Regulating rude: Tensions between free speech and civility in academic employment

AbstractThis article addresses the tensions between calls for civility and rights to free speech in public academic employment. We begin by summarizing relevant organizational science on workplace incivility. Next come critical perspectives from other fields, asserting that civility appeals infringe on rights to freedom of expression. Following this is a review of key court decisions within the jurisprudence of free speech in the workplace, especially as it applies to academics. We also address the protections afforded by tenure and (at some institutions) unions. Bringing these streams of scholarship together, we expose predicaments faced by public universities seeking to cultivate safe and civil work environments while, at the same time, respecting faculty rights to free speech. We conclude by suggesting compromises between these conflicting aims that would allow organizations (in academia and beyond) to protect workforce dignity without infringing on the rights of reasonable people.