NCAC - National Coalition Against Censorship

"Liberty without learning is always in peril and learning without liberty is always in vain."

- President John F. Kennedy

In the United States, academic freedom enjoys some degree of protection under the First Amendment, as an essential element of a democratic society. For example, in 1957, in Sweezy v. New Hampshire, the Court declared:

The essentiality of freedom in the community of American universities is almost self-evident. No one should underestimate the vital role in a democracy that is played by those who guide and train our youth. To impose any strait jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation.... Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.

These sentiments apply as well in public school settings (Keyishian v. Board of Education, 1967):

Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom. “The vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.” The classroom is peculiarly the “marketplace of ideas.” The nation’s future depends upon leaders trained through wide exposure to that robust exchange of ideas which discovers truth “out of a multitude of tongues, [rather] than through any kind of authoritative selection.

Academic freedom, in its broadest sense, is “the freedom of teachers and students to express their ideas in school without religious or political or institutional restrictions.” WordNet ® 2.1, © 2005 Princeton University. A more expansive definition and defense was articulated by Justice Frankfurter, in the Sweezy case:

[Academic freedom] means the exclusion of governmental intervention in the intellectual life of a university. It matters little whether such intervention occurs avowedly or through action that inevitably tends to check the ardor and fearlessness of scholars, qualities at once so fragile and so indispensable for fruitful academic labor..... It is the business of a university to provide that atmosphere which is most conducive to speculation, experiment and creation. It is an atmosphere in which there prevail `the four essential freedoms’ of a university -- to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study.

Although academic freedom is related to freedom of speech under the First Amendment, the two are not co-extensive. First, the First Amendment applies only to public schools, colleges and universities, which are legally deemed to be “state actors.” Nonetheless, most institutions of higher education endorse some notion of academic freedom, which applies as a result of contractual arrangements, bargaining agreements, or historical understandings.

The American Association of University Professors is the organization most engaged in exploring and elaborating on the meaning and application of academic freedom rights in this country, and has published a series of position papers and other statements over the years applying the principles in various contexts. See http://www.aaup.org/com-a/index.htm

Within both public and private institutions, there is uncertainty and debate over whether the right to academic freedom is a right enjoyed by faculty, students, the institution itself, or some combination of the above. Depending on circumstances, all participants in the academic community may claim rights, and their claims are sometimes inconsistent with one another. For example, some organizations assert that students have rights of academic freedom that, if accepted, conflict with the academic freedom rights of faculty. In still other situations, courts have concluded that academic freedom rights belong to the institution, not the individual. Even when the right clearly exists, it’s reach and scope can be the subject of debate For example, academic freedom does not convey unfettered license on faculty, who are still required to present necessary course content as determined by the academic institution that employ him/her. Controversies often arise over controversial statements by faculty members outside the classroom setting, and by unorthodox teaching. In recent years, efforts to achieve “civility” on college campuses has resulted in so-called “speech codes,” that may infringe both academic freedom and free speech.

» May 15, 2008 – NCAC files brief in opposition to "Ideological exclusion" clause in USA PATRIOT ACTNCAC and nine other academic and free expression groups filed an amicus brief in an important free speech and academic freedom case now pending in the Second Circuit Court of Appeals. The case involves a provision of the USA PATRIOT ACT which allows the government to deny a visa to anyone who, in the government's judgment, "endorses or espouses terrorist activity or persuades others to endorse or espouse terrorist activity or support a terrorist organization." According to the government, this broad grant of authority is necessary to prevent the "irresponsible expressions of opinion by prominent aliens." This "ideological exclusion provision" thus gives the government license to prevent foreigners from entering the United States if the government thinks their views are "irresponsible." A plaintiff in the case, Tariq Ramadan, is a respected Muslim academic and theologian from Switzerland who was denied entry into the United States after he had been offered, and had accepted, a tenured position at the University of Notre Dame. The exclusion of scholars such as Ramadan seriously infringes academic inquiry and public debate about critical foreign policy issues and is inconsistent with the basic premises of our constitutional system.

» September 17, 2007 - Erwin Chemerinsky and the Post-9/11 Attack on Academic Freedom Marjorie Cohn examines trends and incidents that put freedom of inquiry at risk in the nation's universities. An aversion to controversy has resulted, she argues, in a less friendly environment for debate and for different viewpoints at institutions of higher learning.

» September 17, 2007 - AJC Spearheads Statement in Opposition to Academic Boycott Nearly 300 University presidents have signed a statement denouncing the decision by the union representing British academics to promote a boycott of Israeli educational institutions.

» Art Institute of California-San Francisco Pulls Student Magazine Out of Circulation

In December 2006, a student magazine prepared as the final project for a cultural studies course at the Art Institute of California in San Francisco (a privately owned college), was pulled from circulation by the Institute’s administration . The magazine included two items that the administration found objectionable: an artwork depicting corporate logos (one of which was for Goldman-Sachs, the Institute’s owner) overlaid with the words “organized crime” and a short story featuring three African-American males who use racially charged language and go on a rape and killing spree.

» Hampton U. in Hot Water Again: Professor Resigns Over First Amendment Concerns Less than a year after Hampton University made news when the administration threatened to expel several students for a demonstration on campus, the Virginia university is in the news again ...

» March 2, 2006 - Colorado Teacher Disciplined for Expressing Political Views in the Classroom Over 100 students at Overland High School in Aurora, CO, walked out of class to protest disciplinary action against teacher Jay Bennish.

Summer 2005 - Plainsong Removed From Classroom use in Las Vegas High School
Seniors at Sierra Vista High School in Las Vegas, Nevada must have been confused when their English teacher took away books they were still reading: Kent Haruf's acclaimed novel, Plainsong. At issue was a brief sexual passage. Without submitting challenges to the novel to a review committee, the assistant principal ordered the teacher "collect all the books, box them up and put them away immediately."

» February 15, 2005 - Professor Disinvited from Speaking Engagements for Expressing Views on 9/11 Hamilton College, in Clinton, NY, cancelled a talk by University of Colorado Boulder Professor Ward Churchill because of threats of violence. Wheaton College in Norton, Mass., and Eastern Washington University, where Churchill was also scheduled to speak, followed suit. The anger directed at Churchill is based on views he expressed in an essay published three years ago, in which he suggested that the 9/11 attacks were retribution for U.S. foreign policy, for which the victims shared some responsibility, and particularly for his use of the phrase, "little Eichmans," to refer to WTC victims.
Related:» Ward Churchill's essay: Some People Push Back » Ward Churchill Responds to Criticism of "Some People Push Back" » Joint Letter Protesting University of Colorado's Response to Churchill Controversy

»February 10, 2005 - Ohio Debates Adopting Academic Bill of Rights for Colleges Ohio is the latest state to encounter proposed legislation to adopt an "academic bill of rights" for colleges and universities. Contrary to what the name suggests, the proposal would restrict, not enhance, academic freedom and intellectual activity.
Related: » First Amendment Groups Oppose Academic Bill of Rights for Higher Education » Academia Assailed: Conservatives Seek "Balance"

Fall 2004 - New Mexico Teacher Sues School District for his Dismissal and Wins
Bill Nevins, a New Mexico teacher, sued the Rio Rancho School District for not renewing his contract after his students read anti-Iraq war poetry in class and in public. Although the district claimed Nevins was not rehired for other reasons, he won a $205,000 settlement.

» July 22, 2004 - California Court Upholds Student Poet's First Amendment Rights The California Supreme Court unanimously overturned the conviction of a 15-year old Santa Clara County student who was imprisoned for writing a poem with violent themes.

Summer 2004 - Colorado Teacher Fired for Assigning The Diary of Anne Frank
At Fowler High School in Fowler, CO, first-year teacher Sara McCleary was not rehired because she assigned to ninth-grade English students The Diary of Anne Frank. After a parent objected to a sexual reference, the School Board terminated her contract and removed the book from classrooms, leaving a single copy in the library.

Summer 2004 University of North Carolina, Chapel Hill Tempers Critics by Not Assigning Controversial Readings for Incoming Students
For two summers in a row, the University of North Carolina at Chapel Hill weathered criticism of its reading assignments for incoming students. First, UNC faculty chose Approaching the Qur'an, and the following year it selected Barbara Ehrenreich's Nickel and Dimed. Both elicited protest-albeit for different reasons-and embroiled the University in controversy, including a law suit, in which UNC ultimately prevailed. This year's summer reading assignment is David Lipsky's Absolutely American, which follows cadets at West Point-undoubtedly an engaging book, but query why it was selected. Did UNC decide to play it safe? Are other schools doing so?

April 12, 2004 - Free Speech Authors And Groups Condemn Government Restrictions On Free Flow Of Information
In Fall 2003, the Office of Foreign Assets Control of the Treasury Department issued an opinion that trade embargoes against countries such as Iran, Cuba, Iraq, Libya and Sudan prohibit publishers from editing scientific and literary manuscripts by residents of those countries and restrict other academic and intellectual collaborations. Free Speech proponents are pushing for the elimination of these restrictions.
Related:» Treasury Department Responds to Lawsuit by Changing Its Regulations to Permit the Publication of Books & Journals from Authors in Sanctioned Countries » Restrictions Remain on Collaborating and Editing Foreign Scripts

» March 4, 2004 - First Amendment Proponents Protest Congressional Efforts to Supervise Area Studies Programs HR 3077, the International Studies in Higher Education Act of 2003, passed by a voice vote in the House of Representatives in fall 2003. §633 of the legislation establishes an International Advisory Board, and raises serious issues because of its potential to suppress certain views, chill dissent, and restrict academic discourse.
Related:» Congress Threatens Middle East Studies

February 2004 - Drake University Subpoenaed by FBI After Holding Antiwar Conference
The FBI's Joint Terrorism Task Force subpoenaed Drake University in Des Moines, Iowa to obtain records of the university chapter of the National Lawyers Guild, after the chapter sponsored an antiwar conference, Stop the Occupation! Bring the Iowa Guard Home! Expressions of widespread outrage forced the withdrawal of the subpoenas. The Guild has requested Congressional hearings into FBI investigations of campus political activities.

» April 18, 2003 - Amendment to Kansas State Budget Would Cut Funds for Schools That Buy "Obscene" Videos The amendment to the 2003/04 Kansas State budget would eliminate funding for the School of Social Welfare at the University of Kansas, as well as for any academic unit that purchases "obscene" videos for educational purposes.
Related:» National Organizations Oppose Interference of the Kansas State Legislature in Academic Affairs

March 10, 2003 - Teacher in Brooklyn Disciplined for Assigning "Pornographic" Book
A veteran English teacher at Brooklyn Technical High School, Todd Friedman, was disciplined by his principal, Dr. Lee McCaskill, for assigning Russell Banks's highly acclaimed novel, Continental Drift, to a student for supplemental reading. A parent called the book "pornographic" and Dr. McCaskill took unilateral action, putting a warning letter in the teacher's file. The controversy went to conciliation after which the principal ruled that all teachers must seek approval from the assistant principal before teaching books which have not "previously been approved."

The ruling stifles academic freedom. It prevents teachers from exercising their professional expertise and selecting materials they consider pedagogically valuable. It chills their creativity and lowers their morale. The losers are the students whose intellect will no longer be challenged by teachers seeking to enrich the curriculum.
Related:» NCAC Letter to New York City Department of Education Chancellor » NCAC Follow-up Letter to the State Education Department

» January 17, 2003 - University of California, Berkeley Chancellor Overrides Previous Censorship Decision University of California, Berkeley Chancellor Berdahl affirmed the University's commitment to academic freedom by overriding a previous decision to censor a fund-raising appeal for the Emma Goldman Papers Project.

» January 8, 2003 - New York "Sanitizes" Passages in Language Arts Exam Numerous passages in the New York State English Language Arts Regents exam were altered to remove references to race, religion, ethnicity, sex, nudity, and other things that might be considered "offensive."
Related: » Joint Press Release on "Sanitization" of Literature on Regents Exam
» NCAC Letter to New York State Commissioner of Education » Response from the Board of Regents to NCAC's Letter » Joint Follow-up Letter Regarding Alteration on Regents Exam » Examples of Literary Works Altered on Language Arts Exam » Written Testimony of NCAC Executive Director on Censorship on Regents Exam » How You Can Respond to Censorship of Literature in NY Regents Exams » A Scholar's View of the Regents Censorship Controversy

Winter 2002 - Wisconsin H.S. Bans Acclaimed Novel, Calls It Pornography
When Pat Conroy's critically-acclaimed novel, The Lords of Discipline, was criticized as "literary pornography," the Superintendent at Southwest High School in Green Bay, Wisconsin banned it from an advanced language arts class. He then instituted policies for book selection, alternative reading, and parent notification. One student wrote that most students could "see past the words on a page and understand the meanings behind them. The few students who could not do this should not be forced to read books like The Lords of Discipline, but their peers should not suffer the consequences." However, student opinions were not only ignored by the Board, they were ridiculed by some parents.

Winter 2002 - Of Mice and Men Challenged in Michigan School for Using Words Barred by School Handbook
John Steinbeck's Of Mice and Men was challenged at a high school in Grand Valley, Michigan by parents who complained that the novel contains words and phrases students are prohibited from using by the school official handbook. The school district rejected the request for banning, explaining why the classic novel is widely taught, how students are prepared to read the book, and that parents may ask for alternative reading.

Summer 2001 - Of Mice and Men Production Canned at Atlanta High School
A production of John Steinbeck's classic, Of Mice and Men, was canceled by the principal of Dacula High School near Atlanta, GA after the cast refused to cut profanity and racial language from the play-an option that student Matt Maher likened to "taking a Sharpie to Picasso." The Belladonna Repertory Company donated its theater for the students to produce the play, uncensored.

» Summer 2001 - Advertisement Draws Fire from College Students Conservative activist David Horowitz drew fire from students across the country for his add that stated his opposition against reparations for descendants of slaves. The ad ran in student newspapers, many of which were destroyed by students who considered the ad racist.

Spring 2001 - Federal Court Restores First Amendment Rights to Kentucky State University
A welcome decision from the federal Appeals Court for the Sixth Circuit in Kincaid v. Gibson restored First Amendment rights to Kentucky State University and other college students. The University violated the First Amendment when they confiscated the student yearbook, The Thorobred, for content and quality, said the court. The 10-3 ruling by a panel of judges, overturns an earlier decision by a divided 3-judge panel which mistakenly applied to the University the Hazelwood v. Kuhlmeier standard which grants broad censorship powers to high school administrators.

» January 2001 - Academic Freedom Bites the Dust The Supreme Court declined to review a sweeping decision from the U.S. Court of Appeals for the Fourth Circuit that essentially denied state-employed professors any First Amendment right to academic freedom.

» April 28, 2000 - Harding University Disinvites Author After Reading Her Novel Based on Gay Man's Murder When Harding University invited author Bette Greene to speak on their campus, they may have been aware of her novels Summer of My German Soldier and Philip Hall Likes Me, but they may not have known about The Drowning of Stephan Jones, a book that was inspired by the murder of a gay man. Could this have had something to do with why the school disinvited Ms. Green from her speaking engagement?
Related:» The Harding Response

» April 2000 - Huck Finn Remains a Staple Novel in Oklahoma High School
A school board in a school district in Enid Oklahoma voted, 6-to-1, to retain The Adventures of Huckleberry Finn on the required reading list for high school juniors. A school district committee had earlier recommended its removal following a complaint filed by a group of black ministers.

Spring 2000 - Court Says Schools May Collect Activity Fees to Fund Campus Groups Some Students Oppose
In a unanimous decision, the Supreme Court ruled that public colleges and universities can collect mandatory student activity fees that finance campus groups some students oppose, if the program is viewpoint neutral, settling a controversy that has long troubled campuses across the nation. The case was brought by self-described conservative Christian students who claimed that the University of Wisconsin's policy violated their free speech and free association rights. Similar challenges have been brought in state or federal courts for many years by students seeking to keep their money from supporting gay or abortion rights, environmental or other political or ideological causes.

» January 2000 - English Teacher Threatened with Dismissal for Promoting Banned Books
A teacher in Harrisonburg, Virginia was threatened with dismissal for posting a pamphlet about book censorship. A parent objected to the slogan, "Read A Banned Book."

Summer 1999 - Creationists Seek to Ban Evolution in Kansas Curricula
In a new twist in the battle against evolution, creationists in Kansas hope to convince the Board of Education to drop evolution from the curriculum. Since it is unconstitutional to teach religious theory in the schools, creationists argue, evolution must also go. Shades of Isaac Asimov, who punned: "I'd let them teach creationism in the schools if they let us teach evolution in the churches."

» Spring 1999 - Academic Freedom Survives Court Battle Nassau Community College in New York won a lengthy battle over a popular human sexuality course when a federal district judge rejected efforts to eliminate the course.

Spring 1999 - Creative Writing Teacher Fired For Not Censoring Her Students' Writings
The Supreme Court has declined to hear teacher Cissy Lacks' appeal. It is the end of the legal options for the 25-year, award-winning Missouri teacher who was fired for allowing students to use real life language in her creative writing classes. Ms. Lacks originally succeeded in her claim and was awarded $750K by the trial court, but that decision was overturned by the Eighth Circuit Court of Appeals in June 1998.

» Winter 1998 - Brooklyn Teacher Assigned Nappy Hair, Accused of Being Racially Insensitive A well-intentioned third-grade teacher, who happens to be white, gave her mostly black and Hispanic students a critically praised book about a black girl with kinky hair. So who did the school authorities choose to investigate first? The well-meaning teacher, or the foul-mouthed, harm-threatening parents? The teacher, of course.

Summer 1998 - Sex-related Words Banned From Use in New York City School DIstrict
Abortion, contraception, homosexuality and masturbation are words that aren't discussed in New York City's Community School District 24. The Board adopted a policy in 1987 to delete those words from curriculum materials. "Ask your parents," is District 24's pedagogical response to kids' questions. Now a Board member says the policy is too lenient and wants to ban all mention of those subjects anywhere on school grounds.

Winter 1997 - Levittown, New York Superintendent Approves One Fat Summer for Classroom Use
One Fat Summer by Robert Lypsyte was restored in the Levittown, New York public schools. The book was removed as required reading after a complaint about violence and vulgarity, but the suprerintendent has informed faculty that "the book has not been removed for content and, indeed, may well be appropriate for use in other courses such as English literature, ethics, psychology, health, or in a lower level developmental reading class." He also assured teachers that they are free to choose books that meet developmental guidelines.

Winter 1997 - Court Rules that Censorship of College and University Press is Consitutional
A federal district court in Kentucky ruled that the censorship of student press by high school officials, which was permitted by the Kuhlmeier v. Hazelwood Supreme Court decision in 1988, allows for censorship of college and university press as well. At issue was the confiscation of yearbooks at Kentucky State University and removal of the faculty advisor by administrators critical of the yearbook's content. The ruling, Kinkaid v. Gibson, represents a severe threat to college student press and First Amendment rights and will be appealed by the Kentucky students.

Winter 1997 - Vonnegut's Slaughterhouse Five Withstands Challenge in Pecos, Texas Schools
In Pecos, Texas, Kurt Vonnegut's Slaughterhouse Five, taught in an accelerated high school English class, was called "objectionable" after similar challenges to Morrison's Beloved, Hinton's The Outsiders, and Golding's Lord of The Flies. School board members apologized for hearing the complaint prematurely, after the English Department chair described the devastating effect on intellectual development when works of literary merit are removed for containing some "objectionable" words.

Summer 1997 - Ban on Of Mice and Men Lifted at Illinois Middle School
The Peru, Illinois School Board lifted the ban on John Steinbeck's Of Mice and Men, permitting 8th-grade teacher Dan Brooks to continue its use through this school year while the school board initiates formal curriculum selection policies. Brooks had been ordered to stop teaching the book he had taught for 13 years after anonymous complaints were received by the principal.

» Spring 1997 - Teacher Dismissed For Showing Film About Fascism Reinstated by Court Ruling The Colorado Court of Appeals ordered the Jefferson County School Board to reinstate the high school teacher they had fired for teaching Bertolucci's film, "1900." Alfred Wilder, an English teacher for 25 years, was dismissed for not obtaining prior approval to show the film about fascism, considered an epic, in his logic and debate class, and for other alleged infractions.

» Fall 1996 - New Hampshire Teacher Fired for Teaching "Unsuitable" Books Reinstated by School Board A New Hampshire teacher who fought back against attempts to smear and ultimately fire her, has been reinstated by the Mascenic School Board following a decision of the state's Public Employee Labor Relations Board.

» Summer 1996 - Schools Found Liable for Censorship Damages A school teacher in Rib Lake, Wisconsin, who was dismissed for criticizing the school board's banning of Judy Blume's novel Forever, has won an award of almost $400,000, over half of which the school district has been ordered to pay.
Related:» Will Rib Lake Face Censorship Forever? The school district that was fined for its censorship actions surrounding Judy Blume's book Forever, now has a library aide who has requested that the district cancel its subscription to Rolling Stone magazine. The aide has already cut out words and pictures she found objetionable in Mademoiselle and Glamour magazines.