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The central thesis of this article is that academic freedom has indeed become a "canonical value" of American higher education, though not for the reasons that conventional wisdom might posit. As recently as a half century ago, few university administrators or governing boards felt constrained in dismissing or refusing to hire outspoken professors. The quite remote risk of potential legal liability for such adverse action posed a minor deterrent. The Supreme Court's first recognition of academic freedom came only in the late 1950s, and matured only in the ensuing decade. Apart from judicial endorsement of this doctrine, some credit must be given to faculty organizations such as the American Association of University Professors, and to the gradual spread of collective bargaining in public higher education. Yet the soundest explanation for the "canonization" of academic freedom is a slightly different one - that respecting and protecting faculty rights became an increasingly critical element in the intense competition to attract and retain the most eminent scholars. Quite simply, no reputable institution of higher learning could risk a valid charge of disparaging or disrespecting the expressive rights of its professors.
