The Doctrine of Balance

9 Florida International University Law Review 59 (Fall 2013)

2 Pages Posted: 24 Apr 2014

See all articles by Kenneth L. Marcus

Kenneth L. Marcus

The Louis D. Brandeis Center for Human Rights Under Law

Date Written: April 22, 2014

Abstract

Five characteristics separate political indoctrination from the sphere of academic freedom: non-educativeness, controversy, extraneousness, imbalance, and bias. These five traits reflect the notion that academic freedom protects a uniquely academic function which defines its scope, justifies its privileges, strengthens its defense, and limits its applicability. Stanley Fish, in an important forthcoming book on "Versions of Academic Freedom," provides useful tops for understanding why some people support such standards and others do not. Despite his admirable lucidity however Fish succumbs to the facile argumentation that has characterized discussions of the politically trickiest of these five, i.e., imbalance. This micro symposium contribution defends the doctrine of balance against Fish's critique, explaining why and to what extent academic balance is critical to the proper exercise of academic freedom.

Keywords: Academic Freedom, Balance, Doctrine of Academic Freedom, Political Indoctrination, Bias, Stanley Fish

JEL Classification: I28

Suggested Citation

Marcus, Kenneth L., The Doctrine of Balance (April 22, 2014). 9 Florida International University Law Review 59 (Fall 2013), Available at SSRN: https://ssrn.com/abstract=2427833

Kenneth L. Marcus (Contact Author)

The Louis D. Brandeis Center for Human Rights Under Law ( email )

1717 Pennsylvania Avenue, NW, Suite 1025
Washington, DC DC 20006
United States

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