Resolving Enmity Between Academic Freedom and Institutional Autonomy
Education Partner Nathan Adams wrote an article on resolving the tension between academic freedom and institutional autonomy for the Journal of College and University Law, an online publication from the National Association of College and University Attorneys (NACUA). In his article, Mr. Adams explores the conflict between the notions of academic freedom as used by faculty and institutions, and he contends that as a constitutional doctrine, it is "in shambles," lacking any independent test and often over-utilized. He argues that if academic freedom is a constitutional liberty, it must be separated from institutional academic autonomy and it must be used to expand the marketplace of ideas. His article outlines the origins of academic freedom, explores modern constitutional law regarding the freedom to teach and the freedom to learn, and explains why academic freedom should be seen as a constitutional norm distinct from institutional autonomy.