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Reason
Reason
Politics
Eugene Volokh

David Cole (of the ACLU and Georgetown Law) on the Ilya Shapiro Matter

David Cole, longtime Georgetown law professor who's now the National Legal Director of the ACLU, writes in the New York Review:

Shapiro's message was offensive, but if academic freedom is to mean anything, [Shapiro's] two tweets can't be a firing offense. And without academic freedom, the voices suppressed are as likely to be those of critical race theorists as opponents of affirmative action.

The concept of academic freedom was initially advanced in the United States by universities and professors as a defense against political intrusions aimed at perceived anarchists, Communists, and other critics of the status quo. Universities argued that because a robust exchange of ideas and free inquiry are essential to the academic enterprise, state officials must respect the independent judgments of universities and the free speech rights of their employees. The Supreme Court's academic freedom cases have all involved government efforts to banish Communists from campus….

If universities do not respect this principle [of academic freedom] within their own institutions, how will they resist the political encroachments of outsiders? …

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