Academic Freedom

 Academic freedom is the freedom to explore all avenues of scholarship, research, and creative expression, and to reach conclusions according to one’s own scholarly discernment. It protects the ability of faculty and academic staff to discuss and debate scholarly opinions, present conclusions inside and outside the classroom, and speak or write on scholarly matters or public concern topics without institutional discipline or restraint. These principles enable faculty and academic staff to pursue their scholarly work freely, fostering an environment in which students can engage with diverse ideas, grow intellectually, and fully benefit from the educational process.

Freedom of speech is a U.S. Constitutional right that protects an individual's ability to express opinions or ideas without government interference. Academic freedom, on the other hand, is not an individual right held by everyone. It is a professional right specific to faculty and academic staff within higher education, and while widely recognized, it is not explicitly defined or mentioned in the First Amendment and Fourteenth Amendment.

Specifically, academic freedom protects the ability of scholars to explore ideas, challenge existing knowledge, and engage in critical inquiry without institutional discipline or restraint. Although the two concepts may seem similar, academic freedom is focused on the pursuit of truth and the educational mission of the university.

In short, freedom of speech safeguards personal expression, while academic freedom safeguards a scholar’s ability to teach, research, and inquire within their academic field.

While UW-Whitewater works to protect faculty and academic staff members’ rights to academic freedom, the American Association of University Professors (AAUP) has identified several national-level threats.

Some of these threats include:

• Pressure from donors or board members.
• Community backlash when teaching or researching content is considered “controversial”
• Conditions attached to donations or research funding
• Interference from state or federal legislation
• Target harassment
• Lack of procedural protections

This is not an exhaustive list, but these are a few of the threats to academic freedom that UW-Whitewater will continue to monitor closely. For more information, visit the AAUP’s Frequently Asked Questions on Academic Freedom webpage.

Yes, but in different ways from faculty and academic staff.

While academic freedom is a professional right held by faculty and academic staff, students benefit from similar freedoms within the learning environment. Students may raise questions, express relevant opinions or engage in academic dialogue, whether in class, during office hours or through coursework, without fear of being penalized for their viewpoints. Students are assessed on academic performance, not on whether their opinions align with those of their instructor.

If a student believes that a specific academic assignment (e.g. a paper or a project) was evaluated unfairly based on their viewpoint, they should follow the Student Grievance Procedure outlined in the Student Handbook. If a student believes their final course grade was evaluated unfairly due to their viewpoint, they should follow the Grade Appeal process.

 No. 

While instructors are only required to include statements on non-discrimination and mandatory reporting in their syllabi, they may also choose to include a statement regarding academic freedom.

The following statement can be used:

Academic Freedom

Universities of Wisconsin Regent Policy 4-21 defines academic freedom as the freedom to explore all avenues of scholarship, research, and creative expression, and to reach conclusions according to one’s own scholarly discernment. The policy defines freedom of expression as the right to discuss and present scholarly opinions and conclusions on all matters both in and outside the classroom. These freedoms include the right to speak and write on scholarly matters or on matters of public concern without institutional discipline or restraint. It is not the role of the university to attempt to shield individuals from ideas and opinions they, or others, find unwelcome, disagreeable, or even deeply offensive. Engaging with different ideas and perspectives helps students grow intellectually and is beneficial to the educational process. These principles carry responsibilities. All members of the university community share in the responsibility for maintaining civility and a climate of mutual respect.

For more information, visit the Syllabus Language policy on the Faculty Senate website.

 The Universities of Wisconsin’s Regent Policy Document 4-21 discusses the commitment to academic freedom and freedom of expression for all UW System students, employees, and visitors. Below is a statement on the system’s commitment to these freedoms.

“The Board of Regents of the University of Wisconsin System has a longstanding tradition of support for academic freedom, dating back to 1894 and the famous 'sifting and winnowing' statement contained in the University of Wisconsin Board of Regents’ Final Report on the Trial of Richard Ely. The Board of Regents of the University of Wisconsin System hereby reiterates its commitment to the principle of academic freedom and affirms its commitment to the principle of freedom of expression.

Academic freedom includes the freedom to explore all avenues of scholarship, research, and creative expression, and to reach conclusions according to one’s own scholarly discernment. Freedom of expression includes the right to discuss and present scholarly opinions and conclusions on all matters both in and outside the classroom. These freedoms include the right to speak and write as a member of the university community or as a private citizen without institutional discipline or restraint, on scholarly matters, or on matters of public concern. The UW System is committed to these principles and provides all members of the university community the broadest possible latitude to explore ideas and to speak, write, listen, challenge, and learn.

Of course, different ideas in the university community will often and quite naturally conflict. But it is not the proper role of the university to attempt to shield individuals from ideas and opinions they, or others, find unwelcome, disagreeable, or even deeply offensive. Although the university greatly values civility, concerns about civility and mutual respect can never be used as justification for closing off discussion of ideas, however offensive or disagreeable those ideas may be to some members within the university community.

The freedom to debate and discuss the merits of competing ideas does not mean that members of the university community may say whatever they wish, wherever they wish. Consistent with longstanding practice informed by law, institutions within the System may restrict expression that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or discriminatory harassment, that unjustifiably invades substantial privacy or confidentiality interests, or that is otherwise directly incompatible with the functioning of the university. In addition, the institutions may reasonably regulate the time, place, and manner of expression to ensure that it does not disrupt ordinary activities. But these are narrow exceptions to the general principle of freedom of expression, and it is vitally important that these exceptions never be used in a manner that is inconsistent with each institution’s commitment to a completely free and open discussion of ideas.

These principles carry responsibilities. Academic freedom carries the responsibility for the faithful performance of professional duties and obligations. All members of the university community at each of the institutions in the University of Wisconsin System share in the responsibility for maintaining civility and a climate of mutual respect. Although members of the university community at each institution are free to criticize and contest the views expressed on campus, they may not obstruct or otherwise interfere with the freedom of others, including speakers who are invited to campus, to express views they reject or even loathe. Freedom of expression also carries the obligation to make clear that when speaking on matters of public interest or concern, one is speaking on behalf of oneself, not the institution.

Each institution in the University of Wisconsin System has a solemn responsibility not only to promote lively and fearless exploration, deliberation, and debate of ideas, but also to protect those freedoms when others attempt to restrict them. Exploration, deliberation, and debate may not be suppressed because the ideas put forth are thought by some or even by most members of the university community (or those outside the community) to be offensive, unwise, immoral, or wrong-headed. It is for the members of the university community, not for the institution itself, to make those judgments for themselves, and to act on those judgments not by seeking to suppress exploration of ideas or expression of speech, but by openly and vigorously contesting the ideas that they oppose. Indeed, fostering the ability of members of the university community to engage in such debate and deliberation in an effective and responsible manner is an essential part of each institution’s educational mission.

Accordingly, the University of Wisconsin System Board of Regents expresses its expectation that the principles of academic freedom and freedom of expression will be upheld because today, as previously stated by Regents on September 18, 1894: “Whatever may be the limitations which trammel inquiry elsewhere, we believe the great state University of Wisconsin should ever encourage that continual and fearless sifting and winnowing by which alone the truth can be found.”

For more information, see Regent Policy Document 4-21: Commitment to Academic Freedom and Freedom of Expression.