
       power to shape knowledge is a source of power. Authorities
       have sought to control societies by controlling scholars
  • We should care about increasing the quality and
    flow of information and understanding in the
    world (academic freedom and scholarship
    promotes these goals)
American Association of University Professors (AAUP)


                      According to AAUP,

      ―…institutions of higher education
      are conducted for the common good
      and not to further the interest of
      either the individual teacher or the
      institution as a whole. The common
      good depends upon the free search
      for truth and its free exposition."
Academic Freedom – What it does do…
• Both faculty members and students can engage in intellectual debate without
  fear of censorship or retaliation.
• Establishing a faculty member‘s right to remain true to his or her pedagogical
  philosophy and intellectual commitments. It preserves the intellectual
  integrity of our educational system and thus serves the public good.
• Both faculty members and students can make comparisons and contrasts
  between subjects taught in a course and any field of human knowledge or
  period of history.
• Academic freedom gives both students and faculty the right to express their
  views — in speech, writing, and through electronic communication, both on
  and off campus — without fear of sanction.
• Academic freedom gives both students and faculty the right to study and do
  research on the topics they choose and to draw what conclusions they find
  consistent with their research, though it does not prevent others from judging
  whether their work is valuable and their conclusions sound.
• Political, religious, or philosophical beliefs of politicians, administrators, and
  members of the public cannot be imposed on students or faculty.



   cont….
Academic Freedom – What it does do…
                                                                               …cont
•   Academic freedom gives faculty members and students the right to seek
    redress or request a hearing if they believe their rights have been violated.
•   Academic freedom gives faculty members and students the right to challenge
    one another‘s views, but not to penalize them for holding them.
•   Academic freedom protects a faculty member‘s authority to assign grades to
    students, so long as the grades are not capricious or unjustly punitive. More
    broadly, academic freedom encompasses both the individual and institutional
    right to maintain academic standards.
•   Academic freedom gives faculty members substantial latitude in deciding
    how to teach the courses for which they are responsible.
•   Academic freedom guarantees that serious charges against a faculty member
    will be heard before a committee of his or her peers. It provides faculty
    members the right to due process, including the assumption that the burden
    of proof lies with those who brought the charges, that faculty have the right to
    present counter-evidence and confront their accusers, and be assisted by an
    attorney in serious cases if they choose.
Academic Freedom – What it doesn’t do…
 • Academic       freedom     does     not     mean    a    faculty   member      can
   harass, threaten, intimidate, ridicule, or impose his or her views on students.
 • Academic freedom does not deny faculty members the right to require students
   to master course material and the fundamentals of the disciplines that faculty
   teach.
 • Academic freedom thus does not grant an unqualified guarantee of lifetime
   employment.
 • Academic freedom does not protect faculty members from colleague or student
   challenges to or disagreement with their educational philosophy and practices.
 • Academic freedom does not protect faculty members from non-university
   penalties if they break the law.
 • Academic freedom does not give students or faculty the right to ignore college
   or university regulations, though it does give faculty and students the right to
   criticize regulations they believe are unfair

                                                       cont…..
Academic Freedom – What it doesn’t do…

 • Academic freedom does not protect students or faculty from disciplinary
   action, but it does require that they receive fair treatment and due process.
 • Academic freedom does not protect faculty members from sanctions for
   professional misconduct, though sanctions require clear proof established
   through due process.
 • Academic freedom does not protect a faculty member from investigations
   into allegations of scientific misconduct or violations of sound university
   policies, nor from appropriate penalties should such charges be sustained in
   a hearing of record before an elected faculty body.




    Source: AAUP Policy Documents & Reports.
Academics For Academic Freedom - AFAF

    According to AFAF,

    Academic Freedom has two main principles:

    • ―..that academics, both inside and outside the
      classroom, have unrestricted liberty to question and
      test received wisdom and to put forward controversial and
      unpopular opinions, whether or not these are deemed
      offensive.
    • ..that academic institutions have no right to curb the
      exercise of this freedom by members of their staff, or to use
      it as grounds for disciplinary action or dismissal.‖
Faculty Academic Freedom Rights…


     ―Teachers are entitled to freedom in the
     classroom in discussing their subject, but
     they should be careful not to introduce
     into their teaching controversial matter
     that has no relation to their subject.
     Limitations of academic freedom because
     of religious or other aims of the institution
     should be clearly stated in writing at the
     time of the appointment,‖ (AAUP 1940).
Institutional Academic Freedom…


   • The curriculum belongs to the
     institution, not the faculty.
   • The institution can demand certain
     standards of teaching and evaluate
     the faculty against those standards.
   • The admission process belongs to the
     institution, not the faculty.
Student Academic Freedom…

    Professional  Norm:    AAUP    Joint
    Statement on Rights and Freedoms of
    Students.
    “The professor in the classroom should
    encourage free discussion, inquiry and
       expression. Student performance
    should be evaluated solely on academic
      basis, not on opinions or conduct in
         matters unrelated to academic
                   standards.”
Student Academic Freedom…


   In the classroom, student speech is protected if:

   – Pertinent to classroom discussion and subject matter
   – Not expressed in a disruptive manner
                   OR
   – Silent
   – Passive
   – Non-disruptive
In France…

     The academic freedom of university professors is a
     fundamental principle recognized by the laws of the
     Republic, as defined by the Constitutional Council;
     furthermore, statute law declares about higher
     education that:

         ―…teachers-researchers (university professors and
       assistant professors), researchers and teachers are fully
        independent and enjoy full freedom of speech in the
      course of their research and teaching activities, provided
        they respect, following university traditions and the
        dispositions of this code, principles of tolerance and
                              objectivity."
In Germany…


          The German Constitution
      (Grundgesetz) specifically grants
              academic freedom:
        "Art and science, research and
        teaching are free. Freedom of
       teaching does not absolve from
      loyalty to the constitution" (Art.
                  5, Para. 3).
In the Philippines…




       The 1987 Philippine Constitution
                 states that,
        "Academic Freedom shall be
     enjoyed in all institutions of higher
                 learning."
In South Africa…

         Section 16 of the 1996 Constitution
      of South Africa offers specific protection
               to academic freedom.

      However there have been a large number
      of scandals around the restriction of
      academic freedom at a number of
      universities with particular concern being
      expressed at the situation at the University
      of KwaZulu-Natal.
In the United States…
    In the United States, academic freedom is generally taken as the
    notion of academic freedom defined by the "1940 Statement of
    Principles on Academic Freedom and Tenure," jointly authored by
    the American Association of University Professors ("AAUP") and
    the Association of American Colleges (AAC) (now the Association
    of American Colleges and Universities).

    These principles state that-
    "Teachers are entitled to freedom in the classroom in discussing
    their subject.“
    The statement also permits institutions to impose-
    "limitations of academic freedom because of religious or other
    aims," so long as they are "clearly stated in writing at the time of
    the appointment.”

    cont….
In the United States…
     Academic freedom for colleges and universities
     The Supreme Court of the United States said that academic freedom
     means a university can "determine for itself on academic grounds:
 •   who may teach,
 •   what may be taught,
 •   how it should be taught, and
 •   who may be admitted to study.―

     In a 2008 case, a Federal court in Virginia ruled that professors have
     no academic freedom; all academic freedom resides with the
     university or college. In that case, Stronach v. Virginia State
     University, a district court judge held "that no constitutional right to
     academic freedom exists that would prohibit senior (university)
     officials from changing a grade given by (a professor) to one of his
     students."
1940 Statement of Principles on Academic Freedom and Tenure


           ACADEMIC FREEDOM
 Teachers are entitled to full freedom in research and in the publication of the
  results, subject to the adequate performance of their other academic duties; but
  research for pecuniary return should be based upon an understanding with the
  authorities of the institution.
 Teachers are entitled to freedom in the classroom in discussing their subject, but
  they should be careful not to introduce into their teaching controversial matter
  which has no relation to their subject. Limitations of academic freedom because
  of religious or other aims of the institution should be clearly stated in writing at
  the time of the appointment.
 College and university teachers are citizens, members of a learned
  profession, and officers of an educational institution. When they speak or write
  as citizens, they should be free from institutional censorship or discipline, but
  their special position in the community imposes special obligations.
1940 Statement of Principles on Academic Freedom and Tenure




        ACADEMIC TENURE
     After the expiration of a probationary
     period, teachers or investigators should have
     permanent or continuous tenure, and their service
     should be terminated only for adequate
     cause, except in the case of retirement for age, or
     under extraordinary circumstances because of
     financial exigencies.
Tenure

      The American Association of University Professors, in a
      famous 1940 Statement of Principles on Academic Freedom
      and Tenure, declared:

   "Tenure is a means to certain ends, specifically:
   (1) Freedom of teaching and research and of extramural
       activities, and
   (2) A sufficient degree of economic security to make the
       profession attractive to men and women of ability.
       Freedom and economic security, hence tenure, are
       indispensable to the success of an institution in fulfilling
       its obligations to its students and to society."
Interpretation…

    • Institutions can ‗limit‘ academic freedom for religious or
      other beliefs as long as it was explicitly stated in writing at
      the time of appointment

    • Teachers need to avoid controversial issues that are not
      related to the subject being taught

    • In public, teachers and others of authority must indicate
      that what is being said is their personal opinion and does
      not represent the institution that they are affiliated with
          The authority to define and enforce
        academic freedom lies with the institution
Is Tenure Necessary to Protect Academic Freedom?

• From an intrinsic perspective, tenure safeguards the freedom of faculty
  members to speak, write, and associate however they choose.
• Tenure is a key mechanism for protecting academic freedom. Once a faculty
  member receives tenure, he or she cannot be subjected to adverse employment
  action, such as firing, without proof of cause.
• By limiting the ability of the university to fire or otherwise take adverse actions
  against faculty members, tenure provides protection for faculty members to
  teach and write as they choose.
• tenure offers both procedural and substantive protections.
  Procedurally, tenure means that a faculty member has continuing employment
  unless the university initiates an action against the faculty member and
  succeeds in proving "cause" for termination.
  Substantively, tenure means that the only specific, narrowly defined
  circumstances will constitute "cause" sufficient for termination or other adverse
  employment actions. Although the definition of "cause" varies by university, in
  general, there must be serious violations of the law or of principles of academic
  honesty to meet the standard.
Conflict with Implementation…




There are three groups that SHARES academic freedom protections-
  1. The faculty.
  2. The institution.
  3. The students.
  Conflict often arises where these groups intersect.
Conflict with Institutional Academic Freedom

• Institutions reserve the right to determine
    –   Who may teach
    –   Who may be taught
    –   How it shall be taught
    –   Who many be admitted to study
        (Regents of the Univ. of Californav. Bakker, 438 U.S. 265, 312 (1978)

• Piarowski (1985) shows a conflict between individual and institutional
  academic freedom
   – Faculty member was asked to move his sexually explicit art display from a
      gallery in a heavily traveled area to a less traveled area
   – Court ruled that a college can regulate the display of explicit material
• Johnson-Kurekv. Abu-Absi (2005) support the concept that the
  institution has the right to designate how classes are taught and what
  grades were issued. First amendment protects the individuals right to
  their belief in pedagogy but not their right to actually do it.
Controversies…
 “The Bassett Affair”:

   In October 1903, Professor John Bassett publicly
   praised Booker T. Washington and drew attention to the
   racism and white supremacist behavior of the
   Democratic, to the disgust of powerful white Southerners.
   Many media reports castigated Bassett, and many major
   newspapers published opinion pieces attacking him and
   demanding his termination. On December 1, 1903, the entire
   faculty of the college threatened to resign en masse if the
   board gave into political pressures and asked Bassett to
   resign.

   President Teddy Roosevelt later praised Bassett for his
   willingness to express the truth as he saw it.
Controversies…
  “Living Together”:

  In 1929, Experimental Psychology Professor Max Friedrich
  Meyer and Sociology Assistant Professor Harmon O.
  DeGraff were dismissed from their positions at
  the University of Missouri for advising student Orval
  Hobart Mowrer regarding distribution of a questionnaire
  which inquired about attitudes towards divorce, "living
  together", and sex. The university was subsequently
  censured by the American Association of University
  Professors (AAUP) in an early case regarding academic
  freedom due a tenured professor.
Controversies…
 “Little Eichmann”:

   In the aftermath of the September 11, 2001 attacks, some
   public statements made by some university faculty were
   criticized. Most prominent among these were these
   comments made in January 2005 by University of
   Colorado professor Ward Churchill. He published an essay
   in which he asserted that the attack on the United
   States, while unjustified, were provoked by American
   foreign policy. On news and talk programs, he was
   criticized for describing the World Trade Center victims as
   "little Eichmann", a reference to Hannah Arendt‘s Eichmann
   in Jerusalem. The university fired Churchill in 2007.
   Churchill successfully filed a law suit for unlawful
   termination of employment.
Controversies…
  “Strike”:

  In 2006 trade union leader and sociologist Fazel
  Khan was fired from the University of KwaZulu-
  Natal in Durban, South Africa after taking a
  leadership role in a strike. In 2008 international
  concern was also expressed at attempts to
  discipline two other academics at the same
  university - Nithiya Chetty and John van der Berg
  - for expressing concern about academic freedom
  at the university
Justice Speaks…

   • "Teachers and students must always remain free to
     inquire, to study and to evaluate, to gain new maturity
     and understanding; otherwise our civilization stagnate
     and die.”

   • “To impose any strait jacket upon the intellectual
     leaders in our colleges and universities would imperil
     the future of our Nation.”

      –Chief Justice Earl Warren (Sweezy, 1957)
Justice Speaks…

  "The essentiality of freedom in the community of
  American universities is almost self-evident. . . . To
  impose any straitjacket upon the intellectual leaders in
  our colleges and universities would imperil the future
  of our nation. No field of education is so thoroughly
  comprehended by man that new discoveries cannot yet
  be made. . . . Scholarship cannot flourish in an
  atmosphere of suspicion and distrust. Teachers and
  students must always remain free to inquire, to study
  and to evaluate, to gain new maturity and
  understanding; otherwise our civilization will stagnate
  and die.“

  - Chief Justice Earl Warren
Academic Freedom In India




                   INDIA
Indian Perspective…

   Part III - Fundamental Rights' is a charter
   of rights contained in the Constitution of
   India. It guarantees civil liberties such that
   all Indians can lead their lives in peace and
   harmony as citizens of India. These
   include individual rights common to
   most liberal democracies, such as equality
   before        law,         freedom          of
   speech and expression, and peaceful
   assembly, freedom to practice religion.
The Kozhikode Case…
  KOZHIKODE:
  M V Narayanan, professor and head, department of English has
  moved the high court against the vice-chancellor alleging harassment
  on four counts, including the issuing of a memo for conducting a
  national seminar on translation organized in association with the
  National Book Trust.
  Another professor has also been served the memo last month for
  speaking to the media. Teachers say that the authoritarian restrictions
  on freedom of thought, speech and action have put academic freedom
  in danger at the varsity.
  "These memos are only a ploy to intimidate all those who have a
  different opinion on the state of affairs at the varsity. Knowledge
  creation and academic pursuits will not happen in an atmosphere
  where      academic       freedom   is    stifled,"   said     K      P
  Muraleedharan, professor, dept of commerce and management
  studies.
The Kozhikode Case…
  Employee unions claim that taking part in a protest march or even
  speaking to the media is all that is needed to get a show-cause memo. "In a
  varsity with around 1,400 administrative staff, already around 700 memos
  have been issued with many getting more than one memo. It is strange
  that the authorities have gone to the extent of constituting a separate
  section at the administrative wing just to serve memos and make follow-
  ups on disciplinary proceedings," said Calicut University Employees
  Union general secretary S Sadanandan.
  Narayanan, who filed the writ petition under article 226 of the
  Constitution, said the varsity had served a memo alleging that the
  national seminar on 'Politics of Translation' conducted by the department
  didn't have proper permission.
  The petition seeks a directive to the vice-chancellor not to obstruct
  Narayanan from undertaking and discharging his bonafide academic
  responsibilities and pursuits as envisaged in the CU Act and Statutes, and
  as laid down by the policies of the UGC.
“The Hindu” speaks…

     ―There is need for evolution of policies that
     recognize the changes in the landscape of higher
     education in India. While the legal and
     institutional framework for protecting the
     freedom of speech and expression in India is
     sound along with an independent judiciary that
     can enforce the fundamental rights, there are
     certain aspects of political culture, religious
     intolerance and cultural dogmatism that pose
     challenges to the protection of academic
     freedom.‖
Academic freedom – India v/s West
It is difficult to draw parallels between academic freedom in the west and in
India as their educational processes and advancements vary widely.
West has a history of private education, impelled and conditioned by the
philosophy of educational service to society, and many educational institutions
are private and self-regulating. India does not have such history. Its education
system is mostly a bureaucratic appendage of the state.
Educational advancements in India are incomparably lower than in the west.
India‘s gross enrolment ratio (GER) for higher education (tertiary or degree-
level) is between 9 per cent and 11 per cent of the population in the relevant age
group. Going by UNESCO statistics, the GER in developed countries is between
44 per cent (Switzerland) and 86 per cent (Finland).

GER in developed countries and India, 2001
Source: UNESCO Institute for Statistics, World Education Indicators.
   Enrollment              Developed Countries                      India
     Level          Total     Male    Family GPI     Total   Male      Family GPI
 Primary            100.6     100.7   100.6   1.00   98.1    106.0     89.7   0.85
 Secondary          105.9     104.7   107.2   1.02   50.3    57.5      42.5   0.74
 Tertiary           54.6      39.5    70.1    1.8    11.4    13.4      9.3    0.70
Affiliation and Academic Freedom

At the all-India level about 90 per cent of under-graduate and 66 per cent of post-
graduate students are in affiliated colleges and only the rest are in university
departments and constituent colleges. Of the research students 91 per cent are in
universities. As many of the colleges lack facilities, they do not have academic
freedom for teaching and research. As affiliation is seen as an affliction and a
systemic malaise, of late there has been increasing demand to do away with it.
As the majority of students and teachers are in affiliated colleges where the
foundations of higher education are laid, in order to place higher education on a fast
track, the most important need is to foster these institutions by ensuring equity and
fairness in intake, by strengthening basic and infrastructure needs including, and
especially of qualified teachers, and by grounding these institutions in disciplinary
diversity and excellence in quality. In the absence of these measures any discussion
of academic freedom in the context of most of these colleges is inane.
To provide academic freedom to potential colleges, the UGC has been granting
autonomous status. Granting autonomy is an important measure of fostering quality
education and academic freedom.
THE REAL SCENE


  • c
Lack of Academic Freedom – The Real Scene

     India has hardly any academic freedom. This is because the
      various choices which the stakeholders in education can normally
      exercise in a developed democracy are lacking in India.
     The     ongoing     privatization    and     commercialization    of
      education, which affect the freedom and autonomy of
      students, teachers, and parents in relation to education. Within the
      state sector teachers and students are fairly well organized. This is
      not so in private institutions.
     Recently, when the AICTE (All India Council for Technical
      Education)       derecognized      a     number       of    deemed
      universities, students, parents, and teachers were all helpless. The
      students, anxious about their future, went on strike. But they were
      roughed up by police. Police also filed false cases against some of
      them, apparently at the instance of the managements. The state
      was a passive spectator.
The Real Scene…

   Many of the state universities are in disarray.
   Because of language and quota politics the quality
   of students, teachers, and teaching leaves much to
   be desired. There are cases of teachers migrating
   to other universities under duress. The faculty
   incentive scheme recently introduced in some
   state universities works against academic ethos.
   Those who can bring in money to the university
   corpus are given incentive credits in cash. The
   attempts to turn education into a money-spinner
   are apparently at the cost of academic freedom.
The Real Scene…
   The political and bureaucratic interference in state-run
   universities is deplorable. Often Vice-Chancellors cannot
   inspire the faculty and students; in their eagerness to please
   politicians and bureaucrats they forget their academic and
   leadership roles in universities. Corruption is rampant in state
   universities.          According        to        Transparency
   International, education is the most corrupt sector in
   India, next to health.

   When some of the appointments of teachers and Vice-
   Chancellors are by ingratiating politicians, their primary
   concern is profit, and not teaching. Quality of the profession is
   the casualty. In such situations academic freedom cannot
   flourish. Between central and state universities, the former get
   favored treatment. It is mainly the former which may be said to
   have academic freedom, though even in their case only very
   few academics are active as to claim their role as one of
   freedom.
Threats to Academic Freedom in India
1. Academic freedom in India is, however, often
   stymied by the state‘s inaction, particularly
   failure to foster academic institutions, and lack of
   well-being, ethos, and integrity in many
   institutions.
2. Restriction on the use of archival material, by
   treating the last 30 years records as ‗current‘, and
   inaccessible to scholars;
3. Some universities not allowing dissertations on
   living personalities without their written
   permission; and
4. Political interference in university appointments
   and affairs.
Threats to Academic Freedom in India

 During the Bharatiya Janata Party (BJP) rule which preceded the
 present Congress-led United Progress Alliance, State actions
 went against established academic norms. These included the
 introduction of astrology as an academic discipline, rewriting of
 textbooks by the NCERT, rewriting of history books, and in
 general, attempts to introduce into education the BJP‘s version
 of Indian society, through what was generally termed as the
 falsification of history.

 As the persons who carried out the state‘s diktats were
 academics, who could have resisted what are now considered
 political aberrations, whether it is the academia or the state
 which should be blamed is debatable.
It's time to conclude…
Academic Freedom, is not a term to define; is not a formula to apply. When the sun
rises to brighten the world, irrespective of any region, country or continent, it is
natural. When mind quests to brighten the wisdom, irrespective of any subject or
matter, it is also natural.
When we learn, we need a teacher whose ideas are free from any flexuous
psychological blockage. Who ignites the minds of a generation. Who never confines
his vision into the vial of syllabuses. And when we teach, we need a student who is
not proud of his eye-glasses, but of his eyesight. Who learn to be excellent. Who
learn to innovate, who learn to inspire. Who learn to implement the accumulated
knowledge for the betterment of civilization. When we born, we were casted to play
the dual role in our life..both as learner and as a teacher, sometimes simultaneously.
Success is a blind-follower of excellence. Institutions are contributed to teachers and
learners. Their researches should not be circumscribed by any dominating
narcissistic principle.
The history of human civilization talks of many evidences where academic freedom
were attacked many times. But in long run they failed repeatedly. And in future
history will repeat itself.
Because the thirst of truth is always unquenchable.
Since we don‘t know, what we don‘t know….
                             ….LEARNING NEVER ENDS.
References…

   1.    WIKIPEDIA: http://en.wikipedia.org/wiki/Academic_freedom
   2.    BRITANNICA:          http://www.britannica.com/EBchecked/topic/2591/academic-
         freedom
   3.    AAUP: www.aaup.org/issues/academic-freedom
   4.    www.afaf.org.uk/
   5.    HINDU: http://www.hindu.com/2007/11/13/stories/2007111352170800.htm
   6.    USC: http://www.usc.edu/dept/chepa/Papers/Chemerinsky.PDF
   7.    AAUP: http://www.aaup.org/our-work/protecting-academic-freedom
   8.    ACADEMIC FREEDOM AND TENURE - Michael J. Grubiak, Ed.D., Vice
         President, Student Services, Centralia College.
   9.    ACADEMIC FREEDOM -Arlene Gardner, NJ Center for Civic and Law-Related
         Education, Jim Daly, Seton Hall University
   10.   SWEEZY V. NEW HAMPSHIRE, 354 U.S. 234, 250 (1957) (plurality opinion).
   11.   PROCUNIER V. MARTINEZ, 416 U.S. 396, 427 (1974).
   12.   FREEDOM AND TENURE IN THE ACADEMY: The Fiftieth Anniversary of the
         1940 Statement of Principles, 53 L. & Cont. Prob. 407, appendix B (1990)
   13.   ERWIN CHEMERINSKY, Legion Lex Professor of Law
   14.   RADHAKRISHNAN: Academic Freedom from a Human Rights‘ Perspective
anirban.bw@gmail.com
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Quest for Knowledge Beyond Barriers

  • 1. Quest cannot be barricaded…
  • 2. In The Words Of Masters… “Logic will get you from A to B. Imagination will take you everywhere.” “It is the supreme art of the teacher to awaken joy in creative expression and knowledge.” -ALBERT EINSTEIN • “The mind, sharp but no broad, sticks at every • point but does not move.” “God’s silence ripens man’s thought into speech” -RABINDRANATH TAGORE
  • 3. Preview… • Academic Freedom – A belief institutional Academic Freedom rights • Conflict in Definition • Controversies of Academic Freedom • Rationale • Academic Freedom in India • Importance of Academic Freedom – The Kazhikode Case • American Association of University – Academic Freedom – India v/s West Professor – Affiliation and Academic Freedom • Academic Freedom – What it does do and – The real scenario and threats of doesn’t Academic Freedom in India • Academics for Academic Freedom (AFAF) • Conclusion • Academic Freedom rights for • References Faculty, Institution and Students • Academic Freedom – Around the World – France, Germany, Philippines, South Africa, United State • 1940 Statement of Principle on Academic Freedom and Tenure • Is Tenure is necessary to protect Academic Freedom • Conflict with implementation and
  • 4. Academic Freedom – A Belief Academic Freedom, is the freedom of teachers and students to teach, study, and pursue knowledge and research without unreasonable interference or restriction from law, institutional regulations, or public pressure.
  • 5. Conflict of Definition… The term, “Academic Freedom” tends to be difficult to define because its technical definitions come from preferred educational custom and practice (professional norm), faculty contracts (professional norm), and from legal findings related to constitutional and contract law (legal norm). In its everyday usage, its definition is more likely to come from the folkways and mythology that often define the educational culture.
  • 6. Rationale… Proponents of academic freedom believe the freedom of inquiry by students and faculty members is essential to the mission of the academy. They argue that academic communities are repeatedly targeted for repression due to their ability to shape and control the flow of information. When scholars attempt to teach or communicate ideas or facts that are inconvenient to external political groups or to authorities, they may find themselves targeted for public vilification, job loss, imprisonment, or even death. In North Africa, a professor of public health discovered that his country's infant mortality rate was higher than government figures indicated. He lost his job and was imprisoned.
  • 7. Importance of Academic Freedom… • Essential to the mission of the academy • Without protection, academic communities are repressed for their ability to shape knowledge – According to a reflection by Robert Quinn, historically, the power to shape knowledge is a source of power. Authorities have sought to control societies by controlling scholars • We should care about increasing the quality and flow of information and understanding in the world (academic freedom and scholarship promotes these goals)
  • 8. American Association of University Professors (AAUP) According to AAUP, ―…institutions of higher education are conducted for the common good and not to further the interest of either the individual teacher or the institution as a whole. The common good depends upon the free search for truth and its free exposition."
  • 9. Academic Freedom – What it does do… • Both faculty members and students can engage in intellectual debate without fear of censorship or retaliation. • Establishing a faculty member‘s right to remain true to his or her pedagogical philosophy and intellectual commitments. It preserves the intellectual integrity of our educational system and thus serves the public good. • Both faculty members and students can make comparisons and contrasts between subjects taught in a course and any field of human knowledge or period of history. • Academic freedom gives both students and faculty the right to express their views — in speech, writing, and through electronic communication, both on and off campus — without fear of sanction. • Academic freedom gives both students and faculty the right to study and do research on the topics they choose and to draw what conclusions they find consistent with their research, though it does not prevent others from judging whether their work is valuable and their conclusions sound. • Political, religious, or philosophical beliefs of politicians, administrators, and members of the public cannot be imposed on students or faculty. cont….
  • 10. Academic Freedom – What it does do… …cont • Academic freedom gives faculty members and students the right to seek redress or request a hearing if they believe their rights have been violated. • Academic freedom gives faculty members and students the right to challenge one another‘s views, but not to penalize them for holding them. • Academic freedom protects a faculty member‘s authority to assign grades to students, so long as the grades are not capricious or unjustly punitive. More broadly, academic freedom encompasses both the individual and institutional right to maintain academic standards. • Academic freedom gives faculty members substantial latitude in deciding how to teach the courses for which they are responsible. • Academic freedom guarantees that serious charges against a faculty member will be heard before a committee of his or her peers. It provides faculty members the right to due process, including the assumption that the burden of proof lies with those who brought the charges, that faculty have the right to present counter-evidence and confront their accusers, and be assisted by an attorney in serious cases if they choose.
  • 11. Academic Freedom – What it doesn’t do… • Academic freedom does not mean a faculty member can harass, threaten, intimidate, ridicule, or impose his or her views on students. • Academic freedom does not deny faculty members the right to require students to master course material and the fundamentals of the disciplines that faculty teach. • Academic freedom thus does not grant an unqualified guarantee of lifetime employment. • Academic freedom does not protect faculty members from colleague or student challenges to or disagreement with their educational philosophy and practices. • Academic freedom does not protect faculty members from non-university penalties if they break the law. • Academic freedom does not give students or faculty the right to ignore college or university regulations, though it does give faculty and students the right to criticize regulations they believe are unfair cont…..
  • 12. Academic Freedom – What it doesn’t do… • Academic freedom does not protect students or faculty from disciplinary action, but it does require that they receive fair treatment and due process. • Academic freedom does not protect faculty members from sanctions for professional misconduct, though sanctions require clear proof established through due process. • Academic freedom does not protect a faculty member from investigations into allegations of scientific misconduct or violations of sound university policies, nor from appropriate penalties should such charges be sustained in a hearing of record before an elected faculty body. Source: AAUP Policy Documents & Reports.
  • 13. Academics For Academic Freedom - AFAF According to AFAF, Academic Freedom has two main principles: • ―..that academics, both inside and outside the classroom, have unrestricted liberty to question and test received wisdom and to put forward controversial and unpopular opinions, whether or not these are deemed offensive. • ..that academic institutions have no right to curb the exercise of this freedom by members of their staff, or to use it as grounds for disciplinary action or dismissal.‖
  • 14. Faculty Academic Freedom Rights… ―Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter that has no relation to their subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment,‖ (AAUP 1940).
  • 15. Institutional Academic Freedom… • The curriculum belongs to the institution, not the faculty. • The institution can demand certain standards of teaching and evaluate the faculty against those standards. • The admission process belongs to the institution, not the faculty.
  • 16. Student Academic Freedom… Professional Norm: AAUP Joint Statement on Rights and Freedoms of Students. “The professor in the classroom should encourage free discussion, inquiry and expression. Student performance should be evaluated solely on academic basis, not on opinions or conduct in matters unrelated to academic standards.”
  • 17. Student Academic Freedom… In the classroom, student speech is protected if: – Pertinent to classroom discussion and subject matter – Not expressed in a disruptive manner OR – Silent – Passive – Non-disruptive
  • 18.
  • 19. In France… The academic freedom of university professors is a fundamental principle recognized by the laws of the Republic, as defined by the Constitutional Council; furthermore, statute law declares about higher education that: ―…teachers-researchers (university professors and assistant professors), researchers and teachers are fully independent and enjoy full freedom of speech in the course of their research and teaching activities, provided they respect, following university traditions and the dispositions of this code, principles of tolerance and objectivity."
  • 20. In Germany… The German Constitution (Grundgesetz) specifically grants academic freedom: "Art and science, research and teaching are free. Freedom of teaching does not absolve from loyalty to the constitution" (Art. 5, Para. 3).
  • 21. In the Philippines… The 1987 Philippine Constitution states that, "Academic Freedom shall be enjoyed in all institutions of higher learning."
  • 22. In South Africa… Section 16 of the 1996 Constitution of South Africa offers specific protection to academic freedom. However there have been a large number of scandals around the restriction of academic freedom at a number of universities with particular concern being expressed at the situation at the University of KwaZulu-Natal.
  • 23. In the United States… In the United States, academic freedom is generally taken as the notion of academic freedom defined by the "1940 Statement of Principles on Academic Freedom and Tenure," jointly authored by the American Association of University Professors ("AAUP") and the Association of American Colleges (AAC) (now the Association of American Colleges and Universities). These principles state that- "Teachers are entitled to freedom in the classroom in discussing their subject.“ The statement also permits institutions to impose- "limitations of academic freedom because of religious or other aims," so long as they are "clearly stated in writing at the time of the appointment.” cont….
  • 24. In the United States… Academic freedom for colleges and universities The Supreme Court of the United States said that academic freedom means a university can "determine for itself on academic grounds: • who may teach, • what may be taught, • how it should be taught, and • who may be admitted to study.― In a 2008 case, a Federal court in Virginia ruled that professors have no academic freedom; all academic freedom resides with the university or college. In that case, Stronach v. Virginia State University, a district court judge held "that no constitutional right to academic freedom exists that would prohibit senior (university) officials from changing a grade given by (a professor) to one of his students."
  • 25.
  • 26. 1940 Statement of Principles on Academic Freedom and Tenure ACADEMIC FREEDOM  Teachers are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.  Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment.  College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations.
  • 27. 1940 Statement of Principles on Academic Freedom and Tenure ACADEMIC TENURE After the expiration of a probationary period, teachers or investigators should have permanent or continuous tenure, and their service should be terminated only for adequate cause, except in the case of retirement for age, or under extraordinary circumstances because of financial exigencies.
  • 28. Tenure The American Association of University Professors, in a famous 1940 Statement of Principles on Academic Freedom and Tenure, declared: "Tenure is a means to certain ends, specifically: (1) Freedom of teaching and research and of extramural activities, and (2) A sufficient degree of economic security to make the profession attractive to men and women of ability. Freedom and economic security, hence tenure, are indispensable to the success of an institution in fulfilling its obligations to its students and to society."
  • 29. Interpretation… • Institutions can ‗limit‘ academic freedom for religious or other beliefs as long as it was explicitly stated in writing at the time of appointment • Teachers need to avoid controversial issues that are not related to the subject being taught • In public, teachers and others of authority must indicate that what is being said is their personal opinion and does not represent the institution that they are affiliated with The authority to define and enforce academic freedom lies with the institution
  • 30. Is Tenure Necessary to Protect Academic Freedom? • From an intrinsic perspective, tenure safeguards the freedom of faculty members to speak, write, and associate however they choose. • Tenure is a key mechanism for protecting academic freedom. Once a faculty member receives tenure, he or she cannot be subjected to adverse employment action, such as firing, without proof of cause. • By limiting the ability of the university to fire or otherwise take adverse actions against faculty members, tenure provides protection for faculty members to teach and write as they choose. • tenure offers both procedural and substantive protections. Procedurally, tenure means that a faculty member has continuing employment unless the university initiates an action against the faculty member and succeeds in proving "cause" for termination. Substantively, tenure means that the only specific, narrowly defined circumstances will constitute "cause" sufficient for termination or other adverse employment actions. Although the definition of "cause" varies by university, in general, there must be serious violations of the law or of principles of academic honesty to meet the standard.
  • 31. Conflict with Implementation… There are three groups that SHARES academic freedom protections- 1. The faculty. 2. The institution. 3. The students. Conflict often arises where these groups intersect.
  • 32.
  • 33. Conflict with Institutional Academic Freedom • Institutions reserve the right to determine – Who may teach – Who may be taught – How it shall be taught – Who many be admitted to study (Regents of the Univ. of Californav. Bakker, 438 U.S. 265, 312 (1978) • Piarowski (1985) shows a conflict between individual and institutional academic freedom – Faculty member was asked to move his sexually explicit art display from a gallery in a heavily traveled area to a less traveled area – Court ruled that a college can regulate the display of explicit material • Johnson-Kurekv. Abu-Absi (2005) support the concept that the institution has the right to designate how classes are taught and what grades were issued. First amendment protects the individuals right to their belief in pedagogy but not their right to actually do it.
  • 34. Controversies… “The Bassett Affair”: In October 1903, Professor John Bassett publicly praised Booker T. Washington and drew attention to the racism and white supremacist behavior of the Democratic, to the disgust of powerful white Southerners. Many media reports castigated Bassett, and many major newspapers published opinion pieces attacking him and demanding his termination. On December 1, 1903, the entire faculty of the college threatened to resign en masse if the board gave into political pressures and asked Bassett to resign. President Teddy Roosevelt later praised Bassett for his willingness to express the truth as he saw it.
  • 35. Controversies… “Living Together”: In 1929, Experimental Psychology Professor Max Friedrich Meyer and Sociology Assistant Professor Harmon O. DeGraff were dismissed from their positions at the University of Missouri for advising student Orval Hobart Mowrer regarding distribution of a questionnaire which inquired about attitudes towards divorce, "living together", and sex. The university was subsequently censured by the American Association of University Professors (AAUP) in an early case regarding academic freedom due a tenured professor.
  • 36. Controversies… “Little Eichmann”: In the aftermath of the September 11, 2001 attacks, some public statements made by some university faculty were criticized. Most prominent among these were these comments made in January 2005 by University of Colorado professor Ward Churchill. He published an essay in which he asserted that the attack on the United States, while unjustified, were provoked by American foreign policy. On news and talk programs, he was criticized for describing the World Trade Center victims as "little Eichmann", a reference to Hannah Arendt‘s Eichmann in Jerusalem. The university fired Churchill in 2007. Churchill successfully filed a law suit for unlawful termination of employment.
  • 37. Controversies… “Strike”: In 2006 trade union leader and sociologist Fazel Khan was fired from the University of KwaZulu- Natal in Durban, South Africa after taking a leadership role in a strike. In 2008 international concern was also expressed at attempts to discipline two other academics at the same university - Nithiya Chetty and John van der Berg - for expressing concern about academic freedom at the university
  • 38. Justice Speaks… • "Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization stagnate and die.” • “To impose any strait jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation.” –Chief Justice Earl Warren (Sweezy, 1957)
  • 39. Justice Speaks… "The essentiality of freedom in the community of American universities is almost self-evident. . . . To impose any straitjacket upon the intellectual leaders in our colleges and universities would imperil the future of our nation. No field of education is so thoroughly comprehended by man that new discoveries cannot yet be made. . . . Scholarship cannot flourish in an atmosphere of suspicion and distrust. Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.“ - Chief Justice Earl Warren
  • 40. Academic Freedom In India INDIA
  • 41. Indian Perspective… Part III - Fundamental Rights' is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, and peaceful assembly, freedom to practice religion.
  • 42. The Kozhikode Case… KOZHIKODE: M V Narayanan, professor and head, department of English has moved the high court against the vice-chancellor alleging harassment on four counts, including the issuing of a memo for conducting a national seminar on translation organized in association with the National Book Trust. Another professor has also been served the memo last month for speaking to the media. Teachers say that the authoritarian restrictions on freedom of thought, speech and action have put academic freedom in danger at the varsity. "These memos are only a ploy to intimidate all those who have a different opinion on the state of affairs at the varsity. Knowledge creation and academic pursuits will not happen in an atmosphere where academic freedom is stifled," said K P Muraleedharan, professor, dept of commerce and management studies.
  • 43. The Kozhikode Case… Employee unions claim that taking part in a protest march or even speaking to the media is all that is needed to get a show-cause memo. "In a varsity with around 1,400 administrative staff, already around 700 memos have been issued with many getting more than one memo. It is strange that the authorities have gone to the extent of constituting a separate section at the administrative wing just to serve memos and make follow- ups on disciplinary proceedings," said Calicut University Employees Union general secretary S Sadanandan. Narayanan, who filed the writ petition under article 226 of the Constitution, said the varsity had served a memo alleging that the national seminar on 'Politics of Translation' conducted by the department didn't have proper permission. The petition seeks a directive to the vice-chancellor not to obstruct Narayanan from undertaking and discharging his bonafide academic responsibilities and pursuits as envisaged in the CU Act and Statutes, and as laid down by the policies of the UGC.
  • 44. “The Hindu” speaks… ―There is need for evolution of policies that recognize the changes in the landscape of higher education in India. While the legal and institutional framework for protecting the freedom of speech and expression in India is sound along with an independent judiciary that can enforce the fundamental rights, there are certain aspects of political culture, religious intolerance and cultural dogmatism that pose challenges to the protection of academic freedom.‖
  • 45. Academic freedom – India v/s West It is difficult to draw parallels between academic freedom in the west and in India as their educational processes and advancements vary widely. West has a history of private education, impelled and conditioned by the philosophy of educational service to society, and many educational institutions are private and self-regulating. India does not have such history. Its education system is mostly a bureaucratic appendage of the state. Educational advancements in India are incomparably lower than in the west. India‘s gross enrolment ratio (GER) for higher education (tertiary or degree- level) is between 9 per cent and 11 per cent of the population in the relevant age group. Going by UNESCO statistics, the GER in developed countries is between 44 per cent (Switzerland) and 86 per cent (Finland). GER in developed countries and India, 2001 Source: UNESCO Institute for Statistics, World Education Indicators. Enrollment Developed Countries India Level Total Male Family GPI Total Male Family GPI Primary 100.6 100.7 100.6 1.00 98.1 106.0 89.7 0.85 Secondary 105.9 104.7 107.2 1.02 50.3 57.5 42.5 0.74 Tertiary 54.6 39.5 70.1 1.8 11.4 13.4 9.3 0.70
  • 46. Affiliation and Academic Freedom At the all-India level about 90 per cent of under-graduate and 66 per cent of post- graduate students are in affiliated colleges and only the rest are in university departments and constituent colleges. Of the research students 91 per cent are in universities. As many of the colleges lack facilities, they do not have academic freedom for teaching and research. As affiliation is seen as an affliction and a systemic malaise, of late there has been increasing demand to do away with it. As the majority of students and teachers are in affiliated colleges where the foundations of higher education are laid, in order to place higher education on a fast track, the most important need is to foster these institutions by ensuring equity and fairness in intake, by strengthening basic and infrastructure needs including, and especially of qualified teachers, and by grounding these institutions in disciplinary diversity and excellence in quality. In the absence of these measures any discussion of academic freedom in the context of most of these colleges is inane. To provide academic freedom to potential colleges, the UGC has been granting autonomous status. Granting autonomy is an important measure of fostering quality education and academic freedom.
  • 47. THE REAL SCENE • c
  • 48. Lack of Academic Freedom – The Real Scene  India has hardly any academic freedom. This is because the various choices which the stakeholders in education can normally exercise in a developed democracy are lacking in India.  The ongoing privatization and commercialization of education, which affect the freedom and autonomy of students, teachers, and parents in relation to education. Within the state sector teachers and students are fairly well organized. This is not so in private institutions.  Recently, when the AICTE (All India Council for Technical Education) derecognized a number of deemed universities, students, parents, and teachers were all helpless. The students, anxious about their future, went on strike. But they were roughed up by police. Police also filed false cases against some of them, apparently at the instance of the managements. The state was a passive spectator.
  • 49. The Real Scene… Many of the state universities are in disarray. Because of language and quota politics the quality of students, teachers, and teaching leaves much to be desired. There are cases of teachers migrating to other universities under duress. The faculty incentive scheme recently introduced in some state universities works against academic ethos. Those who can bring in money to the university corpus are given incentive credits in cash. The attempts to turn education into a money-spinner are apparently at the cost of academic freedom.
  • 50. The Real Scene… The political and bureaucratic interference in state-run universities is deplorable. Often Vice-Chancellors cannot inspire the faculty and students; in their eagerness to please politicians and bureaucrats they forget their academic and leadership roles in universities. Corruption is rampant in state universities. According to Transparency International, education is the most corrupt sector in India, next to health. When some of the appointments of teachers and Vice- Chancellors are by ingratiating politicians, their primary concern is profit, and not teaching. Quality of the profession is the casualty. In such situations academic freedom cannot flourish. Between central and state universities, the former get favored treatment. It is mainly the former which may be said to have academic freedom, though even in their case only very few academics are active as to claim their role as one of freedom.
  • 51. Threats to Academic Freedom in India 1. Academic freedom in India is, however, often stymied by the state‘s inaction, particularly failure to foster academic institutions, and lack of well-being, ethos, and integrity in many institutions. 2. Restriction on the use of archival material, by treating the last 30 years records as ‗current‘, and inaccessible to scholars; 3. Some universities not allowing dissertations on living personalities without their written permission; and 4. Political interference in university appointments and affairs.
  • 52. Threats to Academic Freedom in India During the Bharatiya Janata Party (BJP) rule which preceded the present Congress-led United Progress Alliance, State actions went against established academic norms. These included the introduction of astrology as an academic discipline, rewriting of textbooks by the NCERT, rewriting of history books, and in general, attempts to introduce into education the BJP‘s version of Indian society, through what was generally termed as the falsification of history. As the persons who carried out the state‘s diktats were academics, who could have resisted what are now considered political aberrations, whether it is the academia or the state which should be blamed is debatable.
  • 53. It's time to conclude… Academic Freedom, is not a term to define; is not a formula to apply. When the sun rises to brighten the world, irrespective of any region, country or continent, it is natural. When mind quests to brighten the wisdom, irrespective of any subject or matter, it is also natural. When we learn, we need a teacher whose ideas are free from any flexuous psychological blockage. Who ignites the minds of a generation. Who never confines his vision into the vial of syllabuses. And when we teach, we need a student who is not proud of his eye-glasses, but of his eyesight. Who learn to be excellent. Who learn to innovate, who learn to inspire. Who learn to implement the accumulated knowledge for the betterment of civilization. When we born, we were casted to play the dual role in our life..both as learner and as a teacher, sometimes simultaneously. Success is a blind-follower of excellence. Institutions are contributed to teachers and learners. Their researches should not be circumscribed by any dominating narcissistic principle. The history of human civilization talks of many evidences where academic freedom were attacked many times. But in long run they failed repeatedly. And in future history will repeat itself. Because the thirst of truth is always unquenchable. Since we don‘t know, what we don‘t know…. ….LEARNING NEVER ENDS.
  • 54. References… 1. WIKIPEDIA: http://en.wikipedia.org/wiki/Academic_freedom 2. BRITANNICA: http://www.britannica.com/EBchecked/topic/2591/academic- freedom 3. AAUP: www.aaup.org/issues/academic-freedom 4. www.afaf.org.uk/ 5. HINDU: http://www.hindu.com/2007/11/13/stories/2007111352170800.htm 6. USC: http://www.usc.edu/dept/chepa/Papers/Chemerinsky.PDF 7. AAUP: http://www.aaup.org/our-work/protecting-academic-freedom 8. ACADEMIC FREEDOM AND TENURE - Michael J. Grubiak, Ed.D., Vice President, Student Services, Centralia College. 9. ACADEMIC FREEDOM -Arlene Gardner, NJ Center for Civic and Law-Related Education, Jim Daly, Seton Hall University 10. SWEEZY V. NEW HAMPSHIRE, 354 U.S. 234, 250 (1957) (plurality opinion). 11. PROCUNIER V. MARTINEZ, 416 U.S. 396, 427 (1974). 12. FREEDOM AND TENURE IN THE ACADEMY: The Fiftieth Anniversary of the 1940 Statement of Principles, 53 L. & Cont. Prob. 407, appendix B (1990) 13. ERWIN CHEMERINSKY, Legion Lex Professor of Law 14. RADHAKRISHNAN: Academic Freedom from a Human Rights‘ Perspective