The Academic Freedom Podcast

Eugene Volokh, a seasoned legal scholar and author, joins Keith Whittington to unpack the recent decision by the Department of Homeland Security that pulled Harvard University's certification for the Student and Exchange Visitor Program. They explore the constitutional quandaries it raises, including the implications for campus free speech and international student visas. The discussion also dives into the chilling effect on academic freedom, government policies on viewpoint discrimination, and how such immigration regulations influence the choices of international students.

Keith Whittington interviews Cass Sunstein, the Robert Walmsley University Professor at Harvard Law School, whose scholarly interests include free speech, constitutional law, and administrative law. He recently authored a paper, “Our Money or Your Life!’ Higher Education and the First Amendment,” available here, which explores the First Amendment constraints of federal funding to American universities. Sunstein helps unpack the legal and constitutional questions raised by the Trump administration's strategy of withholding federal grants from schools like Columbia and Harvard to force internal policy reforms. 

Keith Whittington sits down with Daniel Hemel, professor of law at New York University Law School, with an expertise in taxation, nonprofit organizations, and constitutional law. They discuss the Trump administration’s threat to strip Harvard University of its tax-exempt status and the implications of the tax code for the workings of American universities.

Keith Whittington is joined by David Cole, the Honorable George J. Mitchell Professor in Law and Public Policy at Georgetown University Law Center. He is also the former National Legal Director of the American Civil Liberties Union. This episode focuses on the recent “Statement from Constitutional Law Scholars on Columbia,” of which Professor Cole was a lead author. That statement was published on the website of the New York Review of Books, and was signed by an ideologically diverse group of 18 scholars ranging from Steven Calabresi and Eugene Volokh to Erwin Chemerinsky and Pam Karlan. Keith Whittington also signed the statement. 

Michael Berube is the Edwin Erle Sparks Professor of Literature at Penn State, and Jennifer Ruth is a film professor at Portland State University. They discuss the vital distinctions between free speech and academic freedom, especially in light of today's social justice movements. They explore the challenges around extramural speech, the complexities of tenure, and the political dynamics affecting faculty autonomy. Key issues include how public statements can impact careers and the need for procedural protections to safeguard academic integrity.

Timothy Zick, John Marshall Professor of Government and Citizenship at William & Mary Law School, dives deep into the law of public protests. He discusses the significance of physical locations for protests and the concept of 'managed dissent,' which highlights legal complexities around civil disobedience. Zick emphasizes the crucial role of campus protests in fostering democratic engagement and the necessity for universities to protect student activism. He also addresses police practices impacting civil liberties amidst rising tensions during protests.

Cary Nelson, Jubilee Professor Emeritus at the University of Illinois, is a veteran of academic advocacy and past president of the American Association of University Professors. He shares his journey in defending academic freedom, highlighting the complexities of activism and evolving societal challenges. Nelson discusses the impact of hate speech on academia and the growing anti-Zionist sentiment among faculty. He also explores how social media scrutiny affects hiring practices and the implications of post-tenure reviews, emphasizing the need for critical discourse in universities.

The AFA's Keith Whittington interviews Mitch Daniels, the outgoing president of Purdue University and former Republican Governor of Indiana. During his time at Purdue, President Daniels has carved out a national reputation as a leader on campus free speech issues. Daniels shares the principles and practices he has followed to dramatically improve Purdue's rating as a defender of academic freedom. The university most recently appeared at number three on FIRE's College Free Speech Rankings. 

The AFA's Keith Whittington interviews Professor Eugene Volokh of the UCLA School of Law, where he teaches on the First Amendment. Volokh is also the founder and coauthor of The Volokh Conspiracy, a leading legal blog. Whittington and Volokh discuss the recent Georgetown Law controversy involving Ilya Shapiro, and whether universities should take public positions on the recent Supreme Court decision on abortion. They also discussed the Kalven Report, a 1967 report from the University of Chicago on the relationship between academic freedom and the political neutrality of academic institutions.

The AFA's Keith Whittington interviews Professor David Rabban of the University of Texas Law School, a member of the AFA's Academic Committee and former general counsel for the American Association of University Professors, about the importance of protecting both intramural and extramural speech. Drawing from recent high profile cases in which professors were sanctioned by their employers over statements made on social media and in podcast interviews, Whittington and Rabban explore how the principles of academic freedom apply to faculty both on and off campus, in their lives as scholars and as citizens.