Heterodox Out Loud

The Classroom Legislative Battle with Keith Whittington | Ep 23

Oct 22, 2024

Keith Whittington, David Boies Professor of Law at Yale and director of the Center for Academic Freedom, dives into the contentious intersection of politics and higher education. He discusses Florida's 'Stop Woke Act' and its implications for academic freedom and the First Amendment. Whittington shares insights from the Academic Freedom Alliance on defending speech rights, while exploring historical legislative interventions that echo today's challenges. The conversation highlights the necessity for open discourse and the complexity of navigating censorship and government control in academia.

01:08:46

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Keith Whittington

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Quick takeaways

Political interventions, such as Florida's 'Stop Woke Act', challenge academic freedom by imposing restrictions on classroom discourse and curriculum content.

Historical legislative actions illustrate a recurring pattern of governmental influence over academic integrity, often leading to self-censorship by educational institutions.

The rise of modern technology amplifies scrutiny over academic speech, compelling professors to navigate increased public backlash and scrutiny in their teaching.

Deep dives

The Visibility of Controversial Ideas in Academia

The current landscape of higher education is marked by an increase in the visibility of professors' controversial ideas, which creates significant political challenges. Even without a change in the radical nature of their views, the heightened exposure to these opinions has sparked broader public scrutiny and backlash. This amplified visibility means that what was once contained within academic circles is now reaching a wider audience, intensifying debates surrounding free speech and academic freedom. The consequence is that professors are facing increased pressure to navigate these challenges responsibly, affecting how universities address and manage contentious topics.

Intro

5min

Defending Academic Freedom: The Role of the Academic Freedom Alliance

3min

Navigating Academic Freedom and Censorship

21min

The Evolution of Academic Freedom

10min

Loyalty Oaths and Academic Freedom

5min

Exploring Sweezy v. New Hampshire: Academic Freedom and Constitutional Rights

3min

The Paradox of Free Speech in Academia

17min

Navigating Political Diversity in Higher Education

4min

How does political intervention shape the landscape of higher education? Today, our guest is Keith Whittington, Ph.D, David Boies Professor of Law at Yale Law School and director of the Center for Academic Freedom. In this episode, host John Tomasi and Keith Whittington discuss the increasingly contentious legislative interventions in higher education, beginning with Florida's "Stop Woke Act." Whittington compares today's interventions to past efforts, discussing implications for academic freedom, First Amendment rights, and university regulation.

Whittington shares his experiences and the work of the Academic Freedom Alliance (AFA), emphasizing the importance of defending speech rights in academia. The episode also examines legislative trends, government control in public vs. private education, and challenges arising from modern technology and increased visibility of academic speech. Join us for some insights into the critical intersection of politics, law, and academia, emphasizing the necessity for open discourse and viewpoint diversity on university campuses.

In This Episode:

Whittington's new book, "You Can't Teach That"
The mission and efforts of the Academic Freedom Alliance (AFA)
An overview of Florida's "Stop Woke Act" and its implications
Historical legislative interventions in education
The role of the American Association of University Professors (AAUP) and the evolution of academic freedom
First Amendment challenges related to classroom speech at public and private institutions
The impact of political and ideological trends on higher education

About Keith:

Keith E. Whittington, Ph.D, 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. He is the author of You Can't Teach That! The Battle Over University Classrooms (2024), Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present (2019), and Speak Freely: Why Universities Must Defend Free Speech (2018), as well as Constitutional Interpretation (1999), Political Foundations of Judicial Supremacy (2007), and other works on constitutional theory and law and politics.

Whittington serves as Founding Chair of the Academic Freedom Alliance’s Academic Committee and as a Hoover Institution Visiting Fellow. He has been a John M. Olin Foundation Faculty Fellow, an American Council of Learned Societies Junior Faculty Fellow, a National Center for Free Speech and Civic Engagement Fellow, and a Visiting Scholar at the Social Philosophy and Policy Center. A member of the American Academy of the Arts and Sciences, Whittington served on the Presidential Commission on the Supreme Court of the United States.

Check out Keith's new book: You Can't Teach That!

Follow Keith on X: https://x.com/kewhittington

Find out more about the American Association of University Professors

Find out more about the Academic Freedom Alliance

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