Abstract:
This essay discusses how the State of Indiana is reshaping academic freedom and tenure protection by the mandates enacted in Indiana’s Senate Enrolled Act no. 202 (SEA 202) and House Enrolled Act no. 1001 (HEA 1001), which require post-tenure reviews, faculty discipline policies tied to the content of the professor’s instruction, and oversight of university governance. HEA 1001 appropriates the state’s biennial budget and mandates the university to create a mechanism for placing professors on probation, with possible termination, if they do not satisfy the mandates of SEA 202 or HEA 1001. These bills function to influence the university’s internal governance. This essay evaluates how these mandates infringe upon constitutional rights and modify tenure, analyzing the bills’ mandates in relation to the First and Fourteenth Amendments. The essay concludes that while many of the mandates are likely to satisfy judicial scrutiny, they redefine tenure and the nature of work in an academic setting.
Download "The State as Donor: How Indiana Uses SEA 202 and HEA 1001 to Reshape Academic Freedom and Faculty Governance" or read it below.