Academic freedom and free speech on/off campus: Canada, USA, Germany - a comparative approach

Academic freedom and freedom of expression are under considerable pressure. This can be seen in the way pro-Palestinian protests are dealt with on campus, but also in the massive interventions in the academic system by the new US government.

 

Two fundamental interpretations of the relationship between academic freedom and freedom of expression compete: Some see academic freedom as a subset of freedom of expression. This is particularly manifested in the protection of extramural speech. Others tend to emphasize the differences: Academic freedom is an aliud. Hans Michael Heinig analyzes both interpretations, comparing the legal systems of Germany, Canada and the USA. He argues strongly in favor of the separation model. He believes that this is the best way to achieve reasonable results in the struggle for free speech on campus and the defense against state infringement.

 

 

Hans Michael Heinig is currently at the Munk  School as a Visiting Professor at the Centre for European and Eurasian Studies. He holds the chair for public law and ecclesiastical law at Goettingen University. He was dean of the law faculty from 2022 to 2024 and serves at the board of trustees of the Volkswagen Foundation since 2019.