The New Southern University: Academic Freedom and Liberalism at UNC

Notes

167 Notes Introduction 1. “Tapes Show a Besieged Nixon Saw Enemies All Over,” USA Today, December 3, 2008, http://www.usatoday.com/news/washington/2008-12-03nixon -disclosures_N.htm. 2. “Protest Bedeviled by a Political Side Show,” New York Times, September 22, 2008; see also “Between Free Speech and a Hard Place,” New York Times, September 30, 2007. 3. See, for instance, Stanley Fish, Save the World on Your Own Time (Oxford , UK: Oxford University Press, 2008), and Matthew W. Finkin and Robert C. Post, For the Common Good: Principles of American Academic Freedom (New Haven, CT: Yale University Press, 2009). 4. See Thomas L. Haskell, ed., The Authority of Experts: Studies in History and Theory (Bloomington: Indiana University Press, 1984), ix. 5. “Memorandum on the University News Bureau,” folder 1526, box 42, University Papers, University Archives, University of North Carolina at Chapel Hill Library (hereafter cited as University Papers). 6. “Students Hear Head of University Hit at Anti-Darwinism Bill,” Greensboro Daily News, February 14, 1925. 7. “General Report of the Committee on Academic Freedom and Academic Tenure (1915),” appendix A in Freedom and Tenure in the Academy, ed. William W. Van Alstyne (Durham, NC, and London: Duke University Press, 1993), 393. 8. See, for example, William W. Van Alstyne, “Academic Freedom and the First Amendment in the Supreme Court of the United States: An Unhurried Historical Review,” and David Rabban, “A Functional Analysis of ‘Individual’ and ‘Institutional’ Academic Freedom under the First Amendment,” in Freedom and Tenure in the Academy. See also G. Edward White, “Justice Holmes and the Modernization of Free Speech Jurisprudence,” California Law Review 80 (March 1992): 391, and R. George Wright, “The Emergence of First Amendment Academic Freedom,” Nebraska Law Review 85 (2007): 793. 9. Wright, “The Emergence of First Amendment Academic Freedom,” 794. 10. Dahlia Lithwick and Richard Schragger, “Jefferson v. Cuccinelli: Does 168 Notes to Pages 4–5 the Constitution Really Protect a Right to ‘Academic Freedom?’” Slate, June 1, 2010, http://www.slate.com/id/2253938. 11. Van Alstyne, “Academic Freedom and the First Amendment,” 82. Van Alstyne notes that it was not until the 1952 Adler v. Board of Education case that a member of the Supreme Court explicitly described academic freedom as a matter of free speech protected by the First Amendment (105). David M. Rabban adds that it was not until the 1967 Keyishian v. Board of Regents case that academic freedom was cited explicitly as a “special concern of the First Amendment .” Rabban, “A Functional Analysis,” 230. 12. Van Alstyne, “Academic Freedom and the First Amendment,” 82. 13. Quoted in Van Alstyne, “Academic Freedom and the First Amendment ,” 84. Van Alstyne notes that Holmes’s famous post–World War I shift to his “marketplace of ideas” theory of freedom of speech was still, in the end, a minority view. In the 1925 Gitlow case, for instance, Holmes said: “If in the long run the beliefs expressed in proletarian dictatorship are destined to be accepted by the dominant forces of the community, the only meaning of free speech is that they should be given their chance and have their way” (98). A provocative statement, but also a dissenting opinion from the majority of the court. 14. Chase was not a voice in the wilderness, however. Important reconsideration of free speech and the first amendment was being undertaken by no less than Louis Brandeis and Oliver Wendell Holmes Jr. G. Edward White argues that by the 1920s, “the locus of philosophical energy animating solicitude for free speech was shifted from the individual as an autonomous being to the individual as a participant in a democratic society. The sources of protection for free speech became identified not with the interest of the individual whose liberty government existed to further, but with the social interest in furthering democratic principles by encouraging independent public discussion and debate. Holmes was to emerge as one of the founders of modern First Amendment theory at the same moment in time when this second stage in the reorientation of the premises of free speech jurisprudence was taking place.” From G. Edward White, “Justice Holmes,” 406–7. 15. Van Alstyne, “Academic Freedom and the First Amendment,” 86. 16. David M. Rabban, “A Functional Analysis,” 237. See also Frederick Rudolph , The American College and University: A History (Athens and London: University of Georgia Press, 1990); Lawrence R. Veysey, The Emergence of the American University (Chicago and London: University of Chicago Press, 1965); John R. Thelin, A History of...