Introduction 3

Protecting Free Speech on Campus Is Not Simply a Matter of Restricting State Power 5

Public and Private Institutions Are More Alike Than Different 5

Nongovernmental Pressures 5

Governmental Pressure Across the Public/Private Divide 8

When Governmental and Nongovernmental Pressures Combine 10

Getting the Framework Right 11

Threats to Free Speech on Campus Take Diverse Forms, Which Require Diverse Responses 12

The Current Crackdown on University Free Speech 15

Mapping Constituencies: Assessing The Extent to Which Relevant Actors Protect Free Speech 17

Courts 17

Trustees 20

University Presidents and Senior Administration 25

Faculty 28

Accreditors 32

Hypotheses on Reform 34

Court Decisions and Rulings Need Supplementation 35

Lay Boards Should Have Less Power and Scholars Should Have More 37

Austerity Breeds Unfreedom 39

The Bargaining Power of Academic Labor 39

Funding Sources for University Research and Operations 41

Conclusion 42