From: kadie@eff.org (Carl M. Kadie)
Subject: Re: Let's try a different tack......
Originator: kadie@eff.org
Organization: The Electronic Frontier Foundation
Date: Mon, 5 Oct 1992 15:22:57 GMT

morgan@ms.uky.edu (Wes Morgan) writes:

[...]
>	What are the limitations of "academic freedom"?
[...]

Here are some examples of limitations.

Freedom of Expression:
   "[Students are not free to support causes by means that] disrupt
   the regular and essential operation of the institution."
                - student.freedoms.aaup

   "Institutions should ... penalize conduct and behavior [such as ...]
    harassment, or disruption of campus activities."
                - speech-codes.auup

    "The institution has a right, on the other hand, to reasonably
    regulate this expression as to time, place, and manner of
    expression so as to prevent disruption of the educationally
    process or interference with the rights of others, and prevent
    placing persons or property in danger."
                - constraints.constitutional

    "[F]or proper and stated causes [...] editors and managers [of
    student publications may] be subject to removal [...] by orderly
    and prescribed procedures."
                - student.freedoms.aaup

    "The student press at public institutions is subject to
    restrictions [...] where college official can 'reasonable forecast
    substantial disruption of material interference' with educational
    activities, or that the material is clearly libelous or obscene."
             - constraints.constitutional

    Conduct for which students are subject to discipline or expulsion
    include, without limitation, knowingly engaging in disruptive or
    coercive action. Disruptive or coercive action include the
    following:

    (1) Participation in a disruptive or coercive demonstration. A
    demonstration is disruptive or coercive if it substantially
    impedes University operations, or substantially interferes with
    the rights of others, or takes place on premises or at times where
    students are not authorized to be. There is no requirement that
    University authorities order students to cease participation in a
    disruptive or coercive demonstration.

    [... (2) use of force or violence ...]

    (3) Unauthorized entry to or use of property or facilities owned or
    controlled by the University.

    [... (4) physical abuse ...]

    [... (5) endangering the safety or health of others ...]

    [... (6) Theft and vandalism ...]

    (7) Failure to comply with direction of a member or agent of the
    University acting in the performance of her or his duty in
    connection with a potential or actual disorder.

    (8) Any conduct which substantially threatens or interferes with
    the maintainence of appropriate order and discipline in the
    operation of the University, or any conduct on University property
    or in connection with a University activity which invades the
    rights of others. Without excluding other situation, examples
    include shouting, noisemaking, obstruction and other disruptive
    actions designed or intended to interfere with or prevent
    meetings, assemblies, classes or other scheduled or routine
    University operations or activities.

    (9) Inciting, aiding, or encouraging others to engage in a
    disruptive or coercive action.

    When, through the disciplinary process, a student is found to have
    knowingly engage in a disruptive or coercive action, as above
    defined, the penalty will be dismissal or, upon a finding that
    substantial mitigating circumstances exist, suspended dismissal or
    other sanctions or coercive actions.  [....]
          - The U. of Illinois at Urbana Handbook of Polices and Regulations

Due Process:
    Pending action on the charges, the status of a student [may be] be
    altered, or his right to be present on the campus and to attend
    classes suspended, [...] for reasons relating to his physical or
    emotional safety and well being, or for reasons relating to the
    safety and well-being of students, faculty, or university
    property."
                - speech-codes.auup
Privacy:
    "[U]nder extreme emergency circumstances, premises occupied by
    students and the personal possessions of students [may be]
    searched [without] appropriate authorization ..."
                - student.freedoms.aaup

    "Information from disciplinary or counseling files [may] be
    available to unauthorized persons on campus, or to any person off
    campus [...] under legal compulsion or in cases where the safety
    of persons or property is involved.
                - student.freedoms.aaup

    "Under emergency conditions, a search without a warrant possibly
    would be permitted."
                - constraints.constitutional

    "There may be entry without notice in emergencies where imminent
    danger to life, safety, health, or property is reasonably feared
    and for custodial service."
                - student.code.uiuc

Participation:
    "[T]he actions of the student government within the areas of its
    jurisdiction [may] be reviewed [...] through orderly and
    prescribed procedures."
                - student.freedoms.aaup

- Carl

ANNOTATED REFERENCES

(All these documents are available on-line. Access information follows.)

=================
academic/student.freedoms.aaup
=================
Joint Statement on Rights and Freedoms of Students -- This is the main
U.S. statement on student academic freedom.

=================
academic/speech-codes.aaup
=================
On Freedom of Expression and Campus Speech Codes Expression - An
official statement of the American Association of University
Professors (AAUP)

It says in part: "On a campus that is free and open, no idea can be
banned or forbidden.  No viewpoint or message may be deemed so hateful
or disturbing that it may not be expressed."

=================
law/constraints.constitutional
=================
Comments from _A Practical Guide to Legal Issues Affecting College
Teachers_ by Partrica A. Hollander, D. Parker Young, and Donald D.
Gehring.  (College Administration Publication, 1985).  Discusses the
constitutional constraints on public universities including the
requires for freedom of expression, freedom against unreasonable
searches and seizures, due process, specific rules.

=================
academic/student.code.uiuc
=================
Excerpts from the University of Illinois at Urbana-Champaign's Code on
Campus Affairs and Regulations Applying to All Students (Aug. 1985)

=================
=================

These document(s) are available by anonymous ftp (the preferred
method) and by email. To get the file(s) via ftp, do an anonymous ftp
to ftp.eff.org (192.88.144.4), and get file(s):

  pub/academic/academic/student.freedoms.aaup
  pub/academic/academic/speech-codes.aaup
  pub/academic/law/constraints.constitutional
  pub/academic/academic/student.code.uiuc

To get the file(s) by email, send email to archive-server@eff.org.
Include the line(s) (be sure to include the space before the file
name):

send acad-freedom/academic student.freedoms.aaup
send acad-freedom/academic speech-codes.aaup
send acad-freedom/law constraints.constitutional
send acad-freedom/academic student.code.uiuc
-- 
Carl Kadie -- I do not represent EFF; this is just me.
 =kadie@eff.org, kadie@cs.uiuc.edu =
Newsgroups: alt.comp.acad-freedom.talk,comp.org.eff.talk,comp.admin.policy,alt.censorship,soc.college