Research On The Judicial Guarantee Development Of Academic Freedom Of American University Teachers After World War Ⅱ

With the gradual improvement of China’s educational legal system and higher education system,the academic freedom of university teachers has been paid more and more attention.However,in the existing educational law and policy system,there is no clear stipulation on the right of academic freedom in universities,and many teachers still lack the proper understanding of the issue of academic freedom,which is not conducive to the protection of the right of academic freedom in teachers and the healthy development of universities.There is no clear stipulation on academic freedom in the Constitution and laws of the United States,but in practice,the academic freedom of American university teachers is increasingly protected by law.A series of academic freedom cases in American history have provided the legal basis for the academic freedom of university teachers,and the judicial principles proposed by these cases have played a positive role in the development of academic freedom in universities.Although the United States on the protection of the academic freedom of university teachers is not perfect,also has appeared in the history of adverse to the academic freedom of judicial judgment,but from the United States to academic freedom in the legal protection of university teachers,it to our country’s higher education management and university academic freedom and so on question has certain reference and reference value.Through this study,it is found that before World War II in the United States,some university teachers began to fight for the protection of academic freedom,and AAUP also helped them to a certain extent.However,as AUP did not have the privilege and status to impose mandatory punishment,the academic freedom of university teachers could not be effectively guaranteed.Many of the problems associated with it were not clearly solved,which became the main task facing the United States after World War II.American courts actively involved in academic freedom cases after World War II and played different roles in different historical periods.At the beginning of the Sue beauty of the cold war,the United States courts in deal with the case of university academic freedom of teachers,mainly by the attitude of a kind of protection.During the Civil Rights Movement,American courts were mainly used to mediate some conflicts and disputes between universities and teachers.After 9/11,American courts began to take a cautious attitude towards the academic freedom of university teachers.Finally,based on the above,this paper summarizes and analyzes the American academic freedom of university teachers judicial safeguard the basic experience and enlightenment.