This article begins with a review of language that eventually gave rise to the concept of institutional academic freedom, and includes a summary of lower court decisions embracing that concept or notion. The second part identifies certain constitutional problems in connection with the idea that institutional academic freedom can somehow be derived from or based upon the First Amendment. The third part describes and analyzes language in the Court's Grutter decision, language that may or may not have the effect of validating the concept of institutional academic freedom under the First Amendment.
Richard H. Hiers, Institutional Academic Freedom - A Constitutional Misconception: Did Grutter v. Bollinger Perpetuate the Confusion?, 30 J.C. & U.L. 531 (2004), available at http://scholarship.law.ufl.edu/facultypub/739