Academic Freedom - Relationship To Freedom of Speech

Relationship To Freedom of Speech

Academic freedom and free speech rights are not coextensive, although this widely accepted view has been recently challenged by an "institutionalist" perspective on the First Amendment. Academic freedom involves more than speech rights; for example, it includes the right to determine what is taught in the classroom. In practice, academic freedom is protected by institutional rules and regulations, letters of appointment, faculty handbooks, collective bargaining agreements, and academic custom.

In the U.S., the freedom of speech is guaranteed by the First Amendment, which states that "Congress shall make no law... abridging the freedom of speech, or of the press...." By extension, the First Amendment applies to all governmental institutions, including public universities. The U.S. Supreme Court has consistently held that academic freedom is a First Amendment right at public institutions. However, The United States' First Amendment has generally been held to not not apply to private institutions, including religious institutions. These private institutions may honor freedom of speech and academic freedom at their discretion.