Report of the Task Force on Academic
Freedom
(Letter of Appointment and Charge are at the
end of the Report)
University of Minnesota
April
2004
Raymond Duvall, Chair
Harold Grotevant
Megan
Gunnar
Roland Guyotte
Patricia Hampl
Robert Hardy
Thomas
Mackenzie
David Pui
Lanny Schmidt
Sandra Ecklein,
Staff
Table of Contents
I. Vision
II. The Principle of Academic Freedom
The Basic Concept
The Crucial Importance of Academic Freedom
Core Tenets of Enduring Value
Protective and Affirmative Components
Constituencies of Academic Freedom
Sites of Academic Freedom
Courses
Research and Creative Activity
Extra-classroom Campus Activities
Safeguards
Obligations
Oversight
III. Current Challenges to Academic Freedom
Freedom of Scientific and Medical Research
National Security, Civil Liberties, and Academic Freedom
Academic Freedom In and Outside the Classroom
External Funding and the Freedom of Inquiry
Post-tenure Review
Frictions across Disciplinary Interests and Concerns
The Mount Graham Observatory
IV. Reaffirmation
V. Specific Recommendations
Modeling Disciplined Debate
Curricular Component
Policies Concerning Responsibilities
Strengthening Protections
Coordination with Other Universities
References
Appendix 1.
The Development of Principles of Academic Freedom
Land-Grant Mission and Academic Freedom
Appendix 2.
Acknowledgements
Appendix 3.
Members of the Task Force
The University of Minnesota
was founded in the faith that men are ennobled by understanding; it is dedicated
to the advancement of learning and the search for truth; it is devoted to the
instruction of youth and the welfare of the state. These purposes, carved in
stone upon the façade of its most stately building, embody the tradition
of scholarship upon which rests the development of higher education and the
continuous progress of democratic society. It is this tradition that sustains
the human mind and spirit when beset by human passions and prejudices. It is to
this tradition that the Board of Regents of the University of Minnesota
reaffirms its adherence. In so doing, it reiterates its acceptance of the
corollary principles of academic freedom. . .
. The Board of Regents...recognizes with regret and not
in a spirit of condemnation of its predecessors that periods of national crisis
are characterized by widespread loss in social perspective and a strain upon the
values that prevail when conditions are more nearly normal. It would also
affirm in these calmer days and against another day of storm and stress that in
times of crisis the need for adherence to accepted values and traditions and
procedures, especially by institutions of higher education, is most
necessary.
—University of Minnesota Board of
Regents
Resolution adopted January 28, 1938
I. VISION
The assurance of open scholarly and
creative enterprise lies at the heart of the research and teaching mission of
modern higher education in a democratic society. Yet however fundamental it is
to the life of the university, academic freedom is imperiled if it is taken for
granted.
The principle of academic freedom claims a long and
distinguished pedigree, but its practice in the daily life of universities has
always been threatened and has always required clarification and justification.
Like any freedom, it is fragile. Generations of scholars have had to reaffirm
the meaning of academic freedom for themselves and their broader community. We
accept this challenge now in our own times, as we must respond to contemporary
assaults on this most cherished privilege. We recognize that academic freedom
cannot be assumed. We must reconsider its meaning, even as we reaffirm our
allegiance to it as a core value of our professional lives, both as a right and
a responsibility.
A special urgency compels this reconsideration. We are
confronted with unprecedented changes in university life just as we face another
period of national crisis. Scientific, technological, economic, and cultural
forces are all at play. Immense advances in the biological, physical, and
information sciences, the growing role of corporations in funding research and
even basic university operations, the increasing specialization of disciplines
and the creation of new disciplines—all these create new stresses on the
tradition of academic freedom. External funding inequalities between the
liberal arts and the social and physical sciences pose additional questions.
So, too, does the use of information technologies that provide unprecedented
surveillance capacities and the ability to organize special interest pressures
on university governance. Given these strains on the fabric of the university
as a community, can we all still share a commitment to academic freedom? We
believe we can and we must. But we have to take a hard, honest look. This
opportunity—and indeed requirement—to examine its relevance is part
of the strength of academic freedom.
As members of a land-grant
institution, we at the University of Minnesota claim a special mandate to
protect this perishable value. For us, reaffirmation of the principle and
practice of academic freedom also embraces the citizens of Minnesota, our
partners and founders. We share with them an implicit agreement to uphold both
the rights and the obligations of academic freedom.
Every member of the
academic community—faculty, students, staff, administration, governing
boards—has a stake in the vigor of academic freedom. All of us must grasp
its tenets, purposes, and obligations if we hope to respond to contemporary
challenges. At the same time, we must recognize that sustaining the
achievements made possible by academic freedom will require communicating its
importance to our fellow citizens. For only if they too recognize the
intellectual, moral, and economic value of academic freedom will it remain
secure for the scholarly and creative work of future generations.
II.
THE PRINCIPLE OF ACADEMIC FREEDOM
The Basic Concept
As
a principle, academic freedom holds that, in order to advance knowledge, members
of the academic community must be free to pose questions and explore ideas in
teaching, research and the arts, and learning unfettered by political or
theological interference. The endeavor of free inquiry must be subject only to
academic review, which evaluates the products but does not limit the activity of
academic freedom. This ideal is the standard that guides the creation,
interpretation, scrutiny, and preservation of ideas necessary for pursuing truth
and exposing ignorance.
Knowledge that invigorates and sustains a free
and open society is precious and elusive. The serendipity of its emergence
compels a dialogue guided by open and critical inquiry of the broadest scope
among students and faculty. It is subject to revision through processes of
careful scrutiny and reasoned debate, and it is always tentative, even while
based on demonstrated truth. Academic freedom means that all wisdom must be
abundantly challenged. Nothing that purports to be knowledge is sacred.
Students who will surpass their teachers must be exposed to an unrestrained flow
of ideas, guided by the capacity to logically dissect an argument, project its
implications, and grasp its emotional appeal. Knowledge that is not tested
through disciplined dissent becomes an article of faith, surviving not because
of its demonstrable truth, but because of appeals to authority and enshrined
orthodoxy.
The Crucial Importance of Academic
Freedom
Institutes of higher learning cannot simply presume support
for academic freedom. The university community must demonstrate the tenets and
practice of academic freedom. And in its relations with the broader community
the university must also reaffirm the value of academic freedom as an antidote
to the natural human proclivity to rely on socially accepted
“truths” and “what has worked before.” Society must be
assured that universities can be trusted to foster and sustain inquiry that is
not controlled by doctrine, self promotion, orthodoxy, or personal
aggrandizement. As befits a central principle of a free and open society,
academic freedom is fundamentally democratic. Its openness to critical inquiry,
its rejection of uncontested claims of “authority,” and its reliance
on peer review processes are all part of its vigor. It is also democratic
because it relies on society’s support.
Academic freedom, then, is
an implicit compact between society and modern universities that governs their
scholarly and creative activities. It is the essential constituent of education
that encourages disputes and contestations to emerge within and among members of
the academy without fear of unnecessary prohibition, impediment, interference,
or restraint by external forces or powers. Society gains enormously from the
creation of knowledge and the development of global educative communities that
cut across and transcend parochial ties of national, ideological, or religious
identity. Its members gain from education based on practices of critical
scrutiny and open, respectful debate of ideas in the pursuit of
truth.
Core Tenets of Enduring Value
The origins of
academic freedom can be found in the historical struggles between two
contrasting concepts of knowledge—knowledge defined and delimited by
theological authority, cultural heritage, and tradition, and knowledge created
by processes of empirical investigation under the scrutiny of peers trained in
observational methods, reflection on theoretic presuppositions, and critical
reasoning. In Western higher education over time the latter prevailed and has
evolved to protect not only scholarship subject to empirical methods but also
intellectual and creative activities that generate novel approaches to inquiry
and works of art that expand the imagination.
While the practice of
academic freedom in the daily life of universities is ever-changing and
ever-challenged, it rests on a set of enduring tenets established and codified
in earlier periods of uncertainty and threat. Concerns about what we now call
“academic freedom” date, in the Western tradition, to Socrates (a
teacher tried for “corrupting the morals of the young”) and much
later to Galileo (a researcher who published findings that Church officials said
he could believe only in private). Modern controversies in academic freedom
punctuate the rise of the research university in Europe and the United States.
These struggles led to the founding of the Association of American University
Professors (AAUP) early in the twentieth century. That body has offered major
statements on academic freedom in 1915, 1940, and 1970. Closer to home, the
University of Minnesota Regents have spoken about academic freedom on several
historic occasions. Their remarks derived in part from the firing and
subsequent reinstatement with reparations of a senior professor who opposed U.S.
participation in World War I, the dismissal or non-renewal of faculty members
caught up in the fervor of McCarthyism, and investigations of University faculty
during the era of dissent in the 1960s.
In an appendix to this report, we
describe the historical development of academic freedom as a fundamental
principle, particularly with respect to land-grant universities. Statements
made by the AAUP as long ago as 1915 are shown there to have enduring value in
reminding us what the privileges and responsibilities of academic freedom
require.
Protective and Affirmative Components
Academic
freedom has two components—one protective, the other affirmative. The
first, which is analogous to, but distinct from, constitutional protections of
free speech, severely limits interference with academic work. It is the
assurance of a right to free and open inquiry, without fear of punitive
sanction, even as inquiry may challenge or upset “social values, policies,
practices and institutions” (Kalven Committee Report, as quoted in Cole,
2003).
This protection, extended in various ways to all members of an
academic community, comes with obligations. It is not a permit to do or say
whatever one pleases. Instead, it is a guarantee of freedom to pursue knowledge
and express ideas that are subject to rigorous debate and scholarly review. For
students, the review is primarily set by course instructors, mentors, research
advisers, and examining panels. For faculty, it is principally by academic
peers responsible for evaluating the products of and proposals for scholarly and
creative work, the content of courses, and teaching performance. Most important
is the review of peers familiar with the rules of critical inquiry of a
particular discipline—the methods for establishing, weighing, and judging
importance, competence, and contribution in that field. Additional review by
peers who are not experts in the respective discipline, but are familiar with
critical inquiry, also plays a role, in part as a guard against disciplinary
orthodoxies and in part to assure that appropriate academic standards are
broadly maintained. Finally, administrators review decisions to ensure
continued commitment to the overall mission of the university. These processes
of review determine evaluations and hence they shape the context of acceptable
knowledge claims and standards of academic debate. They are necessary for the
maintenance of an orderly system of teaching, research, and learning. But the
fundamental principle of protection of academic freedom requires that the
academic community be vigilant to assure that review processes not limit the
scope of free and open inquiry.
The second, affirmative component affirms
a culture that supports an unrestricted exchange and vetting of ideas among
faculty and students. Of the two aspects, the affirmative, being less protected
by formal process, is the more fragile and dependent on how a university
manifests academic freedom in its interactions. The collision of ideas in the
pursuit of truth must be fostered, even if it produces urgency and passion,
confusion and doubt. Academic freedom requires that discourse be conducted
vigorously, but respectfully and in good faith. Its hallmark is on-going
debate, an unending contest of ideas, conducted in a civil manner, within and
across disciplines. Faculty should not summon authority dismissively, whether
engaging colleagues, students, or administrators. Nor can discourse be
subservient to a culture of offense wherein messages are sifted for their
appropriateness, diversity, or indoctrinating nuances.
The protective and
affirmative aspects of academic freedom are mutually dependent. The affirmative
cannot flourish without active and continuing support for the protective
component. Likewise, when the protection of individual members of the
university community to inquire and express ideas freely is not used to support
an institutional affirmation of the contest of ideas, it loses its
justification. Both components, like truth, are ideals towards which we must
strive, but never wholly achieve.
Constituencies of Academic
Freedom
Protections and obligations of academic freedom apply to all
members of the academic community. However, their application is not uniform
but varies according to the specific responsibilities and academic achievements
of each group. Though all university personnel, including staff and governing
boards, must support the ideal and demands of academic freedom, students,
faculty, and administrators are most directly involved in its daily
practice.
Faculty members—subject to peer review—teach
classes, design and oversee educational programs, and conduct research. Unlike
students, who tend to be mobile, most faculty have a relatively long-term
involvement in the life of the university. They must have the fullest
protections of and responsibilities for academic freedom.
The position of
non-tenure track faculty merits special consideration. While adjunct faculty
may have some latitude in teaching methods, their involvement with course
selection and the contours of the curriculum varies widely across the campus,
and in some instances creates a two-tiered system. Disenfranchising some
faculty with respect to these instructional matters threatens academic freedom
by establishing the precedent of an instructional staff with no recourse to its
protections.
Students—subject to what is offered and
required—select classes, complete assignments, participate in supervised
research, and tutor/instruct in introductory courses. They have limited direct
influence over what is taught and how it is taught. The scope of academic
freedom for students is limited by curricular and course requirements and
research adviser expertise. Students exert significant power on the context of
open inquiry, however, via matriculation, enrollment and withdrawal from
courses, anonymous assessments of teaching, by changing majors, and/or
transferring to other schools.
Administrators—responsive to faculty
governance—assign resources to produce a balanced educational environment
and ratify the results of the peer review process. Affirmative academic
freedom, however, cannot be the sole province of administration. Decisions
regarding institutional priorities—how many faculty members should be
hired in physics as opposed to philosophy—are complex and depend on a
dialogue between faculty, broadly represented, and administrators. Here it is
important that disciplines, critical to judging the competing claims of
knowledge but with less capacity to capture external funding, not be submitted
to a winner-take-all process.
All members of the community participate in
the extra-classroom life of the campus, and thus benefit from and bear
responsibility for the affirmative institutional commitment to academic
freedom.
Sites of Academic Freedom
The sites where academic
freedom flourishes—and sometimes founders—make up the intellectual
geography of the campus and include all the courses in the curriculum, the
research and creative practices of faculty and students, and the extra-classroom
activities of the university
community.
Courses
Courses and curricular content
are the purview of faculty. Selecting knowledge, weaving
it into a coherent
pattern, and provoking further inquiry is the art of instruction. Decisions
regarding this activity are the prerogative of the instructor but should be
consistent with peers’ assessment of their relevance and heuristic intent
and with the objective of the critical scrutiny of ideas and knowledge. In
return for the privilege of determining course content, faculty have a duty to
make materials relevant to the stated content of the course. But generous, not
rigid, standards for determining relevance should be applied.
Teaching
that fails to acknowledge controversy and different scholarly interpretations
ill prepares students for critical thinking. Classroom activities, however, are
not public events open to all perspectives. All participants are not offered
equal time and there is no pedagogic necessity that all points of view be
represented. Faculty should not imagine a classroom filled with vulnerable
adults or that students should not be challenged, even provoked, to examine
ideas that seem alien or uncomfortable. Academic freedom encourages and
provokes exploration and discovery. It eschews indoctrination on two counts.
First, indoctrination is incompatible with disciplined dissent, a core tenet of
a democratic society. Second, the possibility of indoctrination assumes the
incapacity of others for independent thought. To equate exposure to ideas with
indoctrination is to dismiss students as uncritical puppets intended for
manipulation.
Research and Creative
Activity
Academic freedom implies that research and creative
interests are a matter of individual choice, not subject to directive. That
does not assign complete license; some limitations are consistent with academic
freedom. Faculty research and creative choices are subject to the law, a
professional responsibility for openness and accountability, and the ethical
principle that the researcher must avoid imposing undue harm. Secretive
contract research and studies that would abuse human research subjects, for
example, directly oppose the principles of academic freedom.
Research and
creative endeavor choices are also limited by university resources (space,
libraries, equipment, etc.), funding opportunities, and the acknowledgement by
peers of the importance of the work. These limitations, however, potentially
violate rather than sustain academic freedom. Financial support for research
comes either from competitive awards and contracts (mostly external) determined
by peer review or from university resources that are also generally competitive.
Faculty salaries support teaching, advising, mentoring, service, and
administration, as well as research. The fraction of university funds available
to sustain research has dwindled. Faculty members without external funding are
often given full-time non-research assignments, thus reinscribing the lack of
research money with lack of research time. To what extent a university
appointment entitles a faculty member to pursue unfunded research and creative
intellectual or artistic work is an important, but unresolved, issue that
depends in part—but only in part—on cost. While it would be
difficult to do neuroscience research, for example, without external funding,
unfunded research in other disciplines may be feasible. This raises the
question of what the responsibility of the university community is to address
the unequal distribution of undesirable limitations on academic freedom across
scholarly fields.
Student research at all levels is limited by the
availability and approval of supervisory faculty. The latitude widens in
graduate and post-graduate situations. Academic freedom requires that students
be given credit, erring on the side of generosity, for their achievements in
research and creative activity.
Academic freedom demands openness and
integrity in managing knowledge production. Open disclosure is essential: What
methods were used? What sources were used? Who funded the study? Who
contributed labor? Who deserves credit? Are there conflicts of interest and
are they disqualifying? This stewardship extends not just to faculty, but to
all members of the academic community. Cheating and plagiarism, whether
practiced by faculty or students, are of course breaches of academic
freedom.
Extra-classroom Campus Activities
The
intellectual life of a university community extends beyond its classrooms and
research settings. It thrives in colloquia, forums, concerts, exhibits,
entertainments, hallway conversations, email exchanges, posters, clubs, surveys,
protests, editorials, and other gatherings. The views exchanged measure the
vitality of an academic community and the excitement of being part of it.
Within what is allowed by law, civility, and respect, members of the community
are afforded opportunity to be heard in these forums.
University
employees, particularly faculty, have opportunities to speak publicly about
controversial issues of the day. They have the same constitutionally protected
rights as all other citizens to do so freely. However, they are responsible to
make clear that they are not speaking for the university but rather as private
citizens, even as their professional status has been used to vet their
expertise.
Safeguards
The tenets of academic freedom offer
guidance when efforts, either internal or external, attempt to curtail what can
be expressed in campus discourse, formal teaching, and research. These tenets
dictate a tolerance of ideas that is assured by two safeguards. The first is
tenure—a contractual arrangement extended to senior faculty, after
extensive peer review, which provides indefinite employment absent grievous
abuse. Given their protected status, tenured faculty have a signal duty to
ensure that the right of free inquiry and disciplined dissent is extended to all
members of the academic community. Tenure functions as a strong, probably
indispensable, barrier to encroachment on academic freedom. But the two must
not be considered equivalent because principles of academic freedom are more
fundamental and extend beyond the tenured faculty.
The second protection
is the willingness of the institution as a whole—including faculty,
students, staff, administrators, and governing boards—to resist coercion
on matters regarding what can be taught, researched, and discussed. This
solidarity requires vigilance concerning evidence of coercion and a commitment
to resist coercion in a collective manner. One might expect blatant threats to
a tolerance of ideas to mobilize resistance in the university community. It is
less clear how to maintain a culture, both within and outside the university,
that recognizes, debates, and responds to more subtle and incremental
restrictions to the free expression of ideas, such as those arising from
disciplinary orthodoxies.
Obligations
Ideas are generated
and their implications pursued in all corners of society, generally for profit.
Only at universities is this process protected by academic freedom. At
land-grant universities the process is supported, in part, by public funds.
Accepting the privileges of academic freedom thus creates specific obligations.
For one thing, at universities the consideration of ideas must extend beyond
their market value, because academic responsibility is to the pursuit of truth
irrespective of the ability of private actors to profit directly from it.
Additionally, universities differ from specialized research institutes and have
an obligation to embrace a sufficient variety of disciplines to ensure that
openness in the critical evaluation of knowledge is not suffocated by orthodoxy
or insulated from critical review.
Openness, as a facet of academic
freedom, does not mean the university has a responsibility to include and
represent every perspective and approach to knowledge. It must, however, weigh
carefully the nature, scope, and implications of exclusions and submit them to
the consideration of the entire university community. It must, in general,
facilitate and foster a wider rather than a narrower range of views and
approaches. This diversity requires a process that engages all segments of the
academic community—from the sciences, arts, and humanities—in
strategic planning.
With the privilege of academic freedom comes a duty
to oversee its application. Identifying what it does not protect strengthens
its principles. Academic freedom is not an excuse for intellectual anarchy, nor
is it a license for academic personnel to commit university resources, such as
classes and laboratories, to whatever purposes they see fit. There is a role
for collective judgment in the determination of what is to be studied and
taught. Such collective judgment always stands as a challenge to academic
freedom, however, when it becomes governing authority. Assessing the
implications of various forms and consequences of collective and authoritative
directives on what is and is not to be researched and taught is one of the
signal tasks in a university’s commitment to academic
freedom.
Oversight
The faculty is responsible for
preventing abuses of academic freedom. This responsibility is embodied in a
system of shared governance that uses checks and balances, including the layered
process of peer review. That process itself is subject to review in shared
governance, and must set forth the standards used to reach
evaluations.
If self-regulation is not properly engaged at public
universities, freedom from outside interference will be challenged. The faculty
should lead the way in assessing self-regulatory duties. Other overseers
include students, administrators, and governing boards, as well as public and
private entities that either fund university activities or have designated or
self appropriated oversight roles. Insufficient attention by the faculty to the
affirmation of academic freedom weakens resistance to criticism from these
quarters.
III. CURRENT CHALLENGES TO ACADEMIC FREEDOM
Threats to
academic freedom currently grow from efforts by groups and institutions in
society, including governments and social activists, to set the terms of
academic work. The changing budgetary profile of land-grant universities also
plays in here, especially the increasing reliance on funds from the private
sector. Less obvious, though posing serious challenge, are internal changes in
the organization and operation of universities, and the changing character of
knowledge itself. Below, we discuss seven contemporary issues (circa 2004) to
demonstrate (but not to assess comprehensively) a range of ways in which
academic freedom may be eroded. We begin with some that emanate from outside
the university, move to some that derive from the changing funding relationship
between the university and society, and conclude with some that are due to
changes in the production of knowledge by university personnel. Taken together,
these examples highlight the complexity and interconnection of challenges to
academic freedom today.
Freedom of Scientific and Medical Research
The researcher’s academic freedom to push the boundaries of
sciences is limited by the priorities set by different funding agencies and by
the researcher’s ability to convince peer juries that the proposed
research is technically sound and theoretically meaningful. The obligation of
the academy to advance science is increasingly challenged on both sides of this
equation: funding priorities and peer review. These challenges typically do
not come from within the community of scientists, but from groups questioning
the morality of particular research topics and procedures.
Research often
raises moral and ethical questions. Stem cell research is one example. The
moral concerns surround questions of using tissue from embryos and the problem
of defining when a human life begins. On the other side of the moral equation
is the promise that stem cell research will save lives and reverse the effects
of disease and injury. Recently, limits were imposed on the stem cell lines
that could be studied using federal research dollars, effectively curtailing the
academic freedom of researchers at most U.S. universities.
Because fewer
of these lines have proven to be useful than was originally estimated, many
researchers must balance bringing stem cell therapies to fruition against
violating the constraints imposed by federal regulations. University of
Minnesota faculty members, who are international leaders in stem cell research,
suffer particularly from these constraints. They need new stem cell lines to
advance their work in basic studies of stem cell biology and research to improve
treatment of diabetes, arthritis, Parkinson’s disease, cancer, and other
diseases. Although these lines can be lawfully developed and used in academic
research, federal dollars cannot support the work. This shifts academic
researchers towards private funding with attendant limitations on their freedom
to communicate their findings (see discussion of private industry and
non-disclosure agreements below).
Recently, stem cell researchers at
Minnesota did move to use additional embryonic stem cell lines, using
non-federal dollars to fund their work, in accordance with federal law. In
early 2004, this move resulted in a bill being introduced in the Minnesota
Senate to bar the use of any but the federally mandated lines by any researcher
or institution receiving state funding. This bill would effectively prevent
announced plans to embark on non-federally funded embryonic stem cell research
at the University. The University administration responded vigorously to this
threat to limit academic freedom. As of this writing, administration attempts
to educate legislators about this issue appear to be making some headway.
Another bill that would permit state funding of non-federally mandated embryonic
cell line research was also introduced in the Minnesota Senate.
Social
and health science research on individuals whose behavior violates the moral
precepts of some segments of society is also under challenge. Recently, program
officials of the National Institutes of Health (NIH) warned HIV researchers to
expect increased scrutiny of any grant requests using the words
“gay” or “men who sleep with men.” Soon after, in
testimony before Congress on October 2, 2003, the NIH director was asked to
justify the medical benefits of a list of ten research proposals (one of which
was from the University of Minnesota), all involving studies of sexual behavior.
The Congressional scrutiny followed a narrowly defeated House amendment that
would have rescinded funding for five of these grants. When the NIH requested a
list of the ten grants considered offensive, a Congressional staffer sent a list
of 150 grants (compiled by the Traditional Values Coalition, a social activist
group), all of which dealt with HIV/AIDS, high-risk sexual behaviors, adolescent
sexual behavior, stigmatization of homosexuals, or substance abuse. Again,
several University of Minnesota research proposals were on the expanded
list.
It is essential to realize that all of these grant applications,
including those from University of Minnesota researchers, had passed through
rigorous scientific review. NIH review involves panels of researchers organized
through an Office of Scientific Review, which is separate from the various
program or institute offices that fund research, a process that helps to insure
the transparency of the scientific review process. Several reviewers who are
funded researchers familiar with the research area critique the work and defend
their evaluations before a panel of their peers. The scores they give the
proposal determine whether the research will be funded. Thus, this
challenge to academic freedom involved a challenge both to the
researchers’ freedom to pursue research that passed rigorous peer review
and to the mechanism through which academic freedom is regulated: the peer
review process itself.
The University of Minnesota, along with other
major research universities, the Association for the Advancement of Science, and
the American Psychological Association, responded vigorously to this threat to
the NIH and the scientific merit of its review process. As of the writing
of this document, none of the University of Minnesota researchers whose grants
were on the list has had funding rescinded.
National Security,
Civil Liberties, and Academic Freedom
Perceived threats to national
security provide a fertile environment for the explicit articulation of concerns
about academic freedom. It is noteworthy that each of the AAUP’s
major documents on the subject was produced in the context of war—1915,
1940, and 1970. The two World Wars, as well as America’s war in
Southeast Asia, left a substantial legacy of struggle for academic freedom, in
part because they mobilized threats to its foundations. The war on
terrorism is following in that tradition. A number of policies adopted in
this current war, most notably the USA Patriot Act, now curtail the openness of
knowledge processes in American universities. These official regulations
are accompanied by campaigns in society to monitor the patriotism of academic
personnel and to press for the elimination of forms and practices of inquiry
that are perceived to weaken national security.
International faculty and
students are targeted. A number have experienced serious difficulties in
obtaining visas to travel to the U.S. to begin or resume their studies.
Some Ph.D. candidates, returning from dissertation research abroad, have
encountered substantial delays, complicating defense of their
dissertations. For example, a University of Minnesota doctoral candidate
in Geography from Eritrea and another in History from Zimbabwe were
substantially delayed in returning to the University following dissertation
research in their respective home countries. The Provost and Dean of
Faculties at Columbia University reports having received hundreds of written
requests to punish, or even fire, international faculty who have been outspoken
critics of U.S. foreign policy (Cole, 2003). These are serious challenges
to the free and open pursuit of knowledge by international scholars.
So,
too, are the restrictions now in place preventing students and post-doctoral
fellows from approximately 25 countries from joining laboratories in which
research is conducted using select biological agents and toxins that are
potentially usable for bio-terrorism. Governmental regulations restricting who
can legitimately participate in research based solely on criteria of national
origin strike at the principles of academic freedom. Since American
universities are essential to higher education worldwide, and to the degree that
the development and sustenance of global learning communities is widely
beneficial to peace and prosperity worldwide, limiting the scope of
universities’ societal responsibility to a specific national scale is both
artificial and counterproductive. It threatens the maintenance of the
centrality of American universities in networks of global academic
communities.
Other facets of the war on terrorism are significant for the
academic freedom of all academic personnel, regardless of national origin.
The legal authority to monitor library circulations established by the USA
Patriot Act, although reportedly not yet utilized, is one manifestation.
Another is the modification of the Family and Educational Rights Privacy Act to
require universities to provide students’ records to law enforcement
agencies without notifying the affected students. And yet a third is the
mobilization by activists, with support in the United States Congress, against
area studies programs and related forms of inquiry that are alleged to foster
intellectual sympathy in the form of “understanding” for radical or
terrorist activities.
Practices of academic freedom must conform to the
law. However, academic freedom also calls for the university community to
challenge laws that restrict open, critical inquiry and intellectual
debate. In the current situation, the University of Minnesota should
continue to work with other institutions and communities of higher education for
a judicious, but vigorous and demanding, review of requirements generated by the
war on terrorism, as it is doing through the Committee on Institutional
Cooperation.
Academic Freedom In and Outside the
Classroom
The internet presents unprecedented challenges to the
sovereignty of researchers and teachers. The ability to mobilize hundreds,
even thousands, of people across the country or the globe by a few keystrokes
has changed the nature of political and social influence in ways unimaginable
only a few years ago. This instant community-making has opened the world of
isolated individuals to the potential power of their united numbers. But
troubling abuses abound in this newfound coalition-building, especially for a
cultural value as vulnerable to assault as academic freedom is. A recent
example is suggestive.
A dot-org site launched by the Center for the
American Experiment, a Minnesota-based advocacy group, described an incident at
a regional college that provoked students to “fight” for
“fairness and academic freedom.” According to the article
posted on the Web site, a sociology professor, presumably using college email
accounts, sent his Introduction to Sociology students a
“resumé” of President George W. Bush that had been
circulating on the internet. He explained, “I send this to you not
as your professor, but as a loyal dedicated American who wants only the best for
his country.” The bogus resumé was a list of accusations
taken out of context intended to mock and indict the Bush Presidency. The
co-chair of the campus Republicans emailed the professor complaining of factual
errors and indicating that many students were offended. The professor responded
with a “dismissive one-sentence reply.” The student forwarded
the correspondence to an off-campus citizen group engaged in monitoring
political orthodoxy on college campuses who in turn sent the correspondence
(presumably by email) to college officials. Shortly thereafter the
professor emailed an apology to his students. “Even if it caused
students to think about their own commitments that differed from my own, I see
now that it was not in keeping with the highest goals that I set for myself as a
teacher. I am sorry if I offended the students in the class. Given
the political climate that now exists in this country, in the future I will
stick closer to the sociological texts I have assigned to my students, and keep
my private thoughts to myself.”
It is hard not to wince at the
lapse in judgment portrayed by the events described in the article. A
moment’s reflection would have enabled the professor to anticipate student
response and revealed that, rather than enlightening debate, his message would
polarize it. At the same time it is difficult not to wince as well at the
eerily “correct” way in which he apologized.
The dot-org
article asserts that distributing the polemic exemplifies pervasive
“ideological indoctrination” at colleges and calls for oversight by
concerned adults willing to intervene on behalf of “learners.”
Indoctrination represents the systematic imposition of a way of thinking.
Its association with brainwashing suggests that it aims to deprive the victim of
the ability to think or act independently. To call the professor’s
ill-considered email “indoctrination” is distortion. Indoctrination
refers to an organized and subversive conspiracy to spare knowledge from
disciplined dissent. In practice it requires that victims be cut off from
other points of view—an impossibility on any campus with a television,
even if one wished it. Further, to be successful, indoctrination relies on
control and deprivation. Knowing that professors will grade your work does
not approximate these conditions. The professor overstepped his professional
responsibilities and misused his power in relation to students. But, there is
no evidence of serious indoctrination in this incident.
The article tends
to equate academic freedom and what the author calls “intellectual
diversity” and “intellectual balance.” As much as
academic freedom is dependent on the open contestation and critical scrutiny of
ideas, it is not equivalent to, nor does it imply, “intellectual
balance.” Academic freedom entails intellectual ferment; but that does
not mean the necessity to represent particular perspectives in debate. The
pursuit of knowledge and truth requires that ideas be made to survive scrutiny,
through processes of review involving academic expertise. If diversity
alone determined knowledge claims, then faith, opinion, tradition, and national
interest would be acceptable bases for judging academic merit. It is easy
to imagine that the arbiters of such judgments could widen beyond the academy to
include lawyers, parents, and even legislators.
External Funding and
the Freedom of Inquiry
Since World War II, traditional sources of
research funding have included the federal government, private foundations, and
universities themselves. The economic pressures of recent decades have resulted
in reduced levels of federal funding in some disciplines, foundation support
that is being directed to community service rather than research, and greatly
reduced university research monies.
Faculty compensation and promotions
are based on research and creative productivity, which in turn relies on time,
space, and personnel. As internal and governmental funding becomes more
difficult to obtain, faculty may feel compelled to change their research
interests to secure commercial funding. This growing commercialization of
higher education in the United States raises a number of issues, some of which
can adversely affect tenets of academic freedom:
- Pressure from research sponsors to review, censor,
suppress, or delay publication of unfavorable results
- Pressure from research sponsors to suppress or embargo
findings that might give their competitors a financial advantage
- Ownership of intellectual property with commercial
value, produced by university faculty with or without corporate sponsorship,
creating a personal material interest for the researcher in limiting ideas that
may challenge the intellectual property
- Conflict of commitment when full-time university
faculty devote so much time to consulting and proprietary research that they
compromise their ability to function in a full-time capacity in contributing to
an environment of learning and open inquiry
- Selection of research problems based primarily on
their commercial potential rather than their contribution to the development of
knowledge, leading researchers to forsake the most important problems in the
discipline.
These challenges to academic freedom are more
muted than are direct political regulations and social campaigns of the kinds
discussed above. But they are nevertheless real to the degree that academic
personnel are prohibited from pursuing certain avenues of inquiry even in the
absence of overt control by funders, or punished if they do so, or threatened if
they intend to blow the whistle on irregularities. If, as seems likely, the
changed profile of funding for research increases the possibility that
researchers experience such pressures, the University must be attentive to the
subtle, but consequential, erosion of academic freedom.
Following several
conflict of interest problems in the 1990s, the University of Minnesota took a
number of steps to regulate faculty behavior to minimize the opportunity for
future scandals. Clear policies on conflict of interest and intellectual
property rights have been established or updated. They are widely
publicized among faculty and staff. All University researchers are now required
to document participation in training on the responsible conduct of research
before sponsored research funds are released. Faculty must also obtain prior
approval for consulting arrangements and must certify annually that these
arrangements do not pose conflicts of interest. These regulations may seem to
some to be an infringement of the individually protective aspect of their
academic freedom, and, indeed, they are. But more importantly they serve to
reinforce the institutionally affirmative component of academic
freedom.
Post-tenure Review
A move toward post-tenure
review of faculty is a recent innovation in academic governance. Often
driven by pressures for “accountability,” reflecting a criticism of
what is perceived by some to be an “entitlement,” post-tenure review
has attracted considerable notice. Academic institutions are likely to
treat post-tenure review gingerly, mindful of the intimate linkage between
tenure and academic freedom. Knowing the value of a highly motivated
faculty, many administrators in recent times have firmly defended academic
freedom. Professional guidelines insist that, “Post-tenure review
must be conducted according to standards that protect academic freedom and the
quality of education” and “should not intrude on an individual
faculty member’s proper sphere of professional
self-direction.”
Yet some threats are more insidious than frontal
assaults on faculty autonomy. They may come from a professor’s own
colleagues as well as from academic administrators or outside forces.
Among the many changes in higher education since the AAUP’s 1940 Statement
of Principles has been the increasing dependence of many researchers on external
funding to conduct their scholarly work. Because external funding is
distributed unevenly, universities have instituted indirect cost recovery
charges to support the institution’s more general research mission.
In many disciplines these funds, retained by the institution or the department,
supply an important portion of the funding base, especially in providing support
for graduate students. At a time of financial strain for higher education,
grant-getting affects more than the work of the individual researcher. It
can be a looming threat to academic freedom more generally.
The
instability of research funding is part of the problem. Faculty may be
told by deans or department heads that grant support is an important measure of
their fitness for tenure. Insofar as such language is contained within official
departmental statements of specific criteria and standards for tenure,
professors are at least made aware of the conditions under which they
work. What is more troublesome is the possibility that the rules of the
game may change in ways that subvert the protections that tenure is expected to
convey. Once tenured, in such a setting, professors are not only expected to
continue winning external support for their research activities, but they may
face a potentially punitive set of institutional procedures even as they do work
that is productive but does not win external financial assistance. The question
here is not one of competence. While some post-tenure review policies have
“faculty development” provisions whereby a professor’s effort
may be reoriented, who is to tell a researcher not to work in the area that she
or he wishes to pursue, and indeed in the area that has previously been credited
but is now marginalized? Is this too not a question of academic
freedom?
Frictions across Disciplinary Interests and
Concerns
From within a University classroom or lab it can be tempting
to imagine any threat to academic freedom looming vaguely, if ominously,
“out there” somewhere, fostered by people or groups far removed from
the daily work of a research institution. In this version of things, academic
freedom is vulnerable to those for whom this essential privilege of research and
creative work on campus is either a mystery or a worry—or even a
danger. Classic examples of academic freedom under fire often do revolve
around such recognizable, even clichéed scenarios—the literature
professor charged by a citizens’ group with promoting pornography for
teaching literature with sexual content, (the famous cases of James
Joyce’s Ulysses and Nabokov’s Lolita), the political
scientist who assigns his students works by socialist writers and is accused of
“teaching Communism.”
These examples, whose themes and
variations are familiar and recurring in the inevitable cultural struggle for
norms between society and the academy, present the University with a reassuring
image of itself as a unified enclave, pulling together to dispel fear and
demagoguery, uncomplicated by internal tensions and frictions as it goes about
the enduring business of fostering inquiry, discovering truth, and disseminating
knowledge. In this vision, all departments and disciplines are united in a
peaceable kingdom whose first tenet is allegiance to academic freedom as the
essential and cherished compact forged between society and its intellectual work
force.
And so it can be much of the time. Academic solidarity
committed to the principle of academic freedom is fundamental to its
sustenance. But it would be a mistake, even an illusion, to ignore the
differing, sometimes starkly opposed, concerns that can pit members of the
University community against each other, discipline against discipline, even
science against art, in the name of academic freedom.
A recent instance
on our campus serves as an exemplary, perhaps cautionary, tale. The new
Cargill Building for Microbial and Plant Genomics on the St. Paul campus was
chosen as the site for a public artwork. This of course was an honor, even a
celebratory occasion. In a public process, a committee that included the
Director of the University’s Weisman Art Museum as well as representatives
of researchers and others who work in the Cargill Building commissioned Eduardo
Kac, an internationally known “bioartist” and conceptual artist, to
create a work of public art to be displayed outside the new
building.
Kac’s project, as outlined, was to create in a laboratory
a protein, the result of combining a gene from his own blood with a plant
gene. From the resulting image of this protein he was to create a
large-scale sculpture to stand outside the Cargill Building. Scientists
entering the building would first recognize the shape as a protein and later
come to view it as an abstract sculpture. Most passersby would reverse
this visual experience and see the shape initially as an abstract form and later
come to understand the science behind the object. The artist’s
concept in combining a human gene with one from a plant recognized and honored
the long relationship that humans have had with plants—and of course was
meant to represent the kind of research that goes on in the building.
And
that is precisely where friction began to rub nerves raw. Some researchers
inside the building, working on the science of plant genetics, became concerned
about their security. They felt that their work, while legal and ethical,
labors under threats of many kinds, including violent assault from people who
see genetic research of any kind as meddling with nature. Some scientists
and staff feared the work of art would attract protesters to the building and
might result in damage to property or worse, might harm people working there.
These are serious, fundamental fears that no one should have to labor
under.
The initial reaction was a proposal by some of those in the
Cargill Building to deny the artist the right—that is the academic
freedom—to produce his work as he had envisioned it and as the public art
committee (acting as an oversight body and in effect a peer review process) had
commissioned him. Here we have a striking example of two
cultures—research science and visual art—facing off in a tense
stand-off, each invoking the principles of academic freedom.
The right to
do research and the right to do art exist, without question, as fundamental
aspects of the University’s mission, both protected by academic
freedom. But here is an example—not at all “academic”
but real and in our midst—in which two cultures, not to mention two
disciplines and ultimately a number of individuals, found themselves looking at
each other across a dismaying divide.
The issue is further complicated
because those representing the artist, who is not a member of the faculty, do
not, in some cases, have tenure. Therefore, they rely on the durable
tradition of academic freedom to assure their rights, not only their individual
rights but the right of public art to be commissioned and displayed, and by
extension, the right of the arts and humanities to comment on the work of the
sciences.
The good news about this impasse is that the people inside the
building and the artist and public art committee managed a long and ultimately
successful negotiation. They hammered out a plan in which the artist
agreed to make certain changes to his use of genetic material which made the
project less objectionable. The sculpture is now on display outside the
building.
The Mount Graham Observatory
The Mount Graham
Large Binocular Telescope project serves as another cautionary tale about the
disconnection sometimes seen between the liberal arts and the sciences at the
University of Minnesota. In overly stark and simplified terms, scientists
tend to see the Mount Graham project as a unique and critical opportunity for
basic research in astronomy while others regard it as an abuse of American
Indian rights.
As part of a consortium led by the University of Arizona,
Minnesota has a five percent interest in an observatory at Mount Graham.
Astronomy Department personnel are participating in the project, together with
colleagues from other institutions such as the University of Virginia. The
University of Minnesota contribution includes a $5 million grant from the
Hubbard Foundation. The program has been under consideration for several
years, and the Board of Regents approved the University’s participation in
October, 2002.
At the request of then-President Yudof in 2002, the Social
Concerns Committee of the University Senate considered the advisability of
University participation in the project. The Committee introduced a resolution
to the Senate in November 2003 calling for the University to abandon its
participation primarily because the observatory is located on land considered
holy ground by Native Americans. In Senate discussions, representatives
from the American Indian Studies Department and several Apache tribal
spokespersons, among others, spoke against the project. Representatives of
the Astronomy Department and other proponents responded that the land has been
managed by the federal government as a National Forest for many years, a leader
of one Apache tribe has apparently expressed support for the observatory
project, and portions of the site are already populated by summer
homes.
This issue demonstrates a conflict between astronomers, whose
research programs and professional careers depend on such facilities, and social
scientists and humanists, who see the facility as an assault on Native American
rights and, in terms that have been used in Senate discussions, as a symbolic
condoning of continued oppression. One side sees the professional careers of
many faculty members, the research reputation of the Astronomy Department, and
millions of dollars of research funding in jeopardy if this program were
overturned. The other side sees further erosion of Native American rights
that the University has an ethical responsibility to defend, and a direct
challenge to the work of the American Indian Studies Department, if the
University’s participation in the project continues.
At first
blush, the principle of academic freedom does not appear to apply unambiguously
in this situation, since, whatever the outcome, the ability of some members of
the academic community freely to pursue knowledge will be limited. But the
basic principle of respectful debate involving broad segments of the University
community in critical reflection on presuppositions of knowledge seems
especially apt here. So, too, do the principles of not doing harm and
recognizing responsibilities to society as obligations that may appropriately
limit research. Indeed, the Regents’ approval of this project established
obligations for the Astronomy Department.
IV. REAFFIRMATION
There is no question that academic
freedom demands our attention and support in this current atmosphere of change
and uncertainty. The first and essential step is to promote
awareness—among students, faculty, staff, administrators, Regents, and the
general public—of the salient value of this vital foundation of our
community. Academic freedom must be seen and practiced as a principle that
sets in motion a process to encourage open, critical inquiry that protects the
debate of ideas. It cannot—must not—claim closure on any
particular knowledge outcome, but it can and must sustain inquiry and creative
invention. Although provisional decisions may be made about truths,
academic freedom keeps open a space for contestation, and preserves the
opportunity to re-visit decisions in light of new ideas, new information, new
understanding. Although seemingly fundamental principles and truths may be
disputed, academic freedom demands that a culture of respectful debate
endures.
V. SPECIFIC RECOMMENDATIONS
Academic freedom is vital
but fragile, and therefore the University community must regularly examine the
mechanisms that help assure its continued health. Means to meet new
challenges must also be developed.
We offer some specific
recommendations below for action by the University now. Some of our
recommendations are targeted at the affirmative component of academic
freedom. They are intended to assist the University in preserving a
climate of vibrant, respectful, open debate of ideas. Other
recommendations deal more with the protective component, reflecting a concern
that individual academic personnel must be vigorously guarded against threats to
their academic freedom.
Modeling Disciplined Debate
University students, faculty, and the public are increasingly
exposed to undisciplined debate as the model for discussion of important topics.
The internet provides enormous amounts of information with a few keystrokes, but
the pursuit of truth involves much more than the acquisition of
information.
We encourage the University to consider a variety of options
for inviting students and the citizenry more generally to support, stimulate,
and nurture disciplined debate of ideas on campus and in the wider community.
These options might include, but should not be restricted to:
- Establish a debate series on campus, perhaps three a
year, where divisive topics of general importance are debated by experts from
opposing perspectives following rules of disciplined debate and analysis. These
debates should be enhanced whenever possible by drawing from the arts, in
addition to other disciplines on campus. Their impact would be enhanced by
radio and internet broadcast. Such a program should include a description
of disciplined debate and its links to academic freedom and the role of the
University in fostering such debate and in training young minds to question and
analyze information and perspectives.
- Ask the alumni association to work with the faculty in
creating forums and opportunities for discussion of issues relevant to academic
freedom. This might include written pieces for alumni publications and/or
creating popular versions of the discussions/debates for presentation to alumni
groups and others outside the University.
- Invite community-related programs such as the
“Compleat Scholar” to offer short courses that revolve around
disciplined debate.
- Provide funds to support “noon forums”
held in public areas where students and faculty are invited to discuss
“hot topics” of general, campus-wide concern. Topics about which
scholars disagree, such as the social significance of and remedies for obesity,
the consequences of gay marriage, and the values underlying stem cell research,
provide opportunities for the University community to be engaged and educated
about the issues themselves as well as the principles of academic freedom that
guide the debate.
- Encourage faculty to include a statement about the
rights and responsibilities of academic freedom in their syllabi. Encourage
departments to include longer statements in their graduate handbooks and Web
sites.
- Give information about academic freedom to parents
sending their children to the University. A brochure could explain the
tenets of this cornerstone of University life, and outline the opportunities it
creates for their children’s growth and development. This information
should include their children’s rights within a community devoted to the
values of academic freedom and it should include explanations of the obligations
of academic freedom and the concept of peer review. It should also include an
invitation for them to participate in the campus culture of disciplined debate,
perhaps giving a calendar of the coming year’s lectures and forums related
to controversial issues.
Curricular
Component
The University should develop a curriculum titled
Creation, Scrutiny, and Protection of Knowledge that could be adapted to
the content of many introductory courses. Students could be required to
take at least one course containing the module. Assignments (reading,
interviewing, observing), classroom activities (discussion, debate, role
playing, guest speakers), work-products (position papers, policy statements,
essays, videotapes, questionnaires, works of art) and assessment would be
established by a faculty work group and piloted to establish feasibility and
sustainability. Contemporary issues to be used could be suggested by a
course committee (including upper classmen and graduate students) prior to a
specific semester or could be selected by course directors according to their
interest. Specific attention would be paid to how academic work is
credited, critically scrutinized, and debated. The ethics of academic
freedom, we believe, is best taught through engagement of real examples and
problems related to course material. This curriculum would also address how
academic freedom relates to plagiarism.
Policies Concerning
Responsibilities
We believe that most faculty members have only vague
awareness of the tenets and obligations of academic freedom, and few have read
the defining documents. A systematic effort should be undertaken to increase
the awareness of academic freedom among faculty.
Specifically, two policies
that might usefully be adopted are to:
- send copies of academic freedom and tenure regulations
to all faculty when they are hired and at such time as they receive tenure at
the University.
- request that faculty recommended for promotion sign a
statement agreeing to uphold academic freedom regulations as a condition of
tenure, a policy already in place at the University of Illinois.
Strengthening Protections
Tenure remains a core
principle for protecting academic freedom. But tenure alone cannot be
assumed to provide all of the necessary protections, if only because a large
number of academic personnel today are not covered by tenure. Assuring
their academic freedom is crucial. We recommend that the University set in
motion a process of careful reflection on the status of protections, especially
for its untenured academic personnel. More specifically, we believe that
provisions should be strengthened for at least five categories of personnel,
each of which experiences distinct challenges to academic freedom:
- The editorial and directorial staff of the University Press, untenured
library employees, curators and directors of museums and galleries, and P&A
personnel involved in the administration of controversial programs. All of
these people perform important academic roles and contribute significantly to
the vitality of the intellectual life of the institution. They are not shielded
by tenure, but their work is sometimes the object of vigorous
attack.
- Adjunct and non-tenure track faculty often cannot effectively participate in
shaping the curriculum or other parameters of intellectual debate. When
and if they cannot, this is a limitation on their academic freedom. To the
degree that the teaching load is increasingly carried by members of the
community with such limited academic freedom, the institutional climate suffers
as well.
- Untenured faculty employed in tenure track lines can be stifled by the
powerful constraints of disciplinary orthodoxy, even if those constraints are
not consciously or intentionally established by senior faculty. This
challenge becomes increasingly problematic in the current era of extreme
specialization of knowledge. The University should be especially attentive
to the prevention of even subtle disciplinary orthodoxies restricting the
research programs of junior faculty. Untenured faculty whose research
relies on interdisciplinary work that crosses discipline boundaries or involves
emerging fields may be especially vulnerable to the orthodoxies of established
units.
- Particularly in times of war, international academic personnel may feel
restricted in their academic freedom out of concern for their ability to remain
in this country. The University should do everything possible to provide
assurance that a delimitation of open inquiry by national identity will be
vigorously resisted.
- Graduate students and some undergraduates actively involved in research for
regular faculty must be assured fair credit for contributions to the production
of new knowledge and creative work.
Coordination with Other
Universities
Recognizing new challenges of various kinds, the
University of Minnesota administration should initiate collaboration with other
institutions of higher education to affirm and defend academic
freedom.
University of Minnesota leaders should confer with their
counterparts at other universities to monitor and respond to the numerous
contemporary challenges to academic freedom. Specifically, they should
initiate conversations with their colleagues in such organizations as the
American Council on Education, the Association of American Universities, and the
National Association of State Universities and Land Grant Colleges. Unlike
professional organizations such as the Association of American University
Professors, which has created a Special Committee on Academic Freedom and
National Security in Times of Crisis, most of these institutional organizations
have not yet highlighted academic freedom as an area of central
concern.
At a minimum, the University community should, in our view,
reaffirm the Academic Freedom and Responsibility Statement adopted by the Board
of Regents on September 8, 1995, which reads, in part,
Academic Freedom is
the Freedom to discuss all relevant matters in the Classroom, to explore all
Avenues of Scholarship, Research and Creative Expression and to speak or write
as a public citizen without institutional Discipline or Restraint. Academic
Responsibility implies the faithful Performance of Academic Duties and
Obligations, the Recognition of the Demands of the Scholarly Enterprise and the
Candor to make it clear that the Individual is not speaking for the Institution
in Matters of public Interest. [Capitals in the original]
—Reaffirmed by the Task Force on Academic Freedom, April,
2004
REFERENCES
Act of 1862 Donating Lands for Colleges
of Agriculture and Mechanic
Arts.
[http://www.oardc.ohio-state.edu/www/morrill.html] accessed
10/27/2003
American Association of University Professors (2001).
Policy Documents and Reports, Ninth Edition. Washington, DC: American
Association of University Professors.
Bok, Derek (2003).
Universities in the Marketplace: The Commercialization of Higher
Education. Princeton, NJ: Princeton University
Press.
Cole, Jonathan R. (2003). “The Patriot Act on
Campus.” Boston Review, Summer, 2003.
Kellogg Commission on
the Future of State and Land-Grant Universities (2000). “Renewing
the covenant: Learning, discovery, and engagement in a new age and different
world.” Washington, DC: National Association of State Universities and
Land-Grant Colleges.
Kennedy, Donald (1997). Academic
Duty. Cambridge, MA: Harvard University Press.
Meyer,
J.H. (n.d.). “Transforming the land grant college of agriculture
for the twenty-first century.”
[http://www.adec.edu/clemson/papers/meyer2.html] accessed
10/27/2003
University of Minnesota Facts:
History
[http://www1.umn.edu/systemwide/factshistory.html]
Yudof, M.
(2001). “Who we are as a land-grant university in the 21st
century.” University of Minnesota Kiosk, February, 2001.
APPENDIX 1
The Development of Principles
of Academic Freedom
The AAUP’s 1915 Declaration of Principles on
Academic Freedom and Tenure spoke of academic freedom in three areas:
“freedom of inquiry and research; freedom of teaching within the
university or college; and freedom of extramural utterance and action.”
It singled out the modern university as a public institution, no matter what its
source of funding, intended to benefit the public. It distinguished the
university from “sectarian” or “proprietary”
institutions and urged that the latter “not be permitted to sail under
false colors.” Because, “[g]enuine boldness and thoroughness of
inquiry, and freedom of speech, are scarcely reconcilable with the prescribed
inculcation of a particular opinion upon a controverted question.... any
university which lays restriction upon the intellectual freedom of its
professors proclaims itself a proprietary institution . . . and the public
should be advised that the institution has no claim whatever to general support
or regard.”
The AAUP Declaration reflected a view of the
“academic calling” that linked responsibility to freedom. Its
authors asserted that a “conception of a university as an ordinary
business venture, and of academic teaching as a purely private employment,
manifests also a radical failure to apprehend the nature of the social function
discharged by the professional scholar.” The committee that wrote the
Declaration, which included University of Minnesota faculty member (and
subsequently Dean and President) Guy Stanton Ford, also observed that, “It
is not, in our opinion, desirable that men should be drawn into this profession
by the magnitude of the academic rewards which it offers,” asking instead
for “the assurance of an honorable and secure position, and of freedom to
perform honestly and according to their own consciences the distinctive and
important function which the nature of the profession lays upon
them.”
Simultaneous pressures for academic conformity at the time
of United States entry into World War I severely tested these principles.
Colleges and universities across the country were enlisted into the war effort
and many professors (including Guy Stanton Ford) joined the war propaganda
campaign. Opponents of the war, on campus and off, suffered. At the
University of Minnesota, the Regents interrogated Alfred Owre, dean of the
School of Dentistry and an avowed pacifist, and Professor William Schaper, head
of the Political Science Department, a signer of a telegram to President Wilson
asking that the U. S. stay out of the war. One Regent accused:
“You are the Kaiser’s man.” The Board sent Schaper from the
room and fired him. Two decades later the Regents reconsidered. In
1938, the Board recognized “with regret . . . that periods of national
crisis are characterized by widespread loss in social perspective and a strain
upon the values that prevail when conditions are more nearly normal,” and
voted a year’s salary for the professor, then at retirement age, who had
continued his academic career at the University of Oklahoma.
Only two
years later, the AAUP issued its 1940 Statement of Principles on Academic
Freedom and Tenure. After reaffirming its axioms—“Freedom in
research is fundamental to the advancement of truth,” “Academic
freedom in its teaching aspect is fundamental for the protection of the rights
of the teacher in teaching and of the student to freedom in learning,” and
academic freedom “carries with it duties correlative with
rights”—the AAUP stressed procedures in ways that incorporated new
ideas. Research should have “full freedom . . . in the publication
of results,” but “research for pecuniary return should be based upon
an understanding with the authorities of the institution.” College
professors speaking as citizens should be “free from institutional
censorship or discipline,” but “they should at all times be
accurate, should exercise appropriate restraint, should show respect for the
opinions of others, and should make every effort to indicate they are not
speaking for the institution.”
The AAUP’s stance proved
insufficient to the crisis of the Cold War. The University of Minnesota
administration refused to renew the appointment of philosophy instructor Forrest
Wiggins in 1951, despite the unanimous recommendation of his department, because
he had denounced the Korean War in ringing terms: “it is the
capitalists and militarists in the United States who want war.”
Physicist Frank Oppenheimer (brother of J. Robert Oppenheimer, civilian director
of the Manhattan Project) lost his job in 1949 in part for dissembling to
University administrators about his radical past but also because President J.
L. Morrill noted that Oppenheimer had appeared at a public meeting supporting
Henry Wallace for President.
Once again passions cooled. The Regents of
the University of Minnesota proclaimed in 1963 that academic freedom
“depends upon a completely free conversation. The student and the
professor must live in an atmosphere where questioning is encouraged; where
every alternative can be explored; where their free minds may be allowed to test
the validity of each idea, and where they feel free to follow wherever truth may
lead.” Their position seemed to synchronize with an evolution of
public attitudes toward free speech. The AAUP’s 1970 Interpretive
Comments on the 1940 document quoted a 1967 Supreme Court decision affirming
academic freedom: “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.” The AAUP added: “Controversy is at the
heart of the free academic inquiry which the entire statement is designed to
foster.” It also observed that the canons of academic freedom and
responsibility “apply not only to the full-time probationary and the
tenured teacher, but also to all others, such as part-time faculty and teaching
assistants, who exercise teaching responsibilities.”
What neither
the AAUP nor the University of Minnesota Regents have taken into account have
been the continuing consequences of the emergence of what Clark Kerr in 1963
called “the Federal Grant University,” namely the dependence of
researchers on direct federal appropriations and the university community upon
broader regulations enforced by the threat of withholding federal funds.
Whereas the academic profession and university administrators across the nation
have done much to secure academic freedom at academic institutions, they have
not confronted the challenge of potential conflicts between members of a college
community and the federal government on which they are heavily dependent
financially. Moreover, as the funding of universities has continued to change,
now increasingly drawing from institutions in the private sector, implications
for academic freedom should again be
reconsidered.
Land-Grant Mission and Academic
Freedom
Academic freedom at the University of Minnesota must be
understood in terms of its status as a land-grant institution. The Morrill Act
of 1862, which established land-grant universities, stated that the interest
derived from the land grant (120,000 acres in the case of the University of
Minnesota) was for “the endowment, support, and maintenance of at least
one college where the leading object shall be, without excluding other
scientific and classical studies, and including military tactics, to teach such
branches of learning as are related to agriculture and the mechanic arts, in
such manner as the legislatures of the States may respectively prescribe, in
order to promote the liberal and practical education of the industrial classes
in the several pursuits and professions in life.” Academic freedom was
not mentioned in the Act. Furthermore, state legislatures were given the
authority to “prescribe” the way in which their respective states
would implement the land-grant mandate.
The goal of this legislation was
to broaden the nature of higher education in the United States from the European
model that served the elite to a new model, dedicated to generating and
disseminating practical knowledge to a broad audience. Interpreters of the
Morrill Act speak of the covenant it created between the American people and
higher education (see Yudof, 2001). Justin S. Morrill, author of the Act,
was quoted as saying, “I would have learning more widely
disseminated.” The focus on dissemination has set the land-grant
universities’ tripartite mission of teaching, research, and
outreach.
The Morrill Act’s focus on agriculture and engineering
fit with the challenges facing the United States in the mid 19th century.
Although the Act’s emphasis on the creation and dissemination of practical
knowledge is still relevant, leaders in higher education identified the need to
update the interpretation for the 21st century. The Kellogg Commission on the
Future of State and Land-Grant Universities was constituted to address the
following question: “What are the responsibilities of public higher
education to the American people as the 21st century dawns?” (Kellogg
Commission, 2000, p. viii).
The report noted that the historic
“covenant between public universities and the American people has been
grounded in wide access, excellent curricula, research of value to people and
communities, and public governance and financing” (p. vii). Looking ahead
to the challenges of the 21st century, the Commission proposed that public
higher education needed to commit itself to seven elements of a new
covenant:
- Educational opportunity that is “genuinely
equal”
- Excellence in undergraduate, graduate, and
professional curricula
- Learning environments that prepare students to lead
and participate in a democratic society
- Complex and broad-based agenda for discovery and
graduate education that are informed by the latest scholarship and responsive to
pressing public needs
- Efforts to bring university resources to bear on
community, state, national, and international problems “in a coherent
way”
- Accountability for progress
- Monitoring of the Commission’s
recommendations.
They also argued that the terms
“learning, discovery, and engagement” described the 21st century
land-grant university’s mission more accurately than the traditional terms
“teaching, research, and service.”
The Commission wrote that
the public’s side of the covenant also needed to be updated, particularly
for the provision of state funding to stimulate community partnerships with
higher education. In contrast to national funding trends, they argued that
state government should provide “the lion’s share of basic
support” (p. ix) for public universities.
A recent survey of
twenty-three deans of land grant colleges of agriculture also highlighted the
need for renewal. As author James Meyer noted, “It is the faculty that
decides what to teach and what research to do. Academic freedom, which is to
find the truth and tell it, must be protected. On the other hand, this academic
freedom also empowers the faculty with great influence. It is important that
faculty stay in tune with current societal needs. They are the leaders of their
own teaching and research programs and as such are quite independent, and they
should be, because they are the powerhouse of society when new ideas are
needed.” One of Meyer’s suggestions for revitalization was
“knowledge of who benefits from the fruits of a mission-oriented academic
program is critical, and the mission should be consonant with the interests of
beneficiaries, patrons, and stakeholders.”
Although Meyer noted the
importance of protecting academic freedom, he also referenced a
“mission-oriented academic program” with beneficiaries and
stakeholders. Thus, the discussion of the new covenant for public universities
positioned academic freedom alongside accountability to the public.
If we
think of academic freedom as encompassing rights and responsibilities, writings
about the land-grant mission tend to emphasize the responsibility side of the
ledger more heavily than the side dealing with rights. This responsibility has
to do with the focus of the teaching (practical knowledge) and research (inquiry
that has direct benefit to the university’s stakeholders). “It is
the fundamental, inescapable obligation of public higher education to provide
broad student access, to conduct research, and to engage directly with society
and its problems - all in the service of advancing the common good”
(Kellogg Commission, 2000, p. 4). A proposed accountability measure included
“discovery and research agendas that are both, basic and applied,
theoretical and developmental, initiated by investigators and defined by
users” (Kellogg Commission, 2000, p. 11).
Stretching a bit, one
could say that support for academic freedom is implied in the initial
formulation of the land-grant mission insofar as its scope included “other
scientific and classical studies” along with the study of agriculture and
the mechanical arts. In its contemporary formulation, it is once again implied
because the covenant calls for excellence in the curriculum as well as
“complex and broad-based agendas for discovery and graduate education that
are informed by the latest scholarship” (Kellogg Commission, 2000, p.
viii). However, both the traditional and contemporary statements of the
land-grant mission assert an unmistakable responsibility to the citizens whose
resources make the activities of the University possible. In fact, this
responsibility is stated so clearly and strongly that academic freedom must be
considered within the context of the public good. Academic freedom is a
privilege and a responsibility to insure that the scholarship produced and
disseminated is of the highest quality. However, academic freedom within
land-grant universities does not grant license to ignore the needs of the public
in its activities.
APPENDIX 2In our work on this report, we
held hearings with and sought testimony from many members of the University
community to learn about views and understandings of the current state and
practice of academic freedom. Those sessions were invaluable to our
efforts. We want to acknowledge our debt to those who gave generously of
their time and insights.
Douglas Armato, Director, University of Minnesota
Press
Ragui Assaad, Professor, Humphrey Institute
Mark Becker, Dean,
School of Public Health
Timothy Brennan, Professor of Cultural Studies &
Comparative Literature
Mary Dietz, Professor of Political Science
Robert
Elde, Dean, College of Biological Science
Gary Engstrand, Coordinator,
University Senate
Sara Evans, Professor of History
Cathy Gillaspy,
Assistant Executive Director, Board of Regents
Neil Hamilton, Associate Dean,
University of St. Thomas School of Law
Nils Hasselmo, President, Association
of American Universities
Allen Isaacman, Regents’ Professor of
History
Qadri Ismail, Associate Professor of English
Robert Jones, Senior
Vice President for System Administration
Jeffrey Kahn, Director, Center for
Bioethics
Lyndel King, Director, Weisman Art Museum
Theodore Labuza,
Professor of Food Science & Nutrition
Wendy Lougee, University
Librarian
Judith Martin, Professor of Geography and Chair, Faculty
Consultative Committee
Christine Maziar, Senior Vice President for Academic
Affairs and Provost
Martin McDonough, Coordinator, University
Relations
Fred Morrison, Professor of Law
Mark Paller, Assistant Vice
President for Research, Academic Health Center
Mary Rumsey, Assistant
Librarian, Law Library
Abdi Samatar, Professor of Geography
Naomi Scheman,
Professor of Philosophy
E. Thomas Sullivan, Professor of Law
Craig Swan,
Vice Provost for Undergraduate Education
Christian Teyssier, Professor of
Geology & Geophysics
Catherine Verfaillie, Director, Stem Cell
Institute
APPENDIX 3Members of the Task Force on
Academic FreedomRaymond Duvall, Chair, Morse-Alumni Distinguished
Teaching Professor, Political Science, and Associate Director, Interdisciplinary
Center for the Study of Global Change
Harold D. Grotevant, Distinguished
Teaching Professor, Family Social Science, and Adjunct Professor, Institute of
Child Development
Megan R. Gunnar, Distinguished McKnight University
Professor, Rodney Wallace Professor for the Advancement of Teaching and
Learning, Institute of Child Development
Roland Guyotte, Professor of
History and Morse-Alumni Distinguished Teaching Professor of the Social
Sciences, University of Minnesota Morris
Patricia Hampl, Regents’
Professor and Distinguished McKnight University Professor, English
Robert
Hardy, Distinguished Teaching Professor, Veterinary Medicine
Thomas B.
Mackenzie, Distinguished Teaching Professor, Psychiatry
David Y. H. Pui,
Distinguished McKnight University Professor, LM Fingerson/TSI Chair in
Mechanical Engineering
Lanny D. Schmidt, Regents’ Professor,
Chemical Engineering and Materials Science
Sandra Ecklein, Analyst,
Office of the Senior Vice President for Academic Affairs and Provost, and Staff
to the Task Force
March 18, 2003
Professor Raymond Duvall (Academy of Distinguished
Teachers), chair
Professor Bianca Conte-Fine (Distinguished McKnight Professors)
Professor Harold Grotevant (Academy of Distinguished Teachers)
Professor Megan Gunnar (Distinguished McKnight Professors)
Professor Roland Guyotte (Academy of Distinguished Teachers)
Professor Patricia Hampl (Regents' Professors, Distinguished McKnight Professors)
Professor Robert Hardy (Academy of Distinguished Teachers)
Professor Thomas Mackenzie (Academy of Distinguished
Teachers)
Professor Ann Masten (Academy of Distinguished Teachers, Distinguished McKnight Professors)
Professor David Pui (Distinguished McKnight Professors)
Professor Lanny Schmidt (Regents' Professors)
Professor David Tilman (Regents'
Professors, Distinguished McKnight Professors)
Dear Colleagues:
We write to ask you to serve as a small task force to
consider current issues of academic freedom at the University. We will be
grateful if you will be willing to lend your time to this effort. Professor Bud
Duvall has agreed to serve as chair.
We would like you to consider, inter alia, the implications
of and responses to potential assaults on academic freedom experienced
nationwide. Examples include the attacks on the University of North Carolina
for the reading selections used in its new-freshman orientation program,
increased pressures on scientists for pre-publication review and approval by
federal agencies and restrictions on who can be involved in certain kinds of
research, potential use of "freedom of information" requests to
harass researchers, and assaults on research labs for genetic engineering and
for the use of animals in research. It is our view that the common use of the
phrase "academic freedom" may not be deeply considered until there is
actually an assault or potential assault on that freedom. We, in fact, may be
both in danger of and culpable for a lack of shared understanding of the
importance of academic freedom both within the academic community and in the
larger public that we ultimately serve. It is unsettling to contemplate that
there may be little understanding of the concept and its centrality to higher
education among students and their parents--even though those students must, in
the future, be the University's allies as it defends its role as a marketplace
for unpopular or novel ideas.
We would appreciate receiving from you, by the end of the
calendar year, a report and recommendations on what the University might do to
strengthen its commitment to and support for academic freedom, both on its own
campuses and nationally. What we hope would come from you is a concise,
thoughtful statement (perhaps a small "white paper") that defines the
importance of academic freedom at this point in the University's history.
As you reach what you believe might be the mid-point of your
work, we would be interested in joining you for a progress report and to learn
if there is any way we can lend further assistance.
Your work will be staffed by Sandra Ecklein in the Office of the Executive Vice President and Provost.
Please do not hesitate to contact either of us if you have
questions.
Cordially,
Dan Feeney, Chair, Faculty Consultative Committee
Christine Maziar,Executive Vice President and Provost
cc: President Robert H. Bruininks
Senior Vice President Frank B. Cerra
Interim Vice President David W. Hamilton
Faculty Consultative Committee