7
McCarthy Years,” Am. Ed. History Journal (Jan. 1, 2009). More recent-
ly, I have sometimes during my own career seen American universities
fail to live up to their ideals in the context of discussions about race, reli-
gion, sex, money, and politics. On balance, however, the record has been
good enough for American universities to deliver in their core domains
of teaching, research, and service.
And what about China?
The overall record is surely not, on average, as good as it has been, on
average, in America. But is it impossible for an American university to
operate with an academic freedom that is sufficiently robust to provide
value in teaching, research, and service?
In my experience, there appears to be substantial variation among
universities in China. At China’s less prominent universities, mecha-
nisms of censorship and self-censorship can inhibit campus discussion in
ways that I find troubling. At China’s best universities, however, the
story is different.
At China’s best universities, for example, the vast majority of stu-
dents and faculty have the technological means to “tunnel under” the
primary restriction on access to information, the so-called “Great Fire-
wall.” At such universities so-called “sensitive” topics are discussed
openly, professors are known to stand up in front of large classes and
blast both the government and the Communist Party, and dormitory dis-
cussion is intense and furious. To be sure, discussion is sometimes
couched in what might be called “the Chinese style” – metaphorical and
indirect rather than explicit. But even then nobody is confused about
what is intended. Just as often the discussion is fully in “the American
style” – blunt and explicit.
All of this holds especially true at the schools where I have been en-
gaged, the Peking University School of Transnational Law and NYU
Shanghai. At the School of Transnational Law, the legal director of the
ACLU of Southern California teaches about the First Amendment every
year, and the former president of the American Bar Association teaches
about international human rights litigation. Class discussion is complete-
ly unrestrained, and nobody from the government or the Communist Par-
8
ty says, “Boo.” At NYU Shanghai I teach Adam Smith and Friedrich
Hayek alongside Karl Marx and Friedrich Engels, students and faculty
discuss “sensitive” topics every day, and nobody says, “Boo.”
The impossibility claim is demonstrably false. It is simply indefensi-
ble for commentators to persist in making this claim when they have
never bothered to set foot on these campuses. It is deeply disappointing
to see the claim revived every time a powerful person in China voices
unhappiness with academic freedom. (Once again, it is important not to
compare China with an idealized fantasy about America; a number of
U.S. government officials and American donors contacted me to object
to something that a Michigan faculty member had said and asked for that
person to be dismissed.) It is equally disappointing to see the claim re-
vived every time a faculty member in China insists that his or her aca-
demic freedom has been violated, without any investigation into whether
the faculty member’s insistence is justified. (Again, such incidents are a
matter of course in American university life, but they do not trigger the
impossibility claim with respect to our universities.)
Let me be clear. The fact that the impossibility claim is false does not
mean that we should be making the opposite mistake – some kind of “in-
evitability claim.” It is surely possible that, in the future, an American
university attempting to teach in China might face academic freedom
problems that are different in kind from the academic freedom problems
they face in America. If that were to happen, the value proposition
would be negated and the university should leave. But I do not expect to
be leaving any time soon.
Before going on to the other three claims, I want to identify a confu-
sion about academic freedom that may undergird some of the commenta-
tors’ statements. Academic freedom is about the freedom to be an aca-
demic – the freedom to live a scholarly life among a community of stu-
dents and teachers. It is not the same thing as freedom of political ex-
pression – the freedom to speak without interference to people outside
the scholarly community.
Robust academic freedom does not give students and faculty “bub-
bles” that provide them a privileged status within the larger society.
9
They have no exemption from legal rules, whether they pertain to the
military draft, the drinking age, or immigration, no matter how objec-
tionable those rules might be. And they have no special privileges when
it comes to writing things on social media that are broadcast to the
broader society.
Once again, let me be clear. I believe that societies are generally
better societies if they provide broader protection for political
expression. (I also believe that those societies are better societies if they
permit gay marriage and restrict access to guns.) But I do not believe the
absence of protection for political expression in the larger society
eviscerates the university’s capacity to provide its students with a liberal
education or its faculty with a full life of the mind.
So much for the impossibility claim. I will be much briefer in my
discussion of the taint claim, the fragility claim, and the legitimation
claim.
Let me take the taint claim and the fragility claim together. The taint
claim is about moral contamination. It holds that a university can lose its
own fundamental goodness if it chooses to set up shop in a place that
does bad things. The fragility claim holds that the difficult work of intel-
lectual inquiry requires a supportive environment. It suggests that living
in a flawed society creates a daily cognitive dissonance that ultimately
shatters one’s capacity for serious critical thought. The taint claim and
the fragility claim are different, but they each suggest that American uni-
versities should not operate in flawed countries, even if those countries
guarantee academic freedom.
I find both these claims to be deeply troubling. They are grounded in
a ridiculously ahistorical fantasy about America. By promoting that fan-
tasy they commit a quadruple harm: they fuel among Americans an
enormously destructive and empirically indefensible attitude of moral
superiority, they undermine appreciation for the quality that has long de-
fined America’s true greatness, they diminish appreciation for the capaci-
ty of great universities to overcome adversity, and they understate the
ways that great universities can contribute to the larger project of social
improvement.
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