Ep. 231: What is academic freedom? With Keith Whittington

“Who controls what is taught in American universities — professors or politicians?”

Yale Law professor Keith Whittington answers this timely question and more in his new book, “You Can’t Teach That! The Battle over University Classrooms.” He joins the podcast to discuss the history of academic freedom, the difference between intramural and extramural speech, and why there is a “weaponization” of intellectual diversity.

Keith E. Whittington is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law.

Read the transcript.

Timestamps: 

00:00 Intro

02:00 The genesis of Yale’s Center for Academic Freedom and Free Speech

04:42 The inspiration behind “You Can’t Teach That!”

06:18 The First Amendment and academic freedom

09:29 Extramural speech and the public sphere

17:56 Intramural speech and its complexities

23:13 Florida’s Stop WOKE Act

26:34 Distinctive features of K-12 education

31:13 University of Pennsylvania professor Amy Wax

39:02 University of Kansas professor Phillip Lowcock

43:42 Muhlenberg College professor Maura Finkelstein

47:01 University of Wisconsin La-Crosse professor Joe Gow

54:47 Northwestern professor Arthur Butz

57:52 Inconsistent applications of university policies

01:02:23 Weaponization of “intellectual diversity”

01:05:53 Outro

Show notes:

• “Speak Freely: Why Universities Must Defend Free Speech” Keith Whittington (2019)

• “You Can't Teach That!: The Battle Over University Classrooms” Keith Whittington (2023)

• AAUP Declaration of Principles on Academic Freedom and Tenure (1915)

• AAUP Statement of Principles on Academic Freedom and Tenure (1940)

• “Kinsey” (2004)

• Stop WOKE Act, HB 7. (Fla. 2022)

• Keyishian v. Board of Regents (1967)

• Indiana intellectual diversity law, S.E.A. 354 (Ind. 2022)

• “Tinker v. Des Moines Independent Community School District” (1969)