Free Speech and Academic Freedom http://www.binghamton.edu/home/libraries/freespeech.html BINGHAMTON UNIVERSITY The Report of the President's Commission on Free Speech and Academic Freedom Executive Summary May 1992 Table of Contents President's Commission Members A Message From the President Introduction I. Consultation with the Campus Community and Others II. Academic Freedom and the First Amendment A. Public V. Private Universities B. Student Academic Freedom C. State As Government V. State As Employer D. Academic Freedom and Institutional Autonomy III. Recommendations for University Policies IV. Traditions and Expectations Notes Bibliography President's Commission Laura Conte, Binghamton University Council, Commission Chair Richard Andrus, Associate Professor, Department of Geological Sciences and Environmental Studies and Program Director of Environmental Studies Linda Biemer, Dean, School of Education and Human Development Michael Boyd, Director, Educational Opportunity Program Jonathan Capp, Undergraduate Student Mary Colimon, Graduate Student 1 of 13 8/21/2007 4:41 PM Free Speech and Academic Freedom http://www.binghamton.edu/home/libraries/freespeech.html Richard Dalfiume, Deputy to the President and Associate Professor of History John Fillo, Chair, Mechanical and Industrial Engineering, Watson School of Engineering and Applied Science David Garcia, Undergraduate Student (Spring and Summer, 1991) Patricia McPherson, Assistant Director, Campus Activities/Minority Studies Program Advisor Abisi Sharakiya, Assistant Professor, Department of Philosophy Norman Spear, Distinguished Professor of Psychology Nicholas Sterling, Associate Professor Mathematics and Master of Hinman College Ira Tolbert, Assistant Provost for Recruitment and Retention *A copy of the complete report is available from: Office of the President, Binghamton University, Binghamton, N.Y. 13902-6000 A MESSAGE FROM THE PRESIDENT In May 1992, The Commission on Free Speech and Academic Freedom at the State University of New York at Binghamton issued its final report to the University community. The report was detailed, thoughtful, and far-reaching. From that report, we developed this executive summary, first printed in 1992, so that the Commission’s principal findings could be more widely disseminated. Since that time, reports in the media indicate that there remains much misunderstanding of these issues both on and off college campuses. Because Binghamton University’s experience remains salient, we are pleased to present this second printing in 1993 and to make it widely available to the academic community. I appointed the Commission in March 1991 after Binghamton, like many other colleges and universities, experienced a number of incidents that tested our definitions of free speech. I urged the members of the Commission to look beyond specific events and to examine the entire range of First Amendment issues as they relate to universities. The faculty, students, and professional staff who comprised the Commission took their charge seriously. They sought expert advise; they surveyed other campuses; and they held a series of open meetings. The Commission discovered that misunderstandings concerning freedom of expression are widespread among faculty and students. Thus, over half of the recommendations in the Commission’s report focus on the need for education within the University community. Binghamton University has not adopted a "speech code," and the Commission recommends against doing so in the future. Not only are public universities held to a special standard under the First Amendment, but the Binghamton campus has a strong tradition of tolerating and encouraging diverse views. Our challenge, as it is on all campuses, is to build a multicultural community characterized by reasoned debate and dialogue. At the same time, we must guarantee, for each individual, the rights of free expression which, the courts have declared, transcend our collective desire for community and even, at times, civility. Clearly, our community bonds must be nurtured by a variety of mechanisms, but I believe we have the best chance for success if we concentrate on what we do best: education. The State University of New York at Binghamton benefited by having a broad-based group examine issues of 2 of 13 8/21/2007 4:41 PM Free Speech and Academic Freedom http://www.binghamton.edu/home/libraries/freespeech.html free expression in an open and dispassionate manner, and I am pleased with the results. It is my hope that both the processes and the substantive recommendations contained in this summary will offer guidance to others as they deal with these significant and often difficult issues. Lois B. DeFleur INTRODUCTION Freedom of expression and academic freedom are essential to our understanding of the purpose of a university. At the State University of New York at Binghamton we view the university as an institution that recognizes unfettered freedom in the give and take of ideas and opinions as an integral part of its mission. The ideal of the university as a marketplace of ideas must not, however, interfere with the equally important ideal of a university as a place where all people are respected, and where tolerance, rational discourse, thoughtfulness, and reason prevail over uncontrolled emotion and prejudice. In theory, the twin ideals of a university as a marketplace of ideas and as a community of scholarship should not conflict; in practice, however, they sometimes do.(1) On campuses across the country, incidents that reflect this conflict indicate that fundamental questions must be faced: How should the equilibrium be regained when these twin ideals clash What should be done when the exercise of First Amendment rights by some involves statements that are deeply offensive to others How can the protection of freedom of expression be balanced against securing a campus relatively free of bias The Universities of Wisconsin and Michigan are among those that have addressed this conflict by instituting policies restricting freedom of expression. However, their "hate speech" codes were struck down by federal courts. Of the Michigan code the court said, "the policy swept within its scope a significant amount of verbal conduct or verbal behavior that is unquestionably protected under the First Amendment."(2) Nevertheless, the issue of providing a supportive campus community for all remains. There is little doubt that this conflict is far from being resolved. On April 16, 1991 Binghamton University President Lois B. DeFleur appointed representatives from the University Council, faculty, staff, and student body to a Commission on Free Speech and Academic Freedom to examine how First Amendment principles are understood and practiced on campus. The President issued the following charge to the Commission: 1. To assess existing campus policies, practices, and guidelines for academic freedom and freedom of expression. 2. To consult with various campus groups concerning what they believe are appropriate principles of debate and dialogue in an academic community. 3. To recommend to the University community additional or revised policies that should guide the members of the community as they practice academic freedom and freedom of expression. 4. To provide an inventory of ongoing programs on these issues and to recommend new programs, if needed. A full-length report from which this brochure is excerpted was prepared in execution of that charge. I. CONSULTATION WITH THE CAMPUS COMMUNITY AND OTHERS One of the first activities of the Commission was to consult with various campus groups. The Commission issued an open invitation to all members of the University community who wished to share their ideas and 3 of 13 8/21/2007 4:41 PM Free Speech and Academic Freedom http://www.binghamton.edu/home/libraries/freespeech.html concerns regarding appropriate principles of debate and dialogue in an academic community and received a number of thoughtful responses. In addition, Commission members met with students, faculty, and administrators who wished to discuss their individual concerns and many who represented various campus institutions. The Commission also consulted individuals and sources beyond the University in order to review the status of the First Amendment as it pertains to public universities and to learn the basic sources of legal rights and responsibilities at public universities. II. ACADEMIC FREEDOM AND THE FIRST AMENDMENT Since academics hold few things in higher esteem than academic freedom it is quite understandable that more concerned questions were put to the Commission about the implications of its recommendations on this matter than about any other issue. What emerged is that there exists a multiplicity of understandings about the nature of academic freedom. Thus it is important that the reader have an adequate grasp of the concept of academic freedom as it applies to American universities in general and to state universities in particular. In the discussion that follows, the term "academic freedom" sometimes refers to traditions and principles not always codified by law (often called "professional academic freedom") and at other times refers to legal rights recognized by the courts to be subsumed by the First Amendment ("constitutional academic freedom"). The term is also sometimes differentiated by "individual academic freedom" and "institutional academic freedom." A basic understanding of the distinctions is necessary to comprehend the role of academic freedom in both tradition and