Chapter 2: From a Century of Defeats: The Slow Emergence of Academic Freedom from the Courts in the Early 20th Century

In this article, I trace the slow evolution of the contemporary idea of “academic freedom” through two court cases of the early twentieth century. Unfortunately for academics, this history does not end with a ringing endorsement of the right of academics to speak freely without being afraid of losing their teaching jobs. Rather, the courts have tended to agree that while faculty do have freedom of speech under the first amendment, they do not necessarily have the right to keep their jobs no matter what they say. This chapter illustrates the court’s early validation of punishing the “free speech” of employees if it promotes a “bad tendency” in Patterson v. Colorado in 1907 and concludes with Oliver Wendell Holmes’ ruling in 1919 that introduces the concept of the “marketplace of ideas” to evaluate speech even though the defendants were convicted of espionage as they exercised their “freedom of speech.” For the educator, freedom of speech is essential in having the academic freedom to pursue their discipline.