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Academic Freedom in American Universitas

In the United States, academic freedom is a recognized principle in the higher education. It is generally defined by the "1940 Statement of Principles on Academic Freedom and Tenure," jointly authored by the American Association of University Professors (AAUP) and the Association of American Colleges and Universities. These principles broadly state that "Teachers are entitled to freedom in the classroom in discussing their subject."

Academic freedom is based on the idea that to have a dynamic and safe environment for research, inquiry and education, faculty must have the right to engage in discipline-related teaching, learning, and research without outside interference. More specifically faculty must have the right to determine the universities’ curricula, teaching, students’ admission and evaluation criteria, research topics, publications, etc. The goal is to ensure that universities students and scholars can freely challenge the popular or conventional wisdom. The concept is closely related to principles of shared governance and tenure.

Many other countries including South Korea have adopted similar principles in their higher education system, albeit with different degrees of strength. In 2021 Freedom House placed Japan and Taiwan in its top 10% ranking, scoring 4 out of 4 for academic freedom. South Korea’s ranking tied with that of the US at 3 out of 4. China and North Korea, were in the bottom 10%, with academic freedom for both assessed at 0 out of 4.

Academic freedom however is not without limitations. The laws of society, including those concerning obscenity, pornography, and libel, apply to academic discourse and publication. Faculty also may not claim the privilege of discussing in their classroom controversial matter which has no relation to their subject. The above-mentioned 1940 statement also permits institutions to impose "limitations of academic freedom because of religious or other aims"

In the US, discussions of race, gender and sexual orientation are among the most controversial related issues. Can a professor use racial epithets in teaching a course? Should a white supremacist professor argue for his belief? Should academic freedom protect those who make false and morally repugnant claims? In response to these questions , many universities have adopted policies aimed at limiting speech and writing that is deemed discriminatory , or offensive on the basis of race, ethnicity, gender, religion, sexual orientation, or physical disability. Whereas supporters of the measures, known as “speech codes,” defended them as necessary to protect vulnerable groups against discrimination and harassment, opponents contend that they amounted to the legal enforcement of “politically correct” ideas and expressions.

In Korea, the atrocities committed by Japan during its occupation of Korea, and North Korea related topics are among the most controversial academic freedom issues. For example, academics  have to tread carefully in accessing officially blocked North Korea state and media websites for their research in order to not violate the National Security  Law passed in 1948.

As another example, In 2018 a Sunchon University professor was dismissed, prosecuted, and imprisoned for six months for insulting former Korean comfort women during a lecture . Sejong University scholar Park Yu-ha was fined in 2017 for false defamation of comfort women in her book Comfort Women of the Empire. Retired Yonsei University scholar Lew Seok-choon was tried after complaints from civic groups that he had insulted comfort women during a class.

Academic freedom is an active subject of controversy   and debate. the universities are well advised to have an open dialog with their faculty and students on this topic with consideration of their university’s culture. While in the exercise of this freedom faculty members may, without limitation, discuss their own subject in the classroom, the principle of academic freedom shall be accompanied by a corresponding principle of social responsibility

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