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Committee A Clarifies Issue Raised in Al-Arian Case
In November the Association's Committee A on Academic Freedom and Tenure issued the following statement to clarify the relationship between a legal finding on First Amendment rights and a professional finding on rights under academic freedom:
The administration of the University of South Florida has sought a declaratory judgment on the question of whether the dismissal of Professor Sami Al-Arian would violate his First Amendment rights or "constitutional law." This extraordinary action is predicated in part on the administration's expressed concern that it will be censured by the AAUP. Censure by the Association is imposed as a sanction for violations of its policies, which define principles of academic freedom. It is important to stress, however, that the constitutional and professional definitions of academic freedom are separate and distinct. The Constitution, insofar as it protects academic freedom, generates legal rights. In contrast, academic freedom as defined by the AAUP inheres in the professional standards of the academic community. Because the AAUP imposes censure based on its determination that AAUP policies have been violated, and not on whether an administration's conduct violated the First Amendment, a court's determination of First Amendment rights does not control the imposition of censure.
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