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Keith E. Whittington
Volokh Conspiracy, Reason Magazine
Excerpt: Public and private universities are currently being scrutinized by politicians and political activists in ways that they have not been in many years. Moreover, government officials at both the state and federal level are intervening in the internal affairs of universities in ways that are nearly unprecedented.
In a new paper I take a more empirical and positive political theory approach to our current situation. There is an extensive literature on the politics of "independent" government institutions, from the judiciary to bureaucracies to central banks to international organizations. The conceptual apparatus and logic of those models can be turned toward thinking about the political conditions and political boundaries of university autonomy from government interventions.
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I recently listened to Ross Douthat’s interview with the philosopher Jennifer Frey. She is a serious thinker and an unusually courageous academic entrepreneur. What she built at the University of Tulsa before it was dismantled is exactly the sort of thing more universities should be attempting. Yet almost every argument she offered for the humanities is, I think, completely unpersuasive to anyone not already on our side of the table.
This report presents findings from a national survey of 1,959 law school faculty at 192 American Bar Association (ABA) approved law schools in the United States, conducted by the Foundation for Individual Rights and Expression (FIRE). As one of the largest surveys of law faculty on free expression and professional norms, the data reveal a profession that strongly endorses free speech principles while struggling to live them out in practice.
I just returned from the University of Wyoming, where I debated the President of the American Association of University Professors (AAUP) Todd Wolfson over the need for colleges and universities to maintain institutional neutrality. The debate was organized by the Steamboat Institute and was live-streamed.
The formal question presented for debate was: “Is institutional neutrality necessary to preserve the university as a forum for open inquiry rather than an actor in political disputes?” I spoke in favor of institutional neutrality while Wolfson argued against it as a necessary component to higher education.
