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ACADEMIC BILL OF RIGHTS - 1

AAUP and AFT Response to Academic Bill of Rights

In an article entitled "What Makes David Run" in the May 6, 2005 Chronicle of Higher Education, Jennifer Jacobson wrote:

David Horowitz, one of the country's most famous converts to conservatism, is waging a one-man war against the academy. Liberal college students, he says, see their views reflected in textbooks. His kids, as he calls conservative students, have to subscribe to The National Review to get a balanced view of the world. So nearly every day, he is on the road, promoting his "academic bill of rights" -- a set of principles that he says will make universities more intellectually diverse and tolerant of conservatives.

The American Association of University Professors has denounced the "Academic Bill of Rights," arguing: 

The past year has witnessed repeated efforts to establish what has been called an "Academic Bill of Rights." Based upon data purporting to show that Democrats greatly outnumber Republicans in faculty positions, and citing official statements and principles of the American Association of University Professors, advocates of the Academic Bill of Rights would require universities to maintain political pluralism and diversity. This requirement is said to enforce the principle that "no political, ideological or religious orthodoxy should be imposed on professors and researchers through the hiring or tenure or termination process."¹ Although Committee A endorses this principle, which we shall call the "principle of neutrality," it believes that the Academic Bill of Rights is an improper and dangerous method for its implementation. There are already mechanisms in place that protect this principle, and they work well. Not only is the Academic Bill of Rights redundant, but, ironically, it also infringes academic freedom in the very act of purporting to protect it.

For the full text of the AAUP analysis go to:
www.aaup.org/statements/SpchState/Statements/billofrights.htm

The American Federation of Teachers (AFT) has also moved against Horowitz's bill.  Click below for relevant AFT links:

• Silencing the Professorate www.aft.org/pubs-reports/on_campus/mayjune05/feature.htm

• The Fuel Behind the Academic Bill of Rights Campaign www.aft.org/pubs-reports/on_campus/mayjune05/academic.htm

• Actions in the States  www.aft.org/pubs-reports/on_campus/mayjune05/actions.htm

• What the Bills Say www.aft.org/pubs-reports/on_campus/mayjune05/bills.htm

The AFT is the parent federation of the PSC.  The PSC is also affiliated with the AAUP.

ACADEMIC BILL OF RIGHTS - 2

AAUP May 10, 2005 Memo on the Academic Bill of Rights

Date: May 10, 2005

To:  Members of Committee on Government Relations

Members of Committee A on Academic Freedom and Tenure

Members of the Executive Committee

From:  Mark F. Smith, Director of Government Relations

Re:  Legislative action on the so-called "Academic Bill of Rights

At this point legislation based on the so-called "Academic Bill of Rights has been introduced in 15 states, and the U.S. House of Representatives.  In most cases, the bills have attracted media attention, but little legislative movement. 

Since the last update, a concurrent resolution has been introduced in the Louisiana House of Representatives, and the Florida bills have officially died.  The House bill died on the House Calendar, after having the most legislative success of any of the proposals this year.  It passed the subcommittee and Education Council (which is the full committee.)  The Senate bill died in Committee.  The Pennsylvania resolution may still be alive, and I will let you know if anything happens with it in the next week. 

Tomorrow, Ruth Flower and I will be hosting a meeting of staff representatives of disciplinary associations to discuss this issue, and how we can best work together on it.  There will be a report on the meeting at the meetings of these committees coming up in June.

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Here is the running inventory of bills based on the ABR that have been introduced. 

California S. 5, Postsecondary Education: Student Bill of Rights, to develop guidelines and implement specified principles, relating to academic freedom, of a Student Bill of Rights.  (Education committee voted 6 - 4 against the bill on April 20.) 

Florida HB 837 and SB  2126, An act relating to student and faculty academic freedom in postsecondary education.  Applies only to public institutions.  (The House bill passed subcommittee and full Education Council, but officially died on the House Calendar on May 6.  The Senate bill died in committee.) 

Indiana HR 1531, Academic Bill of Rights at State Universities. The bill requires the board of trustees at public colleges and universities to develop guidelines and implement an academic bill of rights.  (HR 1531 did not move in its house of origin in the required time.) 

Louisiana HCR 25, Requests each public postsecondary education management board to take certain actions to assure that board and institutional policies, rules, and procedures meet specified guidelines relative to intellectual independence, academic freedom, intellectual diversity, and the pursuit of knowledge and truth.  (to Committee on Education.) 

Maine HB 823, Creates an Academic Bill of Rights that ensures an academic environment for both students and faculty members that allows freedom of political viewpoint, expression and instruction.  (referred to Joint Committee on Education and Cultural Affairs.) 

Masssachusetts HB 1234.  Providing for an Academic Bill of Rights.  Applies only to public institutions.  (Bill has not been scheduled for a hearing, but may be in the fall.)

Maryland HB 964, prohibiting a faculty member from using the member's courses for political, ideological, religious, or antireligious indoctrination; prohibiting the governing body of a public institution of higher education from hiring, firing, or excluding a faculty member from tenure based on the faculty member's political or religious beliefs; and generally relating to an academic bill of rights for public institutions of higher education.  (Committee on Appropriations reported unfavorably on March 28, 2005.) 

Minnesota SB 1988/HB 2164, enacts the Free Speech for Faculty and Students Bill of Rights. (Introduced late in the session and did not make committee deadlines for this year.  Will be an issue again next year, as sponsor is running for Congress.) 

New York AB 4389, Student Bill of Rights.  The bill provides for a student bill of rights and addresses the issue of student activity fees. (in Committee on Higher Education.  The bill is bottled up in the committee.  The SUNY Board considered a move to adopt the ABoR as policy, but apparently declined to do so.)  

North Carolina SB 1139, Requires each constituent institution of the university of north carolina to adopt an "academic bill of rights". (to Senate Committee on Education and Higher Education.)  

Ohio SB 24, to establish the academic bill of rights for higher education.  (in Education Committee.)  

Pennsylvania HR 177, establishing a select committee to examine the academic atmosphere and the degree to which faculty have the opportunity to instruct and students have the opportunity to learn in an environment conducive to the pursuit of knowledge and truth at State-related and State-owned colleges and universities and community colleges in this Commonwealth.  (Pulled from committee agenda April 13.  May come up again in May) 

Rhode Island SB 392,   Education.  The bill authorizes the board of governors for higher education to adopt an academic bill of rights designed to ensure academic freedom for students and faculty at the state's institutions of higher education.   (Committee recommends measure to be held for further study.)

Tennessee HJR 96, Public Higher Education.  Resolution urges adoption of Academic Bill of Rights for Public Higher Education.  

Washington HB 1991, creating an academic bill of rights.  The bill also quotes extensively from AAUP statements.  (Did not make committee deadlines.) 

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The main HEA Reauthorization bill, HR 609, contains language based on the Academic Bill of Rights in SEC. 103. STUDENT SPEECH AND ASSOCIATION RIGHTS, and the International Advisory Board from last sessions HR 3077, in SEC. 605 of the bill, by creating a new section of Title VI, `SEC. 633. INTERNATIONAL HIGHER EDUCATION ADVISORY BOARD.