The Climate of Academic Freedom

A showdown over academic freedom is brewing at the University of Virginia. On May 3, state Attorney General Ken Cuccinelli (R) issued a civil information demand (or CIV, essentially a subpoena) to the university demanding it turn over documents from climate scientist and former UVA professor Michael Mann related to his research on global warming. Mann applied for five research grants from UVA while at the institution. Cuccinelli, a vocal skeptic on global warming, alleges that the professor defrauded taxpayers by using in his research what Mann once referred to in an email as a statistical research "trick," a claim that Mann insists has been taken out of context. The email exchange has earned the name "Climategate" from conservatives who doubt scientific data on global warming.

Mann left the university in 2005 and is now a professor at Penn State. "I think he’s [Cuccinelli] simply trying to smear me as part of a larger campaign to discredit my science," Mann told the Washington Post on May 4. In support of Mann, the Union of Concerned Scientists has released a letter signed by 800 professors and scientists in Virginia urging Cuccinelli to drop the case. In their letter, they write: "Virginia’s colleges and universities—as well as its private sector—thrive on innovation and have a proud tradition of scientific research and discovery that dates back to the days of Thomas Jefferson. Actions that interfere with the academic freedom of scientists and their ability to challenge the ideas of other scientists threaten this legacy."

Facing a May 27 deadline to turn over any and all emails or correspondence between Mann and 39 other scientists since 1999, UVA has retained outside legal counsel, an indication that it may be preparing to fight the CIV. "The university and its Board of Visitors believe it is important to respond to this," said university Rector John O. Wynne, in a statement quoted by the Washington Post on May 14. "Research universities must defend the privilege of academic freedom in the creation of new knowledge."

In our 2010 publication Effective Governing Boards: A Guide for Members of Governing boards of Public Colleges, Universities, and Systems, we had this to say on the subject of academic freedom:

Institutional autonomy includes the tradition of academic freedom, regarded as an essential tenet of American higher education. The strength and stature of a college or university may be most clearly exemplified by its protection of this right. Academic freedom is the right to pursue truth without reprisal, regardless of how unpopular that pursuit is with political, religious, institutional, or other leaders.

Threats to academic freedom may occur both outside and within the academic community. The critical challenge for the governing board, with the guidance of its legal counsel, is to differentiate those external forces that demand compliance from those that should be resisted. Even where a threat may immediately target only an individual professor, the institution’s autonomy may be potentially implicated to a degree that the board should not only support the imperiled faculty member but also assert collective interests.

AGB believes that the principles and practices of self-regulation for colleges and universities are increasingly important, as pressures from governments for more accountability strain institutional independence. We are in an era of enhanced scrutiny of higher education by state and federal policymakers, but the traditions of faculty independence and academic freedom have served society well and will continue to do so.