Academic Freedom: definitions and risksPosted: September 27, 2022 Filed under: Academia, Art, Culture, Germany, Higher Education, History, Music - General, Musical Education, Musicology, Practice-Research | Tags: 1988 education reform act, 1997 unesco recommendation concerning the status of higher eduaction teaching personnel, 2017 higher education and research act, 2021 higher education (freedom of speech) bill, academic freedom, Academic Freedom and Internationalisation Working Group, activism, akua reindorf, alice sullivan, arif ahmed, brexit, brian ferneyhough, charles sanders pierce, christopher wiley, collegiality, david ruebain, decolonisation, edi, estelle morris, free speech, higher education policy institute, hillhead amendment, j.p.e. harper-scott, judith suissa, kathleen stock, laura favaro, lord jenkins, Model Code of Conduct for the Protection of Academic Freedom and the Academic Community in the Context of the Internationalisation of the UK Higher Education Sector, music and the university, nick hillman, office for students, philip ewell, quality assurance agency, quillette, researching and writing on contemporary art and artists, roy jenkins, royal holloway, schenkergate, tenure, times higher education supplement, timothy jackson, unesco, university college london, university of birmingham, university of southampton, university of sussex, wilhelm von humboldt, william cheng, wlliam matthews, writing about contemporary musicians 2 Comments
Last week I attended the debate ‘How can universities promote academic freedom? Insights from the front line of the gender wars’, at University College London’s Institute of Education. This was a stimulating and thoughtful event, organised in conjunction with the publication of a booklet of the same name by philosopher Professor Judith Suissa and sociologist Professor Alice Sullivan (both from UCL) (free to download). Suissa and Sullivan gave short introductions then responses to the booklet came from Baroness Estelle Morris (former Labour Secretary of State for Education), Professor David Ruebain (Pro-Vice-Chancellor for Culture, Equality and Inclusion at the University of Sussex), Professor Arif Ahmed (Professor of Philosophy at the University of Cambridge) (Akua Reindorf was unable to be present). With a debate focused upon the issues of biological sex against gender, it would be hard to deny that the panel was dominated by those believing that the former is not simply subsumed within the latter, though I gather various proponents of the primacy of gender and/or trans individuals (the lack of which was noted by Ruebain) were invited but declined to participate. The discussion centered around the evidence and arguments in the booklet for concerted attempts to silence, no-platform and ostracise ‘gender-critical’ scholars, a phenomenon also identified in a recent Times Higher Education Supplement article by early career scholar Laura Favaro (also available at this link), based upon interviews with 50 academics involved with gender studies. Favaro found many examples of a culture of fear, self-censorship, gatekeeping within journals and academic networks, and a total lack of frank and open discussion on what are undoubtedly contested areas. Various panellists and members of the packed audience at the event related similar experiences. What I have not seen is gender-critical feminists attempting to have their opponents censored, no-platformed, or hounded from their positions, though some have naturally responded very negatively to highly abusive comments towards the former, sometimes advocating sexual or other violence.
Morris argued that the disputes relating to sex and gender were about ideology versus evidence-based reasoning. Sullivan argued that some university Equality, Diversity and Inclusion (EDI) organisations can be and have been infiltrated by those from activist groups with extremist views. Ahmed, who paid tribute to Suissa and Sullivan, recognising the concerted hostility they will have faced, also noted other areas of intolerance, such as a tendency to brand anyone in a university who was or is a supporter of Brexit as a bigot. Despite being a 200% Remainer myself, I would be hard-pressed to disagree that this is the case, and can see how much of a problem it is. Ruebain was the one panellist giving a somewhat different view, arguing that we need to understand the contexts in which contested examples of academic freedom occur, and also suggesting that the issues here are so intensely personal and emotionally felt by many that it is hard to subject them to the usual processes of academic critique. This may be the case, but personal feelings do not seem to be a concern for those engaged in quite vicious and abusive hate campaigns against those associated with gender-critical views, often trying to force them out of their job, as occurred with philosopher Professor Kathleen Stock at the University of Sussex, after facing a huge mobbing campaign from by students and colleagues. Ruebain also compared current debates with the fervent disputes between second-wave feminists and disability activists in the 1980s over such issues as abortion rights. One questioner argued that the situation depended a lot on the institution at which one was based, noting that UCL’s record on defending academic freedom and staff was exemplary, but the situation was rather different at the Universities of Birmingham or Sussex. A somewhat more ambivalent account of the debate was published by Jim Dickinson for Wonkhe.
Academic freedom is in my view an utterly essential component of university life, a non-negotiable prerequisite of scholarly rigour and integrity. I nonetheless find it disappointing to find that there are more than a few academics, including some in senior positions, who have a rather dismissive view of the whole concept. In part I believe this is relates to one of the most troubling recent phenomena in academia, its infiltration by activists, uninterested in any scholarly knowledge other than that which bolsters their a priori positions, who attempt to recruit in their own image, limit curricula and teaching materials to those things which concur with their activist beliefs, and can act shockingly towards other scholars or students who dare to disagree (more to follow on fair engagement with students of multiple political perspectives in a subsequent blog post). Also at stake is the legacy of postmodernism, sometimes imagined now to be a dated movement of the 1980s and 1990s which no longer carries any sway, but some of the aspects of which, in particular extreme relativisation of concepts of ‘truth’ (often in opposition to straw man characterisations of positions supposedly insisting on 100% objectivity), and the somewhat later dissolution of scholarship into politics, continue to be major presences on the academic landscape.
Stock has written of her memories of pugilistic debate from faculty members (mostly men) with visiting speakers from when she was a Masters philosophy student, which seemed frightening at the time and designed to humiliate the speakers. But for all the problems with this (and it is certainly possible to conduct robust debate in a more civilised fashion), she believes that what came later was worse. Stock observed an exaggerated synthetic ‘niceness’ in debates, but combined with unctuous name-dropping, endless rules around debate, rather arcane rituals for raising hands and fingers, and often banal questions. This did not however remove the aggression, but simply directed it elsewhere. In the absence of proper open debate, many would revert to surreptitious means to undermine others, through mass denunciations on social media, many ad hominem attacks, complaints, hidden campaigns, and so on. As so often, those enforcing an agenda ostensibly about ‘kindness’ could be amongst the most vicious in trying to silence those who disagree with them on anything. One professor has even described debate per se as ‘an imperialist capitalist white supremacist cis heteropatriarchal technique that transforms a potential exchange of knowledge into a tool of exclusion & oppression.’
Suissa and Sullivan (whose excellent booklet I will not describe in detail here, as I would prefer that people read it themselves) find ample evidence of both students and academics attempting to suppress free speech and academic freedom, and make various key recommendations. These include the maintenance of the university as a pluralistic space which welcomes diverse views, avoiding official ideological viewpoints on behalf of institutions and the use of political lobby groups in shaping policy or providing training, and while recognising that activist networks have a place in academia, they must be independent of the university administration. They also advocate education of staff and students on academic freedom and the value of productive disagreement, including its legal and philosophical bases, the promotion of academic freedom alongside equality, including the appointment of a champion for academic freedom within the senior leadership team, further promotion of collegiality (sometimes a misused term taken to signify concurrence with a dominant ideology or promotion of a collective ‘brand’ – see below) and tackling harassment, providing security of tenure, signalling institutional support for academic freedom, and defence of the pursuit of truth. An article on the booklet, in particular the need for appointment of champions of academic freedom, can be read here.
What does ‘academic freedom’ mean? Many at the debate agreed that it was a different concept to ‘free speech’, though the two do overlap. In a paper I gave in ‘Musicology and Academic Freedom’ at the Music and the University Conference at City, University of London in July, I enlisted several definitions which I wanted to share here as well as some other arguments made in this paper. Whilst the concept can be dated back many centuries, it is generally accepted that the moder definition has its roots in the work of Wilhelm von Humboldt and the founding of the Berlin Universität in 1810. Humboldt published an essay entitled ‘Über die innere und äussere Organisation der höheren wissenschaftlichen Anstalten zu Berlin’ (1809-10), which has been translated as ‘On the Spirit and the Organisational Framework of Intellectual Institutions in Berlin’, Minerva, vol. 8, no. 2 (April 1970), pp. 242-250. The following are amongst the most pertinent passages:
Since these institutions [universities] can only fulfil their purposes when each of them bears continuously in mind the pure idea of science and scholarship [these two terms are used to translate Wissenschaft], their dominant principles must be freedom and the absence of distraction (Einsamkeit).
At the higher level, the teacher does not exist for the sake of the student; both teacher and student have their justification in the common pursuit of knowledge. The teacher’s performance depends on the students’ presence and interest – without this science and scholarship could not grow. If the students who are to form his audience did not come before him of their own free will, he, in his quest for knowledge, would have to seek them out. The goals of science and scholarship are worked towards most effectively through the synthesis of the teacher’s and the students’ dispositions.
The state must always remain conscious of the fact that it never has and in principle never can, by its own action, bring about the fruitfulness of intellectual activity. It must indeed be aware that it can only have a prejudicial influence if it intervenes. The state must understand that intellectual work will go on infinitely better if it does not intrude.
Now as regards the organisational and material side of the relationship of the institution to the state, the only concerns of the latter must be profusion (in the sense of mental power and variety) of intellectual talents to be brought together in the institution. This can be achieved through care in the selection of persons and the assurance of freedom in their intellectual activities. This intellectual freedom can be threatened not only by the state, but also by the intellectual institutions themselves which tend to develop, at their birth, a certain outlook and which will therefore readily resist the emergence of another outlook. The state must seek to avert the harm which can possibly arise from this source.
The heart of the matter is the appointment of the persons who are to do the intellectual work.
The state must not deal with its universities as Gymnasia or as specialised technical schools; it must not use its academy as if it were a technical or scientific commission. It must in general – with certain exceptions among the universities which will be considered later – demand nothing from them simply for the satisfaction of its own needs. It should instead adhere to a deep conviction that if the universities attain their highest ends, they will also realise the state’s ends too, and these on a far higher plane. On this higher plane, more is comprehended and forces and mechanisms are brought into action which are quite different from those which the state can command.
The young person, on entry into university, should be released from the compulsion to enter either into a state of idleness or into practical life, and should be enabled to aspire to and elevate himself to the cultivation of science or scholarship which hitherto have only been pointed out to him from afar.
The way thereto is simple and sure. The aim of the schools must be the harmonious development of all the capacities of their pupils. Their powers must be focused on the smallest possible number of subject- matters but every aspect of these must be dealt with to as great an extent as possible. Knowledge should be so implanted in the mind of the pupil that understanding, knowledge and creativity excite it, not through any external features, but through their inner precision, harmony and beauty. [. . . ] A mind which has been trained in this way will spontaneously aspire to science and scholarship.
Humboldt’s writings should be read in the context of the traditional German division between universities on one hand and academies of the sciences and arts on the other. He definitely favoured the former, and suggested that the latter have only really flourished where there are few universities. Academies had less strict requirements for selection of staff, compared to the habilitation required in a German university. Humboldt also believed the state should take exclusive control of appointments, rather than faculties:
Although disagreements and disputes within a university are wholesome and necessary, conflicts which might arise between teachers because of their specialised intellectual interests might unwittingly affect their viewpoints.
This important point is at odds with common processes for selection in the UK today.
From Humboldt’s ideas came the twin concepts of Lehrfreiheit (freedom to teach) and Lernfreiheit (freedom to learn), as subsets of Wissenschaftsfreiheit or Akademische Freiheit. These concepts developed through the course of the nineteenth century.
Another hugely important intervention in the development of the concept came from philosopher Charles Sanders Pierce, in his lectures delivered at Cambridge, MA in 1898 (collected in the 1992 Harvard University Press volume Reasoning and the Logic of Things: The Cambridge Conferences Lectures of 1898), in particular that entitled ‘The First Rule of Logic’, in which he compared the situation in American universities deeply unfavourably with their German counterparts in terms of free intellectual inquiry and in particular the link between this and teaching:
…inquiry of every type, fully carried out, has the vital power of self-correction and of growth. This is a property so deeply saturating its inmost nature that it may truly be said that there is but one thing needful for learning the truth, and that is a hearty and active desire to learn what is true. If you really want to learn the truth, you will, by however devious a path, be surely led into the way of truth, at last. No matter how erroneous your ideas of the method may be at first, you will be forced at length to correct them so long as your activity is moved by that sincere desire. Nay, no matter if you only half desire it, at first, that desire would at length conquer all others could experience continue long enough. But the more voraciously truth is desired at the outset, the shorter by centuries will the road to it be.
In order to demonstrate that this is so, it is necessary to note what is essentially involved in The Will to Learn. The first thing that the Will to Learn supposes is a dissatisfaction with one’s present state of opinion. There lies the secret of why it is that our American Universities are so miserably insignificant. What have they done for the advance of civilization? What is the great idea or where is [a] single great man who can truly be said to be the product of an American University? The English universities, rotting with sloth as they always have, have nevertheless in the past given birth to Locke and to Newton, and in our time to Cayley, Sylvester and Clifford. The German universities have been the light of the whole world. The medieval University of Bologna gave Europe its system of law. The University of Paris, and that despised Scholasticism took Abelard and made him into Descartes. The reason was that they were institutions of learning while ours are institutions for teaching. In order that a man’s whole heart may be in teaching he must be thoroughly imbued with the vital importance and absolute truth of what he has to teach; while in order that he may have any measure of success in learning he must be penetrated with a sense of the unsatisfactoriness of his present condition of knowledge. The two attitudes are almost irreconcilable.
A range of statements followed from the American Association of University Professors, of which the most important is the ‘1940 Statement of Principles on Academic Freedom and Tenure’, which was and is endorsed by a wide range of US institutions:
- Teachers are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the institution.
- Teachers are entitled to freedom in the classroom in discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject [my emphasis]. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of the appointment.
- College and university teachers are citizens, members of a learned profession, and officers of an educational institution. When they speak or write as citizens, they should be free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and their institution by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution.
The idea of limitations on academic freedom with deference to religious or other related principles now seems archaic in the modern secular university, but is understandable in the context of its time. What exactly is entailed by the phrase ‘respect for the opinions of others’ is open to much interpretation (certainly it is hard to see how this is true of those who regularly brand their opponents fascists, communists, colonialists, white supremacists, and so on), but there can be proper arenas and frameworks for this, through scholarly forums and the like, in which any aspect of someone’s arguments can be rigorously debated so long as this does not trespass into the realms of personalised attacks on an ad hominem basis, invoking factors irrelevant to the work. Most arguments, within reason, should be allowed a fair hearing but so should challenges to such arguments. To separate individual from work is harder than ever, however, in a time of intense subjectivity in scholarship, in which some make their case essentially on the basis of who they are and the experiences they have had, rather than the cogency of their arguments, as identified in William Matthews recent article for the THES.
In the UK, the most significant definition of academic freedom in recent times came about in the 1988 Education Reform Act, specifically in the so-called ‘Hillhead amendment’, named after Lord [Roy] Jenkins of Hillhead, which appeared within Section 202. This concerned the appointment of a body of University Commissioners (following the abolition of tenure), who would have various tasks:
to ensure that academic staff have freedom within the law to question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges they may have at their institutions;
Similar principles, presented in a more elaborate fashion, can be found in the 1997 UNESCO Recommendation concerning the Status of Higher-Education Teaching Personnel:
III. 4: Institutions of higher education, and more particularly universities, are communities of scholars preserving, disseminating and expressing freely their opinions on traditional knowledge and culture, and pursuing new knowledge without constriction by prescribed doctrines. The pursuit of new knowledge and its application lie at the heart of the mandate of such institutions of higher education. In higher education institutions where original research is not required, higher-education teaching personnel should maintain and develop knowledge of their subject through scholarship and improved pedagogical skills.
VI. 26: Higher-education teaching personnel, like all other groups and individuals, should enjoy those internationally recognized civil, political, social and cultural rights applicable to all citizens. Therefore, all higher-education teaching personnel should enjoy freedom of thought, conscience, religion, expression, assembly and association as well as the right to liberty and security of the person and liberty of movement. They should not be hindered or impeded in exercising their civil rights as citizens, including the right to contribute to social change through freely expressing their opinion of state policies and of policies affecting higher education. They should not suffer any penalties simply because of the exercise of such rights. Higher-education teaching personnel should not be subject to arbitrary arrest or detention, nor to torture, nor to cruel, inhuman or degrading treatment. In cases of gross violation of their rights, higher-education teaching personnel should have the right to appeal to the relevant national, regional or international bodies such as the agencies of the United Nations, and organizations representing higher-education teaching personnel should extend full support in such cases.
VI. 27: The maintaining of the above international standards should be upheld in the interest of higher education internationally and within the country. To do so, the principle of academic freedom should be scrupulously observed. Higher-education teaching personnel are entitled to the maintaining of academic freedom, that is to say, the right, without constriction by prescribed doctrine, to freedom of teaching and discussion, freedom in carrying out research and disseminating and publishing the results thereof, freedom to express freely their opinion about the institution or system in which they work, freedom from institutional censorship and freedom to participate in professional or representative academic bodies. All higher-education teaching personnel should have the right to fulfil their functions without discrimination of any kind and without fear of repression by the state or any other source. Higher-education teaching personnel can effectively do justice to this principle if the environment in which they operate is conducive, which requires a democratic atmosphere; hence the challenge for all of developing a democratic society.
VI. 28: Higher-education teaching personnel have the right to teach without any interference, subject to accepted professional principles including professional responsibility and intellectual rigour with regard to standards and methods of teaching. Higher-education teaching personnel should not be forced to instruct against their own best knowledge and conscience or be forced to use curricula and methods contrary to national and international human rights standards. Higher-education teaching personnel should play a significant role in determining the curriculum.
VI. 29: Higher-education teaching personnel have a right to carry out research work without any interference, or any suppression, in accordance with their professional responsibility and subject to nationally and internationally recognized professional principles of intellectual rigour, scientific inquiry and research ethics. They should also have the right to publish and communicate the conclusions of the research of which they are authors or co-authors, as stated in paragraph 12 of this Recommendation.
VI. 30: Higher-education teaching personnel have a right to undertake professional activities outside of their employment, particularly those that enhance their professional skills or allow for the application of knowledge to the problems of the community, provided such activities do not interfere with their primary commitments to their home institutions in accordance with institutional policies and regulations or national laws and practice where they exist.
The UK 2017 Higher Education and Research Act (which came in the wake of a wide range of changes to Higher Education from 2010 onwards and established the Office for Students, superseding the earlier Higher Education Funding Council for England and Office for Fair Access), contained relevant material on academic freedom in Section 2(8):
In this Part, “the institutional autonomy of English higher education providers” means—
(a) the freedom of English higher education providers within the law to conduct their day to day management in an effective and competent way,
(b) the freedom of English higher education providers—
(i) to determine the content of particular courses and the manner in which they are taught, supervised and assessed,
(ii) to determine the criteria for the selection, appointment and dismissal of academic staff and apply those criteria in particular cases, and
(iii) to determine the criteria for the admission of students and apply those criteria in particular cases, and
(c) the freedom within the law of academic staff at English higher education providers—
(i) to question and test received wisdom, and
(ii) to put forward new ideas and controversial or unpopular opinions,
without placing themselves in jeopardy of losing their jobs or privileges they may have at the providers.
For wider reasons beyond the scope of this article (but which will appear in a piece to be published in the THES in the week beginning 3 October), I do question some aspects of complete autonomy of higher education providers, which I do not believe has ever been wholly meaningful in light of wider bodies dedicated to the maintenance of standards (until recently by the Quality Assurance Agency). Furthermore staff deserve wider protection in terms of selection, appointment and dismissal practices, through employment laws which exceed the priorities of individual providers. Nonetheless, sections (a) and (c) are sound bases for the conducting of academic work.
In 2020, The Academic Freedom and Internationalisation Working Group produced a document entitled ‘Model Code of Conduct for the Protection of Academic Freedom and the Academic Community in the Context of the Internationalisation of the UK Higher Education Sector’. Whilst recognising the difficulties inherent in defining academic freedom satisfactorily, this group emphasise the following freedoms, drawing upon the 1988, 1997 and 2017 provisions:
- teach, discuss, assess, define the curriculum and study within their areas of academic expertise and/or inquiry;
- promote and engage in academic thinking, debate and inquiry;
- carry out research, and publish the results and make them known;
- freely express opinions about the academic institution or system in which they work or study;
- participate in professional or representative academic bodies;
- not be censored; and,
- fulfil their functions without discrimination or fear of repression.
These should not supplant the earlier definitions, but can be combined with them to demonstrate the priorities, and this provides a good basis for formulating working definitions.
Finally, the 2021 Higher Education (Freedom of Speech) bill (based on the white paper ‘Higher Education: Free Speech and Academic Freedom‘) from the UK Department of Education, still going through Parliament, lists the following duties for Higher Education Providers (HEPs):
A1 Duty to take steps to secure freedom of speech
(1) The governing body of a registered higher education provider must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (2).
(2) That objective is securing freedom of speech within the law for—
(a) staff of the provider,
(b) members of the provider,
(c) students of the provider, and
(d) visiting speakers.
(3) The objective in subsection (2) includes securing that—
(a) the use of any premises of the provider is not denied to any individual or body on grounds specified in subsection (4), and
(b) the terms on which such premises are provided are not to any extent based on such grounds.
(4) The grounds referred to in subsection (3)(a) and (b) are—
(a) in relation to an individual, their ideas, beliefs or views;
(b) in relation to a body, its policy or objectives or the ideas, beliefs or views of any of its members.
(5) The objective in subsection (2), so far as relating to academic staff, includes securing their academic freedom.
(6) In this Part, “academic freedom”, in relation to academic staff at a registered higher education provider, means their freedom within the law—
(a) to question and test received wisdom, and
(b) to put forward new ideas and controversial or unpopular opinions, without placing themselves at risk of being adversely affected in any of the ways described in subsection (7).
(7) Those ways are—
(a) loss of their jobs or privileges at the provider;
(b) the likelihood of their securing promotion or different jobs at the provider being reduced.
(8) The governing body of a registered higher education provider must take the steps that, having particular regard to the importance of freedom of speech, are reasonably practicable for it to take in order to achieve the objective in subsection (9).
(9) That objective is securing that, where a person applies to become a member of academic staff of the provider, the person is not adversely affected in relation to the application because they have exercised their freedom within the law to do the things referred to in subsection (6)(a) and (b).
(10) In order to achieve the objective in subsection (2), the governing body of a registered higher education provider must secure that, apart from in exceptional circumstances, use of its premises by any individual or body is not on terms that require the individual or body to bear some or all of the costs of security relating to their use of the premises.
(11) In this Part—
references to freedom of speech include the freedom to express ideas, beliefs and views without suffering adverse consequences;
“registered higher education provider” and “governing body”, in relation to such a provider, have the same meanings as in Part 1 of this Act
A3 Duty to promote the importance of freedom of speech and academic freedom
The governing body of a registered higher education provider must promote the importance of—
(a) freedom of speech within the law, and
(b) academic freedom for academic staff of registered higher education providers and their constituent institutions,
in the provision of higher education.
The bill goes on to list responsibilities for students unions, governing bodies and the Office for Students in these respects and in particular the creation of a Director of Freedom of Speech and Academic Freedom to monitor that such commitments on the part of HEPs are upheld.
While the bill is certainly not without problems, and may undergo further amendment before becoming law, I do believe overall it is a step forward. Those on the left who are committed to free speech and academic freedom should be prepared to concede some value in a piece of legislation introduced by a Conservative government.
Risks to Academic Freedom
In my own field of music/musicology, various recent events have highlighted issues of academic freedom. One is the affair known as ‘Schenkergate’, relating to the publication of a special issue of The Journal of Schenkerian Studies in 2020 in reference to the article by Philip A. Ewell, ‘Music Theory and the White Racial Frame’, Music Theory, vol. 26, no. 2 (September 2020). The controversy related in particular to an article by Schenker scholar Dr Timothy Jackson, making arguments about the prevalence of anti-semitism amongst African-Americans, and also arguing that the lack of involvement of African-Americans in music theory had much to do with the low incidence of classical music in the common upbringing of members of this community. Jackson found himself removed from the editorship of the journal as a result. He contested this in court and a Judge determined that this may violate his First Amendment rights. Prior to this, Jackson responded with an article for Quillette (‘The Schenker Controversy’, 20 December 2021) arguing for many fallacies in Ewell’s argument and reasoning.
The second affair was the resignation from a chair in musicology at Royal Holloway in the summer of 2021 of Professor J.P.E. Harper-Scott (who I will refer to as ‘Paul’, as that is how all who know him address him), about which I blogged earlier. Paul published an article online about his reasons for leaving academia, which included the following:
Without direct experience of academics until I went (as the first of my family) to university, I naively imagined them to be how they were presented in novels and TV programmes: sometimes quite bumbling and unworldly, but always committed to the pursuit of truth, never trusting in a commonplace ‘fact’ without subjecting it to the most serious sceptical scrutiny. This did not turn out to be true.
[…] It is a place filled with generally quite well-meaning people, but on the whole not with brave people, not people who are willing to follow the truth wherever it leads.
[….] I would put the problem in this (Kantian) way: I wrongly supposed that universities would be critical places, but they are becoming increasingly dogmatic.
This was followed by an example of a statement on the need to ‘decolonise’ the classical musical canon (on which subject I published an article in The Critic in July of this year), which was an example of what Harper-Scott deemed dogmatic, with a suggested alternative which he felt was more in the spirit of critical scholarly inquiry.
I share many of Paul’s concerns, and am also concerned with the trajectory of events relating to Schenkergate. But these relate to what I perceive as a range of factors which serve to limit and condition academic freedom in academia. So I offer the following list of these, some of which would concern those on the left, some those on the right, but all of which I think should concern anyone for whom academic freedom, defined more or less in the ways above, is a defining aspect of a university.
External Pressures from Industries and Institutions
I wrote more extensively about this subject in earlier blog posts here and here, but wish to emphasise (in line with the arguments in the later blog post), that in no sense should this be taken to imply that I oppose external engagement. I am referring to the situation whereby academics enter into partnerships with external institutions and bodies, which may be commercial, state-supported or partially state-supported. These partnerships may relate to research, teaching or both. In particular, I have in mind the situation in which the external institutions provide some financial support for these activities. If there is no such thing as a free lunch, there may also be no such thing as a free teaching or research grant. For such institutions to ask that their finance or other support entail concentration on certain areas is fair and to be expected. But what if the results are not necessarily what the external body wishes to hear?
The point may be made most clearly through reference to wider examples. Suppose that some major manufacturing corporation sponsors some research into the effects of particular types of manufacturing upon the environment. Perhaps the researchers in question may find their work leads them to the inexorable conclusion that this specific corporation are responsible for a range of environmentally damaging actions in the course of their regular activities, contrary to their own promotional material which argues that they are an environmentally-friendly corporation, also drawing attention to the fact that they sponsor this research in order to bolster such a thing. If the researchers felt under pressure to artificially modify or not publish their findings, for fear of not upsetting the corporation, this would in my view severely compromise academic freedom and integrity.
There needs to be some commonly agreed set of principles which become a basic prerequisite for academics entering into some partnership with an external institution, whereby they are free to follow where their research leads them without fear of the institution blocking their access or terminating the partnership prematurely, and also so that future partnerships will not discriminate against those who may have written critically about the institution in the past.
The Complex Relationship between Research and External Practice
This relates to concerns explored in some depth in the conference on ‘Writing on Contemporary Artists’ at the University of Surrey in 2017, organised by Christopher Wiley and myself, and features both in the 2020 Palgrave Macmillan, volume we edited, Researching and Writing on Contemporary Art and Artists: Challenges, Practices and Complexities, while in a specifically musical context will feature in our forthcoming Routledge volume Writing about Contemporary Musicians: Promotion, Advocacy, Disinterest, Censure. This subject is also discussed at more length in the two earlier blog posts linked to in the previous section.
What happens when academics are dealing with living or recently living practitioners or their estates – writers, composers, artists, directors of institutions, critics, promoters, and so on? Or if they have strong external connections with some of these people beyond academia? How free can they feel to write and research these independently, at least considering perspectives on them and their work which may not necessarily coincide with their own self-presentation, that of their publishers, and so on?
Is the role of academics to be ‘advocates’ for these figures, or is it the case, as I believe, that a too-strong application of this principle (as opposed to simply researching things to which one is sympathetic, which is a different matter) can easily result in hagiographic treatment? How do academics maintain critical independence without the fear of being frozen out of some of these people’s circles, their materials, and so on (a situation I know various scholars have experienced)? I have certainly felt the pressure when writing about a range of living composers whose work I also play, and to some extent upon whom I rely upon for some good favour, writing new works for me, recommending me to festivals to play their work, and so on. I am still unsure about the feasibility of reconciling this with being a critical scholar.
One of the factors afflicting a fair amount of writing on new music, in my view, is a failure to consider this. As I have written about in the case of various such writings, a position of defensive advocacy, coupled to attempts to pathologise any who disagree with a 100% favourable view, leads to something more akin to promotional material than more sober scholarly work.
There are of course also plenty of practitioners themselves active within academic arts departments. Whilst some are engaged in the type of more dispassionate scholarship characteristic of the humanities – and I would like to count myself in that category – in other cases the work is of a different nature, framing practice in terms of research questions and context, with the use of verbal material essentially to articulate the ways in which it qualifies ‘as research’. Artistic practitioners frequently have external careers, working in an alternative economy in which critical thinking is by no means necessarily respected or admired. Sometimes simply saying the right thing to the right people, those in positions of power able to do favours, and not questioning all sorts of dominant ideologies operative in these circles, is a much better bet than asking more difficult questions. This can lead to a situation which I conceive as ‘two cultures’ of scholars and practitioners in terms of the attitude and approaches they take.
These issues do, for sure, also apply to those who, as I do, seek to write in non-academic arenas about the arts (or other disciplines), for various reasons, not least because of the differing role that value judgement might play therein. But I think it is possible to differentiate between academic and other writing and not confuse the two. It is less clear where the distinction lies with non-written forms of practice.
Top-down demands by institutions.
In any institutions with a degree of central control of teaching and research, individual academics may find themselves in conflict with the explicit demands or requirements of their department, school, or whole university. Some may try to specify the contents of curricula, or require academics to fashion teaching in general towards generalised criteria of employability. In other cases, support and internal funding for research may rely upon its falling within certain areas, which may be fair enough, but could also require the employment of certain methods which themselves might be more likely to produce certain types of results. These factors might affect the extent, for example, to which teaching can realistically focus on critical perspectives upon the industries or institutions for which students might be looking to work, to link to the first point.
Elsewhere, policies relating to diversity or ‘decolonisation’ might dictate choices or approaches to their teaching, at worst precluding critical treatment of certain types of subjects, and conversely requiring only negative or pejorative attitudes towards others. It is notable in my experience that some who are ferociously defensive of their independence in other contexts can also be supportive of top-down policies in these respects.
But I believe it is important to maintain independence right down to singular academics when it comes to precisely how they conduct their teaching and research. It is fair that departments need to require that certain things are taught as part of a programme, and that certain knowledge and skills are imparted, but the approach to so doing should be left to the individual academic as far as possible. In this respect I have a lot of sympathy with the 2021 Higher Education Bill.
This said, as I will argue in next week’s THES, I do believe that there is a requirement for provision of certain core subjects to a recognised level in all regionalities of the country (not least to facilitate ‘commuter students’, not wishing to incur huge amounts of debt through moving away from home to study), and in this article will advocate some type of tertiary ‘national curriculum’, a more rigorous form of the types of subject benchmarks previously provided by the QAA. Nonetheless, it should still be possible to maintain freedom of individual academics within a framework of encouraging pluralistic perspectives and debate.
Different academics, sometimes of very different or opposing views, work together in departments. A further concern in terms of academic freedom has to do with pressures to conform with prevailing orthodoxies within a department, not questioning these or colleagues who propagate them, so as to maintain a consistent ‘brand’ for a department which is competing with others for students.
Sometimes the term employed here to put pressures on individual academics is ‘collegiality’, understood as working within a set of parameters, not markedly questioning them in ways which are incompatible with a group view. But this is not consistent with what I think is a decent definition provided in the UNESCO 1997 document:
UNESCO 1997, VI. 32: The principles of collegiality include academic freedom, shared responsibility, the policy of participation of all concerned in internal decision making structures and practices, and the development of consultative mechanisms. Collegial decision-making should encompass decisions regarding the administration and determination of policies of higher education, curricula, research, extension work, the allocation of resources and other related activities, in order to improve academic excellence and quality for the benefit of society at large.
All of this is entirely compatible with permitting academics to work without feeling pressure to conform or fashion their work in line with some ‘majority view’ in their department, and I think this is also essential.
Need to concentrate work in particular fields.
Securing academic jobs depends a good deal on one’s particular field and the job opportunities available. In the UK, fewer than 20% of students take traditional BMus or BA courses with a humanities approach which includes historical, analytical, critical and other types of musicology. The remainder take courses in musical theatre, music technology, popular music to a lesser extent, and certain types of musical performance, all of which are primarily vocationally oriented. As a result, the openings for historical musicologists (especially those working on early music), music analysts, and indeed ethnomusicologists working on the non-Western world are limited. Even those already holding university positions can come under pressure to shift in certain directions in light of changing provision, and some have encountered redundancies as a result. To link to a point made earlier, in some contexts a more critical view of the music industry, compared to some presentations of it as a model of diversity and inclusivity, may create problems for the individual academics if they are seeking work in institutions wedded to such a view.
Here I would look back to the Humboldt model and make what now seems a radical suggestion, which is that appointments should be administered centrally by the state rather than individual institutions, so as to ensure a fair distribution and representation of plural areas of teaching and research. Individual departments may recruit ‘in their own image’, and this can have the effect of shutting out openings for academics who once again do not fit with the dominant ‘brand’.
Here I have in mind the view put forward by William Cheng, in his 2016 book Just Vibrations, which has received positive endorsement from a range of leading musicologists (see for example here and here), though others have written very critically about this (see also here). Cheng is dismissive of academic freedom and even of ‘the belief that academics have a right to pursue their work free from political pressures and without fear of termination’. In place of this he advocates a musicology which he says ‘upholds interpersonal care as a core feature’. This is hardly compatible with Cheng’s own dismissive remarks about other musicologists and musicology, but is part of a certain view, usually linked to the term ‘social justice’, seemingly innocuous, but which in reality requires that researchers comply with an unyielding political agenda and fashion their work towards this. A recent position advertised at the University of Southampton Music Department which included ‘social justice’ in the job title. I do not see the difference between this and advertising a position in ‘Music and Support for Jeremy Corbyn’, ‘Musicology and Brexit Advocacy’, and so on – it appears entirely unreasonable and a constraint on academic freedom to specify a specific political outlook in a job description, and this should be investigated in terms of employment law. The view of Cheng and others reminds me strongly of the dictates in various undemocratic countries, in which academics and artists found themselves under strong pressure to propagate particular political ideologies, or find themselves facing censure, termination or worse. This should be utterly unacceptable to anyone concerned about academic freedom.
A new study conducted by the Higher Education Policy Institute (Nick Hillman, ‘“You can’t say that!” What students really think of free speech on campus’ (June 2022)) suggests that very significant numbers of UK students prioritise what they regard as demands for safety and protection from discrimination over free speech, wish to place issues such as sexism and racism outside of the boundaries of legitimate debate, would limit expression of views which offend certain religious groups, and so on.
We hear in many places about the vital role of students as ‘consumers’ who make the activities of universities possible, definitively placing teaching rather than research at the centre of their activities. The pressure on institutions to respond to demands from these ‘consumers’ can be intense, and it is by no means guaranteed that they will always act to protect the freedoms of academics in the face of student pressure.
Here I think we do need statutory measures implemented and enforced by the state, and also welcome some of the proposals in the 2021 act for this reason. For students to be able to hound out academics because they do not like some of what they have to say (as opposed to illegal activity or other things which transgress the inevitable constraints on free speech which need to be enforced by law) is to produce a culture more reminiscent of Mao’s China during the Cultural Revolution.
While formal disciplinary mechanisms precluding academic freedom in the Western world may not be that extensive, there are other pressures which can lead to self-censorship. These include increasingly precarious employment. In the UK there is no tenure system, and – as we are witnessing in other areas of the arts and humanities at present – academics can find themselves dispensable.
Some on the left often advocate for silencing of those they deem racist, transphobic, etc., but are highly defensive when others are accused of anti-semitism (or when those associated with genderist politics are accused of misogyny). Some on the right focus on anti-semitism (which ought to be an issue for those of all political persuasions) or advocacy of views they associate with terrorism, but are more defensive with respect to other things. I believe that only in very blatant and explicit cases should any of these be used as a justification for limiting academic freedom. Anti-Zionists and gender-critical feminists should not feel that their view is illegitimate in academia.
Critical subjects should remain a presence in all universities. All academics must be free to follow where their research and convictions take them, even if their conclusions are not what their institutions, external partners, or colleagues want to hear. To fashion one’s work according to the demands of any of these is another fundamental betrayal of academic freedom.