Academic Freedom and Freedom of Expression

Academic Freedom

The MC Law teacher is entitled to freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties; but research for pecuniary return will be based upon an understanding with the Dean of the law school.

The MC Law teacher is entitled to freedom in the classroom in discussing the subject matter of the course, but shall be careful not to introduce into the classroom controversial matters that have no relation to the subject. Moreover, MC Law reserves the right to limit academic freedom and freedom of expression to reflect its religious mission to the extent such limitations are protected by the First Amendment of the United States Constitution. MC Law operates within the structure of a Christian university, and, in addition to being bound by the instant policy, MC Law and its teachers are also bound by the University’s Christian mission as reflected in the University’s Policies and Procedures, to include Academic Freedom Policy 1.07.

The MC Law teacher is a citizen, a member of a learned profession, and an officer of an educational institution. When speaking or writing as citizens, teachers should be free from institutional censorship or discipline, but their special position within the community imposes special obligations. As persons of learning and educational officers, teachers should remember that the public may judge their profession and their institutions by their utterances. Hence, they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not institutional spokespersons.

In responding to inquiries that are made to a teacher at MC Law, discretion should be used with regard to the use of University letterhead and/or email or other University IT platforms, particularly in controversial matters. It is important that those receiving a reply do not interpret a response as being the position of the total University community, and it is essential that one employ civil and courteous language even when the inquiry may be critical or sharp in tone. The entire University is often judged by correspondence exchanges. Professionalism is expected at all times while operating as a citizen of MC Law.

MC Law teachers are permitted to engage in partisan politics on an individual basis. In all such correspondence, public statements, and other communications, faculty members should use home addresses, personal stationery, personal email account, or other personal IT fora that do not identify MC Law and make no reference to the University affiliation. No use of University titles. No member of the University community speaks for any other member in partisan political matters, and the University as an entity must avoid partisan politics to maintain its tax-exempt charitable status.

This Academic Freedom Policy applies to:

• All full and part-time faculty, as well as to all others teaching at MC Law.
• Conducting research, publishing scholarship, engaging in law school governance, participating in law-related public service activities, curating library collections and providing information services, and exercising teaching responsibilities, including those related to client representation in clinical programs.

Any claim of a violation of this Academic Freedom Policy will be afforded due process—to include notice from the Administration of a purported violation, opportunity to make a written response, hearing before a faculty committee and/or the entire faculty, and opportunity for appeal to the Administration.

Freedom of Expression

MC Law is committed to a robust and vigorous intellectual life in and out of the classroom in which ideas are explored, theories assessed, and opinions evaluated. Central to this engagement is the freedom to engage in unfettered discourse, argumentation, discussion, and debate both in writing and orally. Freedom of thought, freedom of speech, and freedom of expression in all forms are prerequisites to the fulfillment of the law school’s educational and scholarly mission.

Accordingly, MC Law has the responsibility to ensure an academic environment in which conflicting ideas and opinions may be expressed and challenged. Indeed, the exchange of differing ideas, opinions, and facts is essential to the explication and assessment of truth, however the concept of truth may be understood. For this to occur, to encourage open and candid exchanges, it is important that the exercise of the freedoms central to the law school’s mission be characterized by respect and courtesy, even between those with fundamental disagreements or toward those whose views are controversial, unpopular, or offensive.

Underlying the commitment to freedom of expression and respectful disagreement is the conviction that adherence to these principles will enhance the assessment of the scrutinized ideas or opinions, the belief that doing so will strengthen mutual understanding of differing perspectives, and the hope that it will diminish distrust and disagreement.

General Principles

Members of the MC Law community are free to disagree, criticize, contest, or protest the ideas and opinions of other members of the community, or of invited speakers. But such disagreement, criticism, or protest must be peaceful and may not obstruct, disrupt, or interfere with the functioning of either internal or public events, even if some members of the community consider the views expressed fundamentally objectionable or offensive.

Specific Policies

1. Except as set out in the following paragraphs, all members of the MC Law community and invited speakers of members of the MC Law community are free to express themselves as they wish. Again, with the exceptions set out below, the law school does not police the messages or viewpoints expressed within its walls or digital platforms.

2. The law school prohibits conduct or speech that disrupts or hinders freedom of expression or meaningfully interferes with or disrupts routine law school activities such as classes, public lectures, scholarly conferences, panel discussions, student group meetings, or student sponsored public events. Picketing, distributing literature, and similar activities outside a room in which a person is speaking are permitted, but must not impede access to the room or interfere with the ability to hear or be heard inside the room. In the room, it is not permitted to shout, chant, play music, or otherwise make noise that interferes with a speaker’s ability to be heard, to obstruct the view of attendees by holding up signs or standing between the speaker and audience, or to physically obstruct access to, or egress from, a room where a speaker or speakers are being presented. Displaying a sign, wearing significant/symbolic clothing, standing, or otherwise protesting noiselessly is permitted unless the protest interferes with the audience’s view or prevents the audience from paying attention to a peaker. Displaying signs or remaining standing is restricted to the back of the room or the hallway outside.

3. The following types of speech are prohibited at MC Law and on any on-line platform or forum sponsored by the law school, and violators may be subject to discipline:

   1. Speech that violates the law.

   2. Speech that falsely defames an individual.

   3. Speech that constitutes a true threat to safety and to common welfare or good order or discipline.

   4. Harassment or verbal abuse of any member of the MC Law community, including the posting of a student’s image or identifying information on social media (or any similar broadly available medium) in a manner or context likely to subject that individual to harassment.

   5. Speech that constitutes an unwarranted invasion of privacy or an unauthorized disclosure of confidential information.

   6. Speech that creates serious risk to the physical safety of members of the MC Law community.

   7. Speech that promotes hatred based on race, religion, ethnicity, national origin, gender, gender expression, sexual orientation, or military affiliation.

4. In inviting speakers to the law school, students are encouraged to weigh the potential harms and benefits of any contemplated event. Speech that degrades or dehumanizes any member of our community tends to impede rather than advance thoughtful discourse.

5. MC Law operates within the structure of a Christian university. This religious affiliation informs the law school’s mission. In addition to being bound by the instant policy, the entire MC Law community is also bound by the University’s Christian mission and rules of conduct as reflected in the University’s Policies and Procedures, to include Mission, Strategic Goals, and Denominational Affiliation Policy 1.05. Consequently, MC Law reserves the right to limit any speech or conduct that is inconsistent with its stated Christian mission to the extent that those limitations are consistent with the protections guaranteed the University by the First Amendment of the United States Constitution.