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Donald Alexander Downs - The Value and Limits of Academic Speech: Philosophical, Political, and Legal Perspectives

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Donald Alexander Downs The Value and Limits of Academic Speech: Philosophical, Political, and Legal Perspectives

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Free speech has been a historically volatile issue in higher education. In recent years, however, there has been a surge of progressive censorship on campus. This wave of censorship has been characterized by the explosive growth of such policies as trigger warnings for course materials; safe spaces where students are protected from speech they consider harmful or distressing; micro-aggression policies that often strongly discourage the use of words that might offend sensitive individuals; new bias-reporting programs that consist of different degrees of campus surveillance; the dis-invitation of a growing list of speakers, including many in the mainstream of American politics and values; and the prominent shouting down or disruption of speakers deemed inconsistent with progressive ideology. Not to be outdone, external forces on the right are now engaging in social media bullying of speakers and teachers whose views upset them.The essays in this collection, written by prominent philosophers, political scientists, sociologists, and legal scholars, examine the issues at the forefront of the crisis of free speech in higher education. The contributors address the broader historical, cultural, legal, and normative contexts of the current crisis, and take care to analyze the role of due process in protecting academic freedom and individuals accused of misconduct. Additionally, the volume is unique in that it advances practical remedies to campus censorship, as the editors and many of the contributors have participated in movements to remedy limitations on free speech and open inquiry. The Value and Limits of Academic Speech will educate academic professionals and informed citizens about the phenomenon of progressive censorship and its implications for higher education and the republic.About the AuthorDonald Alexander Downs is the Alexander Meiklejohn Professor of Political Science, Law, and Journalism at the University of Wisconsin-Madison, and the Glenn B. and Cleone Orr Hawkins Professor of Political Science at the University. He is also the director and co-founder of the Universitys Wisconsin Center for the Study of Liberal Democracy.Chris W. Surprenant is Associate Professor of Philosophy at the University of New Orleans, where he is the founding director of the Alexis de Tocqueville Project, an interdisciplinary center for research and programming focusing on issues at the intersection of ethics, individual freedom, and the law.

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The Value and Limits of Academic Speech Free speech has been a historically - photo 1
The Value and Limits of Academic Speech

Free speech has been a historically volatile issue in higher education. In recent years, however, there has been a surge of progressive censorship on campus. This wave of censorship has been characterized by the explosive growth of such policies as trigger warnings for course materials; safe spaces where students are protected from speech they consider harmful or distressing; micro-aggression policies that often strongly discourage the use of words that might offend sensitive individuals; new bias-reporting programs that consist of different degrees of campus surveillance; the dis-invitation of a growing list of speakers, including many in the mainstream of American politics and values; and the prominent shouting down or disruption of speakers deemed inconsistent with progressive ideology. Not to be outdone, external forces on the right are now engaging in social media bullying of speakers and teachers whose views upset them.

The essays in this collection, written by prominent philosophers, political scientists, sociologists, and legal scholars, examine the issues at the forefront of the crisis of free speech in higher education. The contributors address the broader historical, cultural, legal, and normative contexts of the current crisis, and take care to analyze the role of due process in protecting academic freedom and individuals accused of misconduct. Additionally, the volume is unique in that it advances practical remedies to campus censorship, as the editors and many of the contributors have participated in movements to remedy limitations on free speech and open inquiry. The Value and Limits of Academic Speech will educate academic professionals and informed citizens about the phenomenon of progressive censorship and its implications for higher education and the republic.

Donald Alexander Downs is the Alexander Meiklejohn Professor of Political Science, Law, and Journalism at the University of Wisconsin-Madison, and the Glenn B. and Cleone Orr Hawkins Professor of Political Science at the University. He is also the director and co-founder of the Universitys Wisconsin Center for the Study of Liberal Democracy.

Chris W. Surprenant is an associate professor of philosophy at the University of New Orleans, where he is the founding director of the Alexis de Tocqueville Project, an interdisciplinary center for research and programming focusing on issues at the intersection of ethics, individual freedom, and the law.

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102Epistemic Rationality and Epistemic Normativity

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103From Rules to Meanings

New Essays on Inferentialism

Edited by Ondej Beran, Vojtch Kolman, and Ladislav Kore

104Toleration and Freedom from Harm

Liberalism Reconceived

Andrew Jason Cohen

105Voicing Dissent

The Ethics and Epistemology of Making Disagreement Public

Edited by Casey Rebecca Johnson

106New Directions in the Philosophy of Memory

Edited by Kourken Michaelian, Dorothea Debus, and Denis Perrin

107A Pragmatic Approach to Libertarian Free Will

John Lemos

108Consciousness and Physicalism

A Defense of a Research Program

Andreas Elpidorou and Guy Dove

109The Value and Limits of Academic Speech

Philosophical, Political, and Legal Perspectives

Edited by Donald Alexander Downs and Chris W. Surprenant

The Value and Limits of Academic Speech
Philosophical, Political, and Legal Perspectives

Edited by Donald Alexander Downs and Chris W. Surprenant

First published 2018 by Routledge 711 Third Avenue New York NY 10017 and by - photo 2

First published 2018
by Routledge
711 Third Avenue, New York, NY 10017

and by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

Routledge is an imprint of the Taylor & Francis Group, an informa business

2018 Taylor & Francis

The right of the editors to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested

ISBN: 978-1-138-47989-0 (hbk)
ISBN: 978-1-351-06450-7 (ebk)

Typeset in Sabon
by Apex CoVantage, LLC

Contents

DONALD ALEXANDER DOWNS AND CHRIS W. SURPRENANT

PETER SINGER

BRIAN LEITER

KEITH E. WHITTINGTON

JAMES R. STONER, JR.

JOHN HASNAS

JASON BRENNAN

ANDREW J. COHEN

MICHAEL JOEL KESSLER

SHANE D. COURTLAND

CHRISTINA EASTON

BURKAY T. OZTURK AND BOB FISCHER

FRANK FUREDI

EDWARD JOHNSON

EVAN GERSTMANN

J.K. MILES

ARIANNE SHAHVISI

RYAN MULDOON

SARAH CONLY

CALUM MILLER

RIMA NAJJAR KAPITAN

This publication volume would not have been possible without a generous grant from the Institute for Humane Studies at George Mason University. We are incredibly thankful for their support of this project and the scholars who have contributed to this volume, as well as their support for other scholars working on a wide range of projects in the area of free speech and open inquiry.

Donald Alexander Downs and Chris W. Surprenant

This book addresses a matter that has provoked much attention and debate in recent years: the status and fate of free speech, open inquiry, and academic freedom in higher education. While the recent string of inviting, and then either disinviting, protesting, or otherwise interfering with a controversial speaker being brought to campus has drawn public attention to this issue, at its heart is a more fundamental concern about the appropriate function (or functions) of colleges and universities as institutions and what types of rules or safeguards must be in place to allow them to fulfill this aim. In this discussion, we (the editors of this volume) are not impartial observers, having taken speech-libertarian positions in writing and action. But our motivation for gathering together this collection of essays is to draw more attention to a discussion that seems to be going in the wrong direction. And as advocates of free speech and intellectual diversity, we feel obligated to include a variety of points of view from respected scholars and practitioners whose diverse ideas can help citizens in liberal democracies come to more informed conclusions regarding the present controversy. Rather than staking out our own positions, in this Introduction we strive to place the debate in a broader historical context while addressing the major points raised by our contributors.

Most universities and colleges remain publicly committed to long-established liberal principles of academic freedom and freedom of speech. Princetons Keith E. Whittington captures the essence of what we will call the liberal model in his contribution to this volume:

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