Education
Is academic freedom a constitutional right?
In an educational environment as in any other professional sector, The United States constitution protects freedoms of press, expression, and association. Therefore, academic freedom can be considered a constitutional right and especially for public institutions. Restraints on academic freedoms are easier to enforce from a private authority. "When the restraint is internal…the First Amendment generally protects only faculty members in public institutions," (239). Employees in private educational institutions may still rely on contract laws to settle matters related to academic freedom (240).
In public institutions, tenure and other issues related to employee or staff status are irrelevant because of equal protection guarantees embedded in the Bill of Rights. The First Amendment right to free expression may be constrained by institutional concerns such as possible impediments to the educational mission of the school. For example, in Pickering v. Board of Education (1968) the Supreme Court found in favor of the state institution when "maintaining an efficient educational system" is a priority (240). In fact, the Court distinguished between Pickering's rights as citizen and his rights as an employee of an institution. Subsequent related Supreme Court decisions have continued to distinguish between an employee's rights as a citizen vs. The member of an institution (243).
2. What requirements must be observed in the awarding of rank, tenure, and salaries?
"Wide discretion" is offered to public and private institutes of higher learning regarding the awarding of rank, tenure, and salaries (213). The Courts are "less likely to become involved in disputes concerning the substance of standards" than the way those standards are enforced (214). Institutions are constrained by First and Fourteenth Amendment considerations and due process of law. Vagueness and overbreath decisions also impact an institution's decision for awarding (or denying) rank, tenure, and salaries: decisions must be based on clear institutional guidelines.
