AAUP 1940 Statement of Principles on Academic Freedom and Tenure With 1970
1940 - 1982
The Statement, in Short
Academic Freedom:
1. Teachers entitled to full freedom in research/publication of results.
2. Teachers must have freedom in classroom to discuss their subject (but should not bring into classroom controversial material that has no bearing on their subject).
3. Professors are citizens as well as members of an institution. When speaking/writing as citizens, should be protected form institutional restraint/discipline. Professors speaking as citizens should always speak truly, responsibly, and explain they speak on their own and not on behalf of the college or university.
Academic Tenure:
After probationary period, professors should be given permanent tenure, and should only be terminated for cause (exceptions: age of retirement and for extreme financial “exigencies.”)
After the 1940 Statement
1967: Supreme Court identifies academic freedom as right protected by First Amendment, stating in Keyishian v. Board of Regents 385 U.S. 589 (1967), "Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom."
1970 [Relevant] Interpretive Comments in Summary:
1. Statement not intended to discourage “controversial” topics. Controversy is at the heart of the academic endeavor. It’s just a reminder that teachers should stick to their subject matter, not ramble.
2. Not intended to apply to church-related institutions.
3. Professor’s opinions as a citizen not grounds for dismissal unless it demonstrates unfitness of professor for position. These “extramural utterances” rarely show a professor unfit. Any final decision should take into account prof’s whole career as tracher and scholar.
4. Decision on tenure should be given at least a year prior to the end of the probationary period. Once tenure given, rules regarding profs on probationary period no longer apply-immediately.




