This video is from the Higher Education: First Amendment Rights online training course. Click here to view full course: www.knowledgecity.com/en/library/L373338069/higher… Instructors use many teaching methods and forms of content to provide an engaging learning experience for their students. But how do instructors know when their teaching materials, methods, and topics violate First Amendment protections? Let’s explore the instructor’s rights in the classroom. Instructors are entitled to their First Amendment rights when on campus. In the classroom, instructors’ rights and guidelines usually revolve around the concept of academic freedom. The American Association of University Professors, or AAUP, played a key role in defining the professional standard of academic freedom. In 1940, the AAUP and the Association of American Colleges and Universities worked together to create the Statement of Principles on Academic Freedom and Tenure. Even though this statement isn’t legally binding, it offers a widely-known definition of academic freedom and its related concerns. These core principles have also guided legal rulings, including the U.S. Supreme Court cases of Tilton v. Richardson and Roemer v. Board of Public Works of Maryland. The Statement has a few guidelines on the topic of academic freedom. Academic freedom applies to both research and teaching. “Teachers are entitled to full freedom in research and in the publication of the results,” as long as they have adequately performed their other duties as instructors. The Statement also claims that “teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject.” When the statement was reviewed in 1970, the AAUP clarified that the statement was meant to discourage teachers from discussing irrelevant subject matters, not to discourage thoughtful discussion and the exploration of controversial material. This part of the Statement also recommends that “limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment.” Academic freedom upholds instructors’ rights to share their opinions and expertise within subjects that are relevant to their fields. This includes the content they teach, the methods they use, and the materials they select. The AAUP supports these rights and emphasizes that faculty play a key role in determining classroom content. In their Statement on Government of Colleges and Universities, the AAUP says that “the faculty holds primary responsibility for crucial domains like, Curriculum, Subject matter and methods of instruction, Research, Faculty status And aspects of student life linked to the educational process”. Let’s say that you want to engage in discussions about curriculum design, teaching methods, and course materials for your class. If you’ve identified challenges and you’re advocating for updates to your course, you’re within your rights to speak about these issues. And you can make use of your school’s procedures for proposing curriculum changes. These professional standards for academic freedom help instructors know what rights they have in the classroom. But instructors must follow other legal obligations, including guidelines from the school’s handbook or code of conduct. Speech codes and hate speech guidelines may affect what conduct is permissible the classroom. Some schools develop specific codes of conduct that are designed for faculty use. Legal requirements for discriminatory practices, intellectual property rights, and copyright laws are just a few of the most common regulations that instructors should be aware of. Understanding your school’s handbook and policies, as well as local, state, and federal laws will ensure that you uphold your rights without violating other laws. Instructors have many rights in the classroom setting regarding teaching methods, materials, and content. Academic freedom upholds these rights and helps teachers create engaging learning experiences that reflect the core values of higher education.
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