This case has been cited 1 times or more.
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2015-02-24 |
PERALTA, J. |
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| Constitutions of 1935, 1973, and 1987.[116] In Garcia, this Court espoused the concurring opinion of U.S. Supreme Court Justice Felix Frankfurter in Sweezy v. New Hampshire,[117] which enumerated "the four essential freedoms" of a university: To determine for itself on academic grounds (1) who may teach, (2) what may be taught, (3) how it shall be taught, and (4) who may be admitted to study.[118] An educational institution has the power to adopt and enforce such rules as may be deemed expedient for its government, this being incident to the very object of incorporation, and indispensable to the successful management of the college.[119] It can decide for itself its aims and objectives and how best to attain them, free from outside coercion or interference except when there is an overriding public welfare which would call for some restraint.[120] Indeed, "academic freedom has never been meant to be an unabridged license. It is a privilege that assumes a correlative duty to exercise it responsibly. An equally telling precept is a long recognized mandate, so well expressed in Article 19 of the Civil Code, that every 'person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.'"[121] | |||||