“They Said What?!”

Any board member or university leader who has lived through an academic year knows or can recall that moment. A controversial comment, syllabus, speaker, or publication comes to light and the calls start coming. Donors, elected officials, alumni, faculty, parents, students, or possibly religious authorities (key constituencies all) have a reaction and an opinion as to how the matter should be handled. In response, leadership huddles to determine the appropriate response. The desire to act quickly and get ahead of the issue competes with the cautionary voice advocating for process and deliberation. Both can be the right answer depending on the problem. This is a legal viewpoint column, so we will focus on the legal boundaries of these controversies. To narrow a topic that warrants a book, this article focuses on academic freedom, a particular issue within free speech. This essay sets forth a few basic concepts and suggests some actions that trustees can consider and exercises to prepare for that moment.