ICYMI: Ending Academic Freedom

Indiana and Florida now insist on the government’s right to tell professors in state universities what they can and cannot say. New laws restrict academic freedom in both states.  Indiana’s attorney general, Republican Todd Rokita, argues that “The curriculum used in state universities and instruction offered by state employees” is “state speech,” and professors “have no right to control how the State speaks.” A right-wing attorney hired by Florida to defend its 2022 Stop Woke Act in court took the argument to its logical conclusion: professors can be forbidden from criticizing the government. Inside Higher Ed reported: 

“One of the three judges on the [11^th Circuit Court of Appeals] panel, a Donald Trump appointee, later asked a question that showed how far Cooper’s argument could extend. The judge posed a hypothetical about how much the state could limit classroom teaching if the judges were to accept Cooper’s arguments: ‘Could a legislature prohibit professors from saying anything negative about a current gubernatorial administration?’

“Cooper replied: ‘I think, your honor, yes, because in the classroom the professor’s speech is the government’s speech and the government can restrict professors on a content-wide basis and restrict them from offering viewpoints.’”

While both Florida and Indiana laws are being challenged in court, the states insist that the First Amendment does not apply to public universities. The Republican state administrations do not recognize academic freedom and are trying hard to remove tenure protections. 

In the past, the Supreme Court has recognized First Amendment protection for academic freedom. Whether this current court will continue to do so is anybody’s guess. 

For more on the current threats to academic freedom and to higher education:

• Florida has launched an “unparalleled” assault on higher education (Vox, 6/2/2023)
• Preliminary Report of the Special Committee on Academic Freedom and Florida (AAUP, 5/24/2023)
• Fla.’s Stop Woke Act Remains Stymied (Inside Higher Ed, 3/16/2023)
• Florida Argues It Could Stop Professors From Criticizing Governor (Inside Higher Ed, 6/21/24)
• Indiana Argues Professors Lack First Amendment Rights in Public Classrooms (Inside Higher Ed, 8/14/24)