Freedom of Speech in the Academic Workplace Academic Freedom to Microaggressions, Tenure, Contracts and the Courts

Abstract

The legal right to freedom of speech is a cherished tenet of our cultural identity, a fundamental right afforded every citizen and a ubiquitously misunderstood protection in the workplace. The academic workplace whether public sector or private sector is not an exception. Faculty, often with the additional protections of tenure and academic freedom through their university policies and handbooks, act as if their employment status could not be negatively impacted by their speech. This paper examines that belief using recent examples of faculty testing the limits of their academic free speech, tenure protections and Constitutional rights.