{"id":60107,"date":"2021-11-03T15:49:28","date_gmt":"2021-11-03T19:49:28","guid":{"rendered":"https:\/\/world.edu\/?p=60107"},"modified":"2021-11-03T15:49:28","modified_gmt":"2021-11-03T19:49:28","slug":"university-of-florida-bans-professors-from-giving-expert-testimony-against-state-a-scholar-explains-the-academic-freedom-issues","status":"publish","type":"post","link":"https:\/\/world.edu\/university-of-florida-bans-professors-from-giving-expert-testimony-against-state-a-scholar-explains-the-academic-freedom-issues\/","title":{"rendered":"University of Florida bans professors from giving expert testimony against state \u2013 a scholar explains the academic freedom issues"},"content":{"rendered":"

\"\"
\nThe University of Florida\u00a0barred three of its professors<\/a>\u00a0from serving as paid experts in a Florida voting rights case –\u00a0sparking outrage<\/a>\u00a0within academia and in the news media. The university said allowing its professors to testify against the state was\u00a0at odds with its interests<\/a>. Critics say the move\u00a0puts politics ahead of academic freedom<\/a>. Here,\u00a0George Justice<\/a>, an English professor and former college dean, offers insight into the dynamics at play in the controversy.<\/em><\/p>\n

Why do professors need permission to be paid experts?<\/h4>\n

Many universities,\u00a0including the University of Florida<\/a>, have policies that ask faculty to seek approval for \u201coutside activities.\u201d This is true for both paid and unpaid activities.<\/p>\n

Those who work at research universities like the University of Florida have\u00a0job responsibilities<\/a>\u00a0outside of teaching. Tenured and tenure-track faculty spend less than half their time on direct instruction; they often teach two courses per semester. More than half their time, therefore, is allocated to research and service to the profession.<\/p>\n

Since professors have a lot of discretion in when they work, they have a lot of opportunities to moonlight \u2013 whether in jobs related to their expertise or not. In doing so, in theory they might neglect their official duties. Unapproved activities would be considered a conflict of their commitment to the job.<\/p>\n

Universities therefore develop policies for faculty to avoid both conflicts of commitment and conflicts of interest. At the University of Florida,\u00a0a conflict of interest takes place<\/a>\u00a0\u201cwhen a University Employee\u2019s financial, professional, commercial or personal interests or activities outside of the University affects, or appears to affect, their professional judgment or obligations to the University.\u201d<\/p>\n

Can a public university order faculty not to speak out publicly or in court?<\/strong><\/h4>\n

Academic freedom provides college and university faculty members the right to conduct research and teach students in a manner consistent with their professional knowledge. But the principles of academic freedom do not protect everything a tenured faculty member might say. This is true whether inside or outside of the university.<\/p>\n

The landmark 1940\u00a0Statement of Principles on Academic Freedom and Tenure<\/a>\u00a0\u2013 made by the American Association of University Professors and still in use today \u2013 states that: \u201cTeachers are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties.\u201d However, the statement says research done for \u201cpecuniary return\u201d \u2013 that is, in exchange for money \u2013 \u201cshould be based upon an understanding with the authorities of the institution.\u201d In other words, universities can\u2019t tell professors how to do their research as long as they fulfill their other duties, such as teaching. But when it comes to getting paid for their research, they need to get permission from the university where they work.<\/p>\n

The University of Florida\u00a0now claims<\/a>\u00a0that this is an issue of \u201cpecuniary return\u201d for faculty research. University spokesperson Hessy Fernandez stated that the university is merely\u00a0restraining these three experts<\/a>\u00a0from taking paid work outside their university duties.<\/p>\n

\u201cIf the professors wish to do so pro bono on their own time, without using university resources, they would be free to do so,\u201d Fernandez has said.<\/p>\n

Fernandez\u2019s statement contradicts the university\u2019s previous justifications for preventing the faculty to testify as experts. The university initially\u00a0asserted<\/a>\u00a0that there was a conflict of interest rather than commitment: \u201cAs UF is a state actor, litigation against the state is adverse to UF\u2019s interests.\u201d<\/p>\n

Now, they seem to be claiming a conflict of commitment, defined in their\u00a0standard policies<\/a>\u00a0as \u201cwhen a University Employee engages in an Outside Activity, either paid or unpaid, that could interfere with their professional obligations to the University.\u201d The university has not explained in what way testifying as expert witnesses would violate the professors\u2019 professional obligations.<\/p>\n

Have other scholars faced this kind of university restraint on their speech before?<\/strong><\/h4>\n

Not that I am aware of. Experts quoted in news reports call Florida\u2019s denial of the faculty members\u2019 request to testify on the basis of their scholarly expertise \u201cunprecedented<\/a>.\u201d They say this is especially so since it\u2019s a \u201cprior restraint on a professor\u2019s ability to speak<\/a>.\u201d<\/p>\n

\u201cPrior restraint<\/a>\u201d refers to censorship even before someone has spoken or published their words. It implies the requirement of a formal license in order to speak. By focusing its latest comments on the prospect of the faculty members being paid for their work as expert witnesses, I believe the university is trying to avoid accusations of exercising prior restraint.<\/p>\n

Does tenure protect professors who defy their university?<\/strong><\/h4>\n

Tenure does not protect faculty members who defy basic rules of employment that require them to fulfill their specified job duties.<\/p>\n

Tenure does protect faculty members\u2019 right to speak up on matters of their expertise. This includes speaking as expert witnesses. Many universities have specific language for this. For instance,\u00a0Oregon State University has a policy that states<\/a>\u00a0faculty can serve as expert witnesses in administrative or judicial proceedings in which the Oregon State Board of Higher Education and Oregon State University are not parties, as long as they do so \u201cin a manner consistent with the OSU Policy on Outside Professional Activities, and consistent with any college, unit, or department restrictions on outside consulting or conflict of interest policies.\u201d<\/p>\n

It would be a high bar for the University of Florida to jump over to claim that these faculty members would be violating their commitment to their research and their students by offering their expert testimony for this particular case, which challenges a\u00a0recent law on voting rights in Florida<\/a>, a subject for which all three are experts.<\/p>\n

Identifying the university\u2019s interest with the interests of the current governor – referred to as \u201cthe executive branch\u201d in the university\u2019s communications with the scholars \u2013 runs counter to the history and practice of public higher education. It also contradicts the more specific protections of academic freedom.<\/p>\n

Is this action a threat to academic freedom?<\/strong><\/h4>\n

It is a big threat. This is one of two recent challenges to tenure and academic freedom in Southern states. The other is a change to tenure rules in state universities in Georgia. The\u00a0changes<\/a>\u00a0there allow administrators to fire tenured faculty \u2013 who have a university guarantee of a job for life \u2013 without a\u00a0hearing before a faculty committee<\/a>. Some ask: If administrators by themselves can decide to revoke tenure,\u00a0does tenure really exist?<\/a>. In the cases of both Florida and Georgia, university administrations are taking on responsibility for managing what faculty do and say outside of established principles of faculty self-governance.<\/p>\n

Author Bio:<\/strong> George Justice is Professor of English at Arizona State University<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

The University of Florida\u00a0barred three of its professors\u00a0from serving as paid experts in a Florida voting rights case –\u00a0sparking outrage\u00a0within academia and in the news media. The university said allowing its professors to testify against the state was\u00a0at odds with its interests. Critics say the move\u00a0puts politics ahead of academic freedom. Here,\u00a0George Justice, an English […]\n… learn more→<\/a><\/p>","protected":false},"author":33,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[29],"tags":[12484],"coauthors":[11733],"class_list":["post-60107","post","type-post","status-publish","format-standard","hentry","category-higher-education","tag-academic-freedom-2"],"acf":[],"yoast_head":"\nUniversity of Florida bans professors from giving expert testimony against state \u2013 a scholar explains the academic freedom issues - World leading higher education information and services<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/world.edu\/university-of-florida-bans-professors-from-giving-expert-testimony-against-state-a-scholar-explains-the-academic-freedom-issues\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:locale\" content=\"en_US\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:type\" content=\"article\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:title\" content=\"University of Florida bans professors from giving expert testimony against state \u2013 a scholar explains the academic freedom issues - World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"The University of Florida\u00a0barred three of its professors\u00a0from serving as paid experts in a Florida voting rights case –\u00a0sparking outrage\u00a0within academia and in the news media. 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