Academic Freedom and the Law

Academic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. The
book outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A further chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research. The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general political and social topics unrelated to their work.

This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise.

Auteur

Eric Barendt is Emeritus Professor of Media Law at University College London.

Contenu

1. INTRODUCTION
   I. The Puzzle of Academic Freedom
   II. A Vulnerable Freedom
   III. The Scope of the Book
   
   2. WHAT IS ACADEMIC FREEDOM?
      I. Introduction
      II. Academic Freedom Distinguished from Freedom of Speech
      III. The Varieties of Academic Freedom Claims
      IV. Academic or Intellectual Freedom?
      V. Conflicts between Academic Freedom Claims
      VI. Academic Freedom as a Constitutional Value
   3. JUSTIFYING ACADEMIC FREEDOM
      I. Introduction
      II. The Case for Intellectual and Scientific Freedom
      III. The Case for Scholarly Freedom
      IV. The Case for Institutional Autonomy
      V. The Case for Academic Self-Rule
      VI. Conclusions
   4. ACADEMIC FREEDOM IN THE UNITED KINGDOM
      I. Introduction
      II. An Historical Account of Academic Freedom in the United Kingdom
      III. The Education Reform Act 1988
      IV. Individual Academic Freedom after 1988
      V. Institutional Academic Freedom after 1988
      VI. Conclusions
   5. ACADEMIC FREEDOM IN GERMANY
      I. Introduction
      II. The History of Scientific Freedom in Germany
      III. Interpreting Wissenschaftsfreiheit
      IV. Wissenschaftsfreiheit in Universities
      V. University Legislation
      VI. Recent University Reforms and Wissenschaftsfreiheit
      VII. Scientific Freedom Outside State Universities
      VIII. Conclusions
   6. ACADEMIC FREEDOM IN THE UNITED STATES
      I. Two Definitions of Academic Freedom
      II. Professional Freedom
      III. Constitutional Academic Freedom in the Supreme Court
      IV. Conflicts between Professors and Universities
      V. The Relationship between Professional and Constitutional Freedom
   7. RESTRICTIONS ON FREEDOM OF RESEARCH
      I. Introduction
      II. Licensing and Ethics Committees
      III. Academic Freedom and Intellectual Property Laws
      IV. Research Contracts
      V. Government Research Contracts and Advice
      VI. Freedom of Research and Data Protection
   8. ACADEMIC FREEDOM IN THE AGE OF TERRORISM
      I. Introduction
      II. UK Terrorism Laws
      III. Academic Freedom in the United States after 9/11
      IV. Conclusions
   9. FREEDOM OF EXTRAMURAL SPEECH
      I. The Problem of Extramural Speech
      II. Should Academic Freedom Cover Extramural Speech?
      III. UK Law
      IV. US Law
   10. THE CHRIS BRAND CASE
       I. Events before the Tribunal Hearings
       II. The Tribunal Hearings and Report
       III. The Principal's Decision and the Appeal
       IV. The Unfair Dismissal Claim
       V. Assessment of Academic Freedom Aspects