Academic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. Thebook outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A further chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research. The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general political and social topics unrelated to their work. This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise.

1. INTRODUCTION I. The Puzzle of Academic Freedom II. A Vulnerable Freedom III. The Scope of the Book 2. WHAT IS ACADEMIC FREEDOM? I. Introduction II. Academic Freedom Distinguished from Freedom of Speech III. The Varieties of Academic Freedom Claims IV. Academic or Intellectual Freedom? V. Conflicts between Academic Freedom Claims VI. Academic Freedom as a Constitutional Value 3. JUSTIFYING ACADEMIC FREEDOM I. Introduction II. The Case for Intellectual and Scientific Freedom III. The Case for Scholarly Freedom IV. The Case for Institutional Autonomy V. The Case for Academic Self-Rule VI. Conclusions 4. ACADEMIC FREEDOM IN THE UNITED KINGDOM I. Introduction II. An Historical Account of Academic Freedom in the United Kingdom III. The Education Reform Act 1988 IV. Individual Academic Freedom after 1988 V. Institutional Academic Freedom after 1988 VI. Conclusions 5. ACADEMIC FREEDOM IN GERMANY I. Introduction II. The History of Scientific Freedom in Germany III. Interpreting Wissenschaftsfreiheit IV. Wissenschaftsfreiheit in Universities V. University Legislation VI. Recent University Reforms and Wissenschaftsfreiheit VII. Scientific Freedom Outside State Universities VIII. Conclusions 6. ACADEMIC FREEDOM IN THE UNITED STATES I. Two Definitions of Academic Freedom II. Professional Freedom III. Constitutional Academic Freedom in the Supreme Court IV. Conflicts between Professors and Universities V. The Relationship between Professional and Constitutional Freedom 7. RESTRICTIONS ON FREEDOM OF RESEARCHI. Introduction II. Licensing and Ethics Committees III. Academic Freedom and Intellectual Property Laws IV. Research Contracts V. Government Research Contracts and Advice VI. Freedom of Research and Data Protection 8. ACADEMIC FREEDOM IN THE AGE OF TERRORISM I. Introduction II. UK Terrorism Laws III. Academic Freedom in the United States after 9/11 IV. Conclusions 9. FREEDOM OF EXTRAMURAL SPEECH I. The Problem of Extramural Speech II. Should Academic Freedom Cover Extramural Speech? III. UK Law IV. US Law 10. THE CHRIS BRAND CASE I. Events before the Tribunal Hearings II. The Tribunal Hearings and Report III. The Principal's Decision and the Appeal IV. The Unfair Dismissal Claim V. Assessment of Academic Freedom Aspects