Date and Time
Friday, March 11, 2011 at 12 p.m.
Peace & Justice Theatre, Joan B. Kroc Institute
USD School of Law is pleased to welcome Yale Law School Dean and Sol & Lillian Goldman Professor of Law Robert C. Post for the 27th installment of the Nathaniel L. Nathanson Memorial Lecture Series.
Academic Freedom as a Constitutional Principle
Professor Robert C. Post rejects the traditional analogy between academic freedom and individual First Amendment rights. He denies that the university constitutes a simple “marketplace of ideas.” He instead argues that the constitutional concept of academic freedom ultimately derives from the constitutional value of democratic competence, which refers to the creation and dissemination of knowledge necessary for the maintenance of democratic self-determination. He contends that the constitutional value of academic freedom is accordingly tied to the status of the university as an institution, which creates public disciplinary knowledge. Academic freedom refers neither to the individual’s right to speak, nor to an institutional right of independence, but to the health of ongoing disciplinary practices of knowledge creation and dissemination.
Reception to follow in the Peace & Justice Rotunda.
About Robert C. Post
Robert C. Post is Dean and Sol & Lillian Goldman Professor of Law at Yale Law School. Before Yale, he taught at the University of California, Berkeley, School of Law (Boalt Hall). Dean Post’s subject areas are constitutional law, First Amendment, legal history and equal protection. He has written dozens of articles in legal journals and other publications, including "Roe Rage: Democratic Constitutionalism and Backlash" (with Reva Siegel, Harvard Civil-Rights Civil-Liberties Law Review, 2007); "Federalism, Positive Law, and the Emergence of the American Administrative State: Prohibition in the Taft Court Era" (William & Mary Law Review, 2006); "Foreword: Fashioning the Legal Constitution: Culture, Courts, and Law" (Harvard Law Review, 2003); and "Subsidized Speech" (Yale Law Journal, 1996). He has also written and edited numerous books, including For the Common Good: Principles of American Academic Freedom (with Matthew M. Finkin, 2009); Prejudicial Appearances: The Logic of American Antidiscrimination Law (with K. Anthony Appiah, Judith Butler, Thomas C. Grey, and Reva Siegel, 2001); and Constitutional Domains: Democracy, Community, Management (1995). He has an AB and PhD in History of American Civilization from Harvard and a JD from Yale Law School.
The University of San Diego School of Law is a State Bar of California-approved MCLE provider and certifies that this activity is approved for MCLE credit in the amount of one hour of general credit.