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    To What Extent Should Academic Freedom Allow Academics To Criticise Their Universities?

    84028.pdf (572.3Kb)
    Access Status
    Open access
    Authors
    Levine, Pnina
    Haydn, Rigby
    Date
    2022
    Type
    Journal Article
    
    Metadata
    Show full item record
    Citation
    Levine, P. and Haydn, R. 2022. To What Extent Should Academic Freedom Allow Academics To Criticise Their Universities? Monash University Law Review. 48 (1).
    Source Title
    Monash University Law Review
    DOI
    10.26180/20792524
    ISSN
    0311-3140
    Faculty
    Faculty of Business and Law
    School
    Curtin Law School
    Remarks

    Copyright © 2022 Monash University and Monash University Law Review. Reproduced with permission from the publisher.

    URI
    http://hdl.handle.net/20.500.11937/84086
    Collection
    • Curtin Research Publications
    Abstract

    The recent case of Gerd Schröder -Turk v Murdoch University has thrown up questions in relation to the extent to which an academic is allowed to criticise the university at which they are employed. What freedom, if any, does an academic have to criticise the practices of their Australian university? Are there any limits to this freedom? Are these limits appropriate? These questions in turn raise questions as to the existence and nature of any right that an academic has to exercise academic freedom in Australia and whether and the extent to which this right may provide an academic with more protection to criticise their university employer than they may have otherwise had and whether this may have unintended, detrimental consequences. Does this right to academic freedom allow academics to criticise their institution whether or not they have a reasonable basis for doing so and if so, should this be the case? This article explores these questions with particular reference to the effect of the Model Code for the Protection of Free Speech and Academic Freedom recommended by former High Court of Australia Chief Justice Robert French and proposes some amendments to this Code.

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