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120 Penn St. L. Rev. 1027 (2015-2016)
Faculty, the Courts, and the First Amendment

handle is hein.journals/dlr120 and id is 1067 raw text is: Essay: Faculty, the Courts, and the First Amendment Neal H. Hutchens, Frank Fernandez, & Azalea Hulbert* I. INTRODUCTION The period from approximately 1945 to 1970 represented a time of unprecedented expansion in U.S. higher education.' It also marked the professional ascendency of college and university faculty, of an academic revolution as characterized by Christopher Jencks and David Riesman.' Contemporary faculty, however, face the unraveling of this academic revolution. A key trend involves a shift away from tenure-stream appointments and growing reliance on non-tenure-track faculty, including part-time adjuncts, now often referred to as the new faculty majority.3 With many faculty increasingly lacking the protections of tenure, questions and debate abound over the future prospects of faculty independence and academic freedom. Issues related to faculty speech and academic freedom also entail a constitutional dimension-one especially relevant for public higher education faculty-that provides the focus for this article. Akin to the unclear prospects for tenure, First Amendment protection for faculty speech, including that related to research and teaching, faces an uncertain and contested future. Despite periodic lofty rhetoric from the U.S. Supreme Court, First Amendment protection for faculty academic freedom-for professors' professionally-based speech in general-represents something of a * Neal H. Hutchens is Professor of Education at the University of Mississippi. Frank Fernandez is a Fellow at the Institute of Higher Education at the University of Florida. Azalea Hulbert is a Ph.D. Candidate in Higher Education at Penn State University. The authors are thankful to the Penn State Law Review for the opportunity to participate in this symposium issue. 1. See JOHN R. THELIN, A HISTORY OF AMERICAN HIGHER EDUCATION 260-316 (2d ed. 2011). 2. See generally CHRISTOPHER JENCKS & DAvID RIESMAN, THE ACADEMIC REVOLUTION (1968). 3. See, e.g., NEW FACULTY MAJORITY, http://www.newfacultymajority.info (last visited July 12, 2016).

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