Academic Freedom and the Law

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

Eric Barendt ... has produced an authoritative and interesting work on a neglected matter of profound significance and occasional newsworthy topicality. He provides a scholarly but readable 'critical analysis of the law relating to academic freedom' The coverage is bang up-to-date [and] he approaches what can be an emotive issue ... in a calm and common-sense way Barendt should be commended for shining a bright light into a murky but important area of law. David Palfreyman Oxford Magazine No 312, Second Week, Trinity Term, 2011 Academic Freedom and the Law ... deals with comparative legal protections of academic freedom in an accessible and engaging manner that will be of interest to academics both inside and outside law faculties. Barendt's discussion of these different contexts is sophisticated and informative and will surely invite awareness of different issues than any one academic will have been exposed to in his or her own disciplinary context. Those contemplating proposed legal protections of academic freedom or negotiating collective agreements having articles on academic freedom would do well to consider seriously Barendt's discussion of different implications of different versions or forms of protection. Dwight Newman Canadian Assocation of University Teachers Bulletin April 2011

• 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