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The Meaning of Academic Freedom By: Stanley Fish
New York Times | Monday, July 24, 2006


Kevin Barrett, a lecturer at the University of Wisconsin at Madison, has now taken his place alongside Ward Churchill of the University of Colorado as a college teacher whose views on 9/11 have led politicians and ordinary citizens to demand that he be fired.

Mr. Barrett, who has a one-semester contract to teach a course titled “Islam: Religion and Culture,” acknowledged on a radio talk show that he has shared with students his strong conviction that the destruction of the World Trade Center was an inside job perpetrated by the American government. The predictable uproar ensued, and the equally predictable battle lines were drawn between those who disagree about what the doctrine of academic freedom does and does not allow.

Mr. Barrett’s critics argue that academic freedom has limits and should not be invoked to justify the dissemination of lies and fantasies. Mr. Barrett’s supporters (most of whom are not partisans of his conspiracy theory) insist that it is the very point of an academic institution to entertain all points of view, however unpopular. (This was the position taken by the university’s provost, Patrick Farrell, when he ruled on July 10 that Mr. Barrett would be retained: “We cannot allow political pressure from critics of unpopular ideas to inhibit the free exchange of ideas.”)

Both sides get it wrong. The problem is that each assumes that academic freedom is about protecting the content of a professor’s speech; one side thinks that no content should be ruled out in advance; while the other would draw the line at propositions (like the denial of the Holocaust or the flatness of the world) considered by almost everyone to be crazy or dangerous.

But in fact, academic freedom has nothing to do with content. It is not a subset of the general freedom of Americans to say anything they like (so long as it is not an incitement to violence or is treasonous or libelous). Rather, academic freedom is the freedom of academics to study anything they like; the freedom, that is, to subject any body of material, however unpromising it might seem, to academic interrogation and analysis.

Academic freedom means that if I think that there may be an intellectual payoff to be had by turning an academic lens on material others consider trivial — golf tees, gourmet coffee, lingerie ads, convenience stores, street names, whatever — I should get a chance to try. If I manage to demonstrate to my peers and students that studying this material yields insights into matters of general intellectual interest, there is a new topic under the academic sun and a new subject for classroom discussion.

In short, whether something is an appropriate object of academic study is a matter not of its content — a crackpot theory may have had a history of influence that well rewards scholarly scrutiny — but of its availability to serious analysis. This point was missed by the author of a comment posted to the blog of a University of Wisconsin law professor, Ann Althouse: “When is the University of Wisconsin hiring a professor of astrology?” The question is obviously sarcastic; its intention is to equate the 9/11-inside-job theory with believing in the predictive power of astrology, and to imply that since the university wouldn’t think of hiring someone to teach the one, it should have known better than to hire someone to teach the other.

But the truth is that it would not be at all outlandish for a university to hire someone to teach astrology — not to profess astrology and recommend it as the basis of decision-making (shades of Nancy Reagan), but to teach the history of its very long career. There is, after all, a good argument for saying that Shakespeare, Chaucer and Dante, among others, cannot be fully understood unless one understands astrology.

The distinction I am making — between studying astrology and proselytizing for it — is crucial and can be generalized; it shows us where the line between the responsible and irresponsible practice of academic freedom should always be drawn. Any idea can be brought into the classroom if the point is to inquire into its structure, history, influence and so forth. But no idea belongs in the classroom if the point of introducing it is to recruit your students for the political agenda it may be thought to imply.

And this is where we come back to Mr. Barrett, who, in addition to being a college lecturer, is a member of a group calling itself Scholars for 9/11 Truth, an organization with the decidedly political agenda of persuading Americans that the Bush administration “not only permitted 9/11 to happen but may even have orchestrated these events.”

Is the fact of this group’s growing presence on the Internet a reason for studying it in a course on 9/11? Sure. Is the instructor who discusses the group’s arguments thereby endorsing them? Not at all. It is perfectly possible to teach a viewpoint without embracing it and urging it. But the moment a professor does embrace and urge it, academic study has ceased and been replaced by partisan advocacy. And that is a moment no college administration should allow to occur.

Provost Farrell doesn’t quite see it that way, because he is too hung up on questions of content and balance. He thinks that the important thing is to assure a diversity of views in the classroom, and so he is reassured when Mr. Barrett promises to surround his “unconventional” ideas and “personal opinions” with readings “representing a variety of viewpoints.”

But the number of viewpoints Mr. Barrett presents to his students is not the measure of his responsibility. There is, in fact, no academic requirement to include more than one view of an academic issue, although it is usually pedagogically useful to do so. The true requirement is that no matter how many (or few) views are presented to the students, they should be offered as objects of analysis rather than as candidates for allegiance.

There is a world of difference, for example, between surveying the pro and con arguments about the Iraq war, a perfectly appropriate academic assignment, and pressing students to come down on your side. Of course the instructor who presides over such a survey is likely to be a partisan of one position or the other — after all, who doesn’t have an opinion on the Iraq war? — but it is part of a teacher’s job to set personal conviction aside for the hour or two when a class is in session and allow the techniques and protocols of academic research full sway.

This restraint should not be too difficult to exercise. After all, we require and expect it of judges, referees and reporters. And while its exercise may not always be total, it is both important and possible to make the effort.

Thus the question Provost Farrell should put to Mr. Barrett is not “Do you hold these views?” (he can hold any views he likes) or “Do you proclaim them in public?” (he has that right no less that the rest of us) or even “Do you surround them with the views of others?”

Rather, the question should be: “Do you separate yourself from your partisan identity when you are in the employ of the citizens of Wisconsin and teach subject matter — whatever it is — rather than urge political action?” If the answer is yes, allowing Mr. Barrett to remain in the classroom is warranted. If the answer is no, (or if a yes answer is followed by classroom behavior that contradicts it) he should be shown the door. Not because he would be teaching the “wrong” things, but because he would have abandoned teaching for indoctrination.

The advantage of this way of thinking about the issue is that it outflanks the sloganeering and posturing both sides indulge in: on the one hand, faculty members who shout “academic freedom” and mean by it an instructor’s right to say or advocate anything at all with impunity; on the other hand, state legislators who shout “not on our dime” and mean by it that they can tell academics what ideas they can and cannot bring into the classroom.

All you have to do is remember that academic freedom is just that: the freedom to do an academic job without external interference. It is not the freedom to do other jobs, jobs you are neither trained for nor paid to perform. While there should be no restrictions on what can be taught — no list of interdicted ideas or topics — there should be an absolute restriction on appropriating the scene of teaching for partisan political ideals. Teachers who use the classroom to indoctrinate make the enterprise of higher education vulnerable to its critics and shortchange students in the guise of showing them the true way.

Stanley Fish is a law professor at Florida International University.

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