The Republic of Dissent

A Constitutional Theory of Academic Freedom

Abstract

This article conceptualizes academic freedom as a form of social contract, grounded in what is termed the republic of dissent. This concept rests on two pillars: a republican tradition of resisting the accumulation and centralization of power, and a classical liberal emphasis on protecting the ability to think and dissent freely. The republic of dissent model helps clarify the relationship between freedom of expression and academic freedom, which are often conflated as a matter of constitutional usage. While universities contain free speech zones, this article argues that the university, as an institution, is more accurately understood as a decentralized system designed to allow academic competition while preserving dissent. From this perspective, not all versions of freedom of expression will necessarily be compatible with academic freedom. Classical liberal versions—which treat expression as a paramount community value and require institutional content-neutrality—are consistent with the republic of dissent. In contrast, balancing models that give equal weight to competing values and rely on officials to conduct content-based scrutiny to prevent social harm are likely incompatible with academic freedom.