Texas Universities Must Protect Faculty Academic Freedom

Faculty rights face unprecedented challenges across Texas public universities. Recent legislative actions and political pressures have created an environment where academic freedom and due process protections require urgent reinforcement.

The Texas Conference of the American Association of University Professors (AAUP) has issued a comprehensive statement to academic administrators statewide, emphasizing their legal obligations to uphold constitutional protections for faculty members. This guidance comes at a critical time when external pressures threaten the foundational principles of higher education.

visit the original AAUP Texas statement. Below is a summary.

Constitutional Protections Remain Intact

Academic freedom enjoys robust constitutional protection under the First Amendment. The U.S. Supreme Court established in Keyishian v. Board of Regents (1967) that academic freedom represents "a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom."

Faculty members retain several key rights:

• Freedom in teaching: Selecting materials and determining approaches to their subject matter

• Freedom in research: Investigating and discussing issues within their expertise

• Institutional participation: Engaging in university governance without retaliation

• Public speech: Speaking as citizens on matters of public concern

These protections ensure that controversial but academically relevant materials can be included in coursework when they stimulate meaningful debate and learning.

Due Process Requirements

Texas university administrators must respect faculty due process rights under both federal and state constitutions, as well as institutional policies. These safeguards apply to all faculty actions, including:

• Course content interference

• Teaching duty reassignments or removals

• Disciplinary threats

• Dismissal proceedings

Faculty dismissals may only occur for adequate cause, such as serious neglect of duties or professional incompetence. They cannot be used to punish constitutionally protected speech or restrict academic freedom.

Legislative and Executive Order Limitations

Recent Texas legislative sessions produced numerous higher education laws, but none actually ban teaching or learning about specific subjects. Under both U.S. and Texas Constitutions, instruction and research on controversial topics remain protected.

Implementation of new state laws typically requires formal rulemaking processes involving the Texas Higher Education Coordinating Board, university systems, and individual campuses. Until this process concludes, institutions should not claim that legislation restricts classroom content.

Executive orders also cannot override First Amendment protections. Courts have already ruled that executive orders restricting "gender ideology" expressions violate constitutional free speech protections.

Administrator Responsibilities and Risks

The Fifth Circuit Court has established that administrators can face personal liability for constitutional violations involving faculty academic freedom and due process. This creates both legal and professional obligations for university leadership.

Administrators must balance external pressures against their primary duty to uphold institutional academic values and constitutional law. Failure to protect these principles risks:

• Constitutional legal claims

• Institutional credibility damage

• Educational mission compromise

• Accrediting body concerns

• Public trust erosion

Stay Informed and Engaged

The challenges facing Texas higher education require ongoing vigilance from the academic community. Faculty members, administrators, and supporters of academic freedom must remain informed about developing issues and policy changes.

For comprehensive analysis of recent Texas legislation affecting higher education, detailed legal precedents, and resources for protecting faculty rights, visit the original AAUP Texas statement. This document provides essential guidance for navigating the current challenging environment while maintaining the integrity of academic institutions.

The Texas AAUP continues monitoring these issues and provides updates through their website and social media channels. Faculty members seeking support or additional information about their rights can access resources and connect with advocacy efforts through these platforms.