UW-Madison's faculty has less freedom to criticize administrators than they realize, according to one professor who will propose amending UW's academic freedom policy at Monday's University Committee meeting.
Donald Downs, a political science and law professor specializing in free speech, said UW's current policy does not address institutional criticism, like recent faculty statements targeting Provost Paul DeLuca's graduate school restructuring proposal.
According to Kathi Westcott, associate counsel for the American Association of University Professors, faculty nationwide have been concerned about their right to speak out since a 2006 Supreme Court case ruled public employees could be disciplined for criticism ""pursuant to their official duties.""
Two ensuing cases applied the standard to faculty, including one involving a UW-Milwaukee associate professor who was disciplined for criticizing the way his National Science Foundation grant was handled. A federal circuit court ruled the professor was speaking as an employee and not a public citizen, allowing the university to reduce his pay and return his grant.
""Without clear guidance there's always the potential, even if no one's been fired or reprimanded, that there may be concern about engaging in that dialogue,"" Westcott said, noting the University of Minnesota's faculty amended its policies in June to address the potential free speech restriction.
""I'm not worried about it right now,"" Downs said. ""Because of our traditions, the faculty would rally around someone … but one can never predict the climate.""
Downs pointed to ""witch hunts"" over speech codes imposed on faculty in the 1990s as an example of similar restrictions.
Downs said university faculty and potentially academic staff should be exempt from the court's restrictions.
""We're not entitled to more freedom of speech because of who we are, we are entitled to more freedom of speech because that's necessary for the university to accomplish its mission … which is the pursuit of truth through a variety of perspectives and criticism,"" Downs said.
Westcott said other universities are currently scanning their academic freedom policies for weaknesses. She said administrators should be concerned as well, since the ruling may leave universities vulnerable to libel lawsuits brought against faculty whose institutional speech may be controlled by the university.
