The First Amendment, as interpreted by the courts, simply does not protect academic freedom to the extent that many faculty believe it does.

FIRE reports.

Study: Faculty Should Mobilize for an Academic Bill of Rights

A recent study by Michael LeRoy, a professor of labor and employment at the University of Illinois Urbana-Champaign, details how a great many college professors have learned the hard way that free speech is a broader concept than application of First Amendment doctrines. An analysis of 210 lawsuits, all involving First Amendment claims by professors and college instructors against public colleges and universities, found that faculty members lost nearly 75% of the time. These cases involved such hallmarks of academic life as academic publishing, engagement in campus protests, social commentary, and campus criticism.

“If you look at the trend lines, the speech rights of public employees are narrowing—and, coincidentally, this is occurring when public speech via social media has become so much more prevalent,” LeRoy observes. Precariously, “courts and faculty are essentially on two different pages regarding constitutional rights.” The First Amendment, as interpreted by the courts, simply does not protect academic freedom to the extent that many faculty believe it does.