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Academic Freedom and the Living Constitution

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines how academic freedom is linked to the “living Constitution” debate even as the words “academic freedom” do not appear anywhere in the text of the U.S. Constitution. It first ... More


2 Academic Freedom and the Living Constitution

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines how academic freedom is linked to the “living Constitution” debate even as the words “academic freedom” do not appear anywhere in the text of the U.S. Constitution. It first ... More


Conclusion

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0017
Subject:
Law, Legal History

This book concludes with a discussion of academic freedom after Keyishian v. Board of Regents. It begins by assessing the link between academic freedom and the American left as well as the factors ... More


Conclusion

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0017
Subject:
Law, Legal History

This book concludes with a discussion of academic freedom after Keyishian v. Board of Regents. It begins by assessing the link between academic freedom and the American left as well as the factors ... More


Academic Freedom after Keyishian

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0015
Subject:
Law, Legal History

This chapter examines some of the questions faced by contemporary universities about the future and meaning of academic freedom, as a matter of both policy and First Amendment right, in the wake of ... More


14 Academic Freedom after Keyishian

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0015
Subject:
Law, Legal History

This chapter examines some of the questions faced by contemporary universities about the future and meaning of academic freedom, as a matter of both policy and First Amendment right, in the wake of ... More


Introduction

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0001
Subject:
Law, Legal History

This book examines the political, cultural, and legal events that gave rise to academic freedom as a special concern of the First Amendment. Focusing on the inquisitions of New York professors and ... More


September 11 and Beyond

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0016
Subject:
Law, Legal History

This chapter explores academic freedom-related issues that have arisen since September 11, 2001, both in the schools and in the courts. The issues include new controversies regarding loyalty oaths, ... More


Introduction

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0001
Subject:
Law, Legal History

This book examines the political, cultural, and legal events that gave rise to academic freedom as a special concern of the First Amendment. Focusing on the inquisitions of New York professors and ... More


15 September 11 and Beyond

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0016
Subject:
Law, Legal History

This chapter explores academic freedom-related issues that have arisen since September 11, 2001, both in the schools and in the courts. The issues include new controversies regarding loyalty oaths, ... More


Conclusion

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0007
Subject:
Law, Constitutional and Administrative Law

This book concludes with a discussion of the 1940 Statement of Principles on Academic Freedom and Tenure and its significance to the influence of constitutional ideas on the identity of public and ... More


“Sifting and Winnowing”

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0002
Subject:
Law, Legal History

This chapter examines the origins of academic freedom as an American ideal. It considers how conflicts over the role of professors, the powers of trustees, and the very nature of the academic ... More


1 “Sifting and Winnowing”

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0002
Subject:
Law, Legal History

This chapter examines the origins of academic freedom as an American ideal. It considers how conflicts over the role of professors, the powers of trustees, and the very nature of the academic ... More


7 Conclusion

Rodney A. Smolla

in The Constitution Goes to College: Five Constitutional Ideas That Have Shaped the American University

Published in print:
2011
Published Online:
March 2016
ISBN:
9780814741030
eISBN:
9780814788561
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814741030.003.0007
Subject:
Law, Constitutional and Administrative Law

This book concludes with a discussion of the 1940 Statement of Principles on Academic Freedom and Tenure and its significance to the influence of constitutional ideas on the identity of public and ... More


Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Marjorie Heins

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
book
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.001.0001
Subject:
Law, Legal History

This book tells of the teachers and professors who battled the anti-communist witch hunt of the 1950s. It traces the political fortunes of academic freedom beginning in the late nineteenth century, ... More


Red Monday and Beyond

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0011
Subject:
Law, Legal History

This chapter examines how the Supreme Court, led by Chief Justice Earl Warren, progressed from cautious incursions on some of the witch-hunt era's more drastic practices to its breakthrough decisions ... More


The Road to Keyishian

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0012
Subject:
Law, Legal History

This chapter examines three Supreme Court cases involving teacher loyalty oaths—from Florida, Washington, and Arizona—that set the stage for Keyishian v. Board of Regents. Before discussing how ... More


10 Red Monday and Beyond

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0011
Subject:
Law, Legal History

This chapter examines how the Supreme Court, led by Chief Justice Earl Warren, progressed from cautious incursions on some of the witch-hunt era's more drastic practices to its breakthrough ... More


11 The Road to Keyishian

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0012
Subject:
Law, Legal History

This chapter examines three Supreme Court cases involving teacher loyalty oaths—from Florida, Washington, and Arizona—that set the stage for Keyishian v. Board of Regents. Before discussing how ... More


Rapp-Coudert

Marjorie Heins

in Priests of Our Democracy: The Supreme Court, Academic Freedom, and the Anti-Communist Purge

Published in print:
2013
Published Online:
March 2016
ISBN:
9780814790519
eISBN:
9780814744642
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814790519.003.0004
Subject:
Law, Legal History

This chapter focuses on the Rapp-Coudert Committee's investigation of public schools and colleges in New York and the trajectory of the city's higher education institutions. The New York Teachers ... More


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