law. Opinion differs on what if any- In fact, many federal anti-discrim— dom-aprofessor’s right to hold and ex-
» thing, higher education can do to cope ination laws, such as Title VII, do pro- press unpopular opinions. justice
i with the situation. Some, like the 23- vide such recourse, but courts have been Frankfurter extended the concept to in-
I   member Sloan Commission on Govern- hesitant to assess fees against losing clude what he described as "the four es-
ment and Higher Education, urge an plaintiffs. As one jurist notes, most dis- sential freed0ms" of a university: "to de-
e t attack on one of the root causes: over- crimination complaints that make it to termine for itself on academic grounds
1 lapping, undermanned, and uncoordi- court have some merit; the individual who may teach, what may be taught,
E nated government bureaucracies which truly believes—whether or not it can be how it shall be taught, and who may be
I elaborate and enforce government regu- proved- that he or she is a victim. admitted to study.”
4 lations. Congress drafted much of the Dallin H. Oaks, the president of Brig- Twenty-three years later, college at-
ly I social legislation of the past two decades ham Young University, wants to fight tomeys still quote the Frankfurter deci-
y_ with the voluntary resolution of com- fire with fire. He thinks the most pro- sion, but they and their institutions
ss , plaints as its goal. But the agencies re- mising approach to the problem of grow increasingly aware of the en-
l_ i sponsible for mediating disputresquickly growing court involvement in academe croachments on each of the'four free-
stockpiled so heavy a backlog of pend- would be for colleges and universities to doms he defined. The prevailing social
yy ing cases that complainants sought fight broad legal battles of principle currents favor egalitarianism and
it quicker action in the courts. As of 1975, based on the First Amendment. A strongly resist any unchecked author-
ac for example, there were 126,000 cases former University of Chicago law pro- ity—even if it comes in the name of so
s_ pending before the EEOC, making the fessor, he thinks that the First Amend- noble a goal as the search for truth and i
a_ average wait from hearing to resolution understanding. The difficult task facing
i_ in an EEOC suit from four to six years.   colleges and universities, then, is to
[_ Several federal statutes barring dis- •  -1~ find, within the law, a way to balance
_a crim1nation do not give injured parties     |§   ‘i social justice and institutional integrity:
i_ the right to sue, but rather imply that     I `si to remain free to perform their mission
d government agencies should solve the *0 bulunce  t.,·_ for all of society, while being fair to
g problem by arbitration and, failing each segment of society. E]
_ that, by cutting off federal funds. Dif— ° ' ° ° °
is ferent courts took different positions on soclul Inlusilce vvrlih _ _ _
. . . , . . This report is the product of a cooperative en-
,y thc lndwlduals right IO suc until last • *°* t. I ° * • deavor in which scores of colleges and universities
ts MOY when the U-S- SIIPTOITIO COIITI   I u         are taking part. It was prepared under the direc-
__ settled tl’1€ qu€Sti0I1 by ruling that tion of the persons listed below, the members of
  Geraldine Cannon, a 39-year-old surgi-   EDITORIAL PROJECTS FOR EDIICATION
is cal nurse did indeed have the right to   m$`°xy$ymps:.°d“°a[I°“°l°Iga`
. . . . , o ices in as mgton, D.C. The
sue the University of Chicago and ment protections of speech, press, and snanabess_ it snnnid ba nated. act in this capacity
n_ Northwestern medical schools. assembly can be logically extended to for rhemseives and not for their ihsrhuriohe and
sd The Sloan Commission has recom- include a constitutional protection of not all of them necessarily agreewith all the points
n_ mended that all the anti—discrimination schools, colleges, and universities "in     E§I‘;;°’;("°di “° P"} II‘“Y bi
as procedures be brought into one agency their role of advocacy and practice as nignnha mamba; am: press pcmussmn °
.i_ within the new Department of Educa— sources, teachers, and practitioners of Gene A_ Baiitittit pennanent Charity Fund ef
n_ tion. Commission vice chairman Carl values in our society." He notes that just Boston; Robert aw. Beyers, Stanford University;
ay Kaysen feels this would provide a "more 50 years ago, the law of free speech and M¤'¤IY¤ OIII€$PI°· $Y*¤r¤hrr¤¤r¢ C¤II¤g¤¤ Charles
la flexible array of remedies and sanctions free press in the United States was in an   H°lmk°"‘ C°““°'I _f°’ °h° A<*v¤¤¤fm=¤· arid
. . . . . upport of Education; john I. Matull,
sh that should diminish the widespread re- embryonic stage. It was strengthened Massachusetts insnnna of Technology; Kan
nt sort to litigation." and defined by court challenges. "Now Mmieh University Ofgtegoht Rt,he,tM_ Rh0dC5_
as Others would attempt to allay the there are threats to the freedom of edu- Brown University: Verne A. Stadtman. Carnegie
in problem by making it more difficult cators and educational institutions," II;°“(;"I?‘I‘;;" f°I ‘II° AfI‘fa“°°“‘°“‘ °I T°‘=‘°I““S¥
a_ and dangerous for those who bring suit, says President Oaks. “And while we Cfarigcn   Phllhps gcadcmx And°v°Ii
_ _ _ . yer, ret. artmouth College,
as and shifting to them the burden of have legal theories to meet them, those Eiiaaheth wiiSen_ Uniyetsity et Temnte; Cnesiey
n_ proof and the costs of losing. Bank of theories can only be developed into full- Worthington, ret. Brown University, and Ronald
na Chicago President Richard L. Thomas fledged protections if we are willing to A- W°II<· EdI¤°¤¤II’r0J€€¤S f•>r Ed¤€¤¤i¤¤·
in   believes "we ought to work toward a take positions and carry them through The staffofgpig are;
»f_   change in our laws to provide that those with the expensive litigation necessary Ronald A. Wolit, Editor; Martha lvlatzke, Associ-
nf y who file unworthy suits and lose them to the progressive development of the 2;;** II‘I“°'¤ I-°$II° I$·I“I“I’I”IId· Busmm M°¤¤8°'¢
_ - · rr enton Beal, Special Consultant, and M. Sandra
aa y will be obliged to pay for the defen— law. Reeves spaciaiconsunaml
an ? dant’s costs and legal fees." Until now, the most famous assertion _' _ _ _
v_ of broad education freedoms eome from gggriigjr © *980 br Ed·*¤r·¤* *’*¤J·=¤=¤ fm Edua-
se Supreme Court justice Felix Frankfurter ' `
in a 1957 court case testing the more
aa narrow definition of academic free-
rr-
to
he
9