Pascal Loerch (MPCT) presents key insights from his MA-thesis on the state of academic freedom in Germany.
While Germany is considered by international standards to offer particularly high protection of academic freedom, recent studies point to increasing restrictions at German universities, especially regarding debates about Israel and Palestine. My thesis examines the tensions between academic freedom, freedom of expression and institutional and political reactions in this context.
My analysis proceeds within a constitutional framework incorporating relevant case law of the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) focused on issues of academic freedom and freedom expression in the case of Israel-Palestine. In addition, I employ the concept of Staatsräson and connect it to securitization theory to highlight institutional actors and escalation processes. German memory culture and the political handling of antisemitism are examined as relevant contexts. My empirical investigation focuses on two case studies of how statements by scholars and students pertaining to Israel-Palestine are suppressed at the Freie Universität Berlin and the University of Cologne. Semi-structured interviews with students, academic and administrative staff have been conducted and are analysed based on Braun and Clarke’s thematic analysis. Preliminary results of my analysis point to deteriorating conditions for academic freedom at both institutions that lead to regular instances of viewpoint discrimination. Instrumentalized through Staatsräson, security- and antisemitism discourses serve to justify institutional restrictions on academic freedom, which in Germany is protected by the constitution. The interviews I conducted point to an active role played by university administrations, that react to political and media pressure and contribute to the restriction of discourse spaces. A discrepancy repeatedly emerges between the normative claims of the state and university actors regarding academic freedom and their institutional practices regularly limiting these. Further, my findings suggest that the normative criteria universities invoke for international partnerships, including human rights and the rule of law, are not systematically applied in practice.
Keywords: Academic freedom, antisemitism, freedom of expression, Germany, higher education, Israel, memory culture, Palestine, Staatsräson, securitization, viewpoint discrimination
The event is part of ENCODE's research seminar that offers academic staff and students the opportuntity to present and receive feedback on works in progress.