Some believe academic freedom is primarily a collective right.
Others, including me, believe academic freedom is primarily an individual right — a protection often needed by lonely dissenters standing against the collective.
Process matters for protecting both conceptions of academic freedom. But only one conception leaves open the possibility that the outcome of that process was wrong.
When professors were punished for being communists or for refusing to sign loyalty oaths in the 1940s and ’50s, that was wrong, regardless of the rigor of the process that produced those outcomes.
When people seek to vindicate their rights in court — and courts fail to uphold them — that doesn’t negate those rights. Sometimes the process fails us, and we should feel empowered to say so.
The process failed to protect Amy Wax’s academic freedom rights, no matter how robust that process was.
Housed within the American Association of University Professors (AAUP), the group's conception of academic freedom seems to have little to do with free speech.
Here's a meeting where one fellow says that UPenn punishing Amy Wax for her speech was academic freedom in practice.