Academic Freedom at American Universities - by Philip Lee (Hardcover)

About the Book

Lee argues that the dominant constitutional analysis of academic freedom is insufficient to protect the full range of academic freedom interests that have emerged over time. As an alternative to an exclusively First Amendment foundation for this freedom, it proposes for a cont...

Book Synopsis

Lee argues that the dominant constitutional analysis of academic freedom is insufficient to protect the full range of academic freedom interests that have emerged over time. As an alternative to an exclusively First Amendment foundation for this freedom, it proposes for a contract-law-based conception specifically for professors.

Review Quotes

In Academic Freedom at American Universities Philip Lee skillfully details how conceptions of academic freedom in higher education have developed over time. Further, he proposes a stronger legal defense of academic freedom, based in contract law. This book is a must-read for anyone interested in legal, historical, and political issues around academic freedom in higher education.

In Academic Freedom at American Universities, Philip Lee provides an exhaustively researched and accessible history of the development of the principle of academic freedom.... Lee's study reminds us how important it is for individual faculty and faculty associations to remain steadfast in their commitment to including strong academic freedom language in university policies and collective agreements.

Philip Lee makes a major and welcome contribution to the burgeoning literature on academic freedom through his current and cogent analysis of major court cases. He devotes special and justifiable attention to the singular role of the American Association of University Professors, which providentially observes its centennial this very year. The constitutional evolution of academic freedom which Lee traces through the past century also receives meticulous understanding in the broader context of higher education law and policy. Perhaps most notable is a concluding chapter which uniquely addresses contract (rather than constitutional) law as an alternative basis for protecting free expression on the university campus.

Philip Lee presents a convincing case for transforming higher education with respect to protecting and encouraging true academic freedom of professors. . . .Professor Lee's research demonstrates substantial mastery of the subject matter and relevant materials. . . .Lee's work evidences careful scholarship. . . .The author's writing style is consistently clear and engaging - no mean feat considering the rather technical and procedural materials encompassing much of this book. Philip Lee's Academic Freedom at American Universities presents an important argument for an alternative - contract law - foundation for professorial freedom in the academy. I recommend the book as a valuable resource for all public and private higher education institutions, particularly their faculty and executive administration.

Philip Lee's fascinating book covers more than a century of threats to professors for writing and speaking their minds, and it is a frightening journey, especially when one sees how many of these cases are current and old wine in new skins. Being a critical professor is not for the faint of heart, and it is sobering to see how the protection accorded faculty is shrinking. I have taught many of these cases, but his comprehensive and nuanced treatment has given me fresh eyes and renewed hope. The cases have continued, but Professor Lee is watching carefully.

About the Author

Philip Lee is assistant professor of law at University of the District of Columbia David A. Clarke School of Law.