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Neal Hutchens and Frank Fernandez on Academic Freedom in Higher Ed

March 21, 2023

Thomas Hutton, J.D.

@NealHutchens and @FrankFernandez have a piece in Inside Higher Ed in which they argue that the First Amendment protects the academic freedom of university professors and instructors, regardless of how First Amendment law applies to K-12 teacher speech under the Supreme Court’s decision in the 2006 case of Garretti v, Ceballos. They also say universities succumbing to encroachments upon academic freedom by state politicians must live with the consequences, such as for accreditation and funding for which robust academic freedom is a condition. Here are their full articles in the Journal of College and University Law and Penn State’s Dickinson Law Review. Thanks to @SusanBon for flagging the piece on ELA’s LinkedIn group.

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