When Legislatures Become the Ally of Academic Freedom: The First State Intellectual Diversity Statute and its Effect on Academic Freedom

Authors

Patrick Garry, University of South Dakota School of LawFollow

Document Type

Article

Publication Date

2019

Disciplines

Law

Abstract

In reaction to events suggesting a free speech problem on its state university campuses, the South Dakota Legislature recently passed an Intellectual Diversity Act applicable to public universities in the state.  The Act coincided with President Trump’s executive order conditioning federal funding on free speech protections at the nation’s institutions of higher education.  Claims of academic freedom infringement accompanied passage of the South Dakota Act.  This Article examines those claims by analyzing the goals and principles of academic freedom and comparing them with the goals and effects of the South Dakota Act.

Publication Title

South Carolina Law Review

Volume

71

First Page

175

Recommended Citation

Patrick M. Garry, When Legislatures Become the Ally of Academic Freedom: The First State Intellectual Diversity Statute and its Effect on Academic Freedom, 71 S. Car. L. Rev. 175 (2019)