نوع المستند : مقالة علمية و بحثية
المؤلفون
1 أستاذ مشارک في القانون العام، كلية الحقوق، جامعة شهيد بهشتي، طهران، إيران.
2 طالب دكتوراه في القانون العام، كلية الحقوق، جامعة قم، قم، إيران
المستخلص
الكلمات الرئيسية
عنوان المقالة [English]
المؤلفون [English]
This study examines the legal protection of academic speech within a proposed theoretical framework termed the "safe harbor for academic speech"—a framework that seeks to strike a balance between academic freedom, on the one hand, and the professional responsibilities of professors and legitimate legal restrictions, on the other. The study proceeds from the premise that the protection of academic speech should neither lead to absolute immunity from liability nor should controversial scientific opinions, or those opposing the prevailing view, be deemed sufficient grounds for legal accountability merely because of their difference. Accordingly, the "safe harbor" is defined as a sphere of legal and procedural protection for speech related to teaching, scientific research, academic publication, and academic critique, while simultaneously being subject to specific legal and professional limits. The study adopts a descriptive-analytical method and a comparative approach, comparing the provisions of the constitution, laws, and relevant regulations in Iran and Iraq with the proposed standards for protecting academic speech. The findings show that neither legal system, in its current state, provides an independent and integrated system for the protection of academic speech. In Iran, although certain rights related to freedom of expression, research, and scientific activity are recognized, academic freedom is not independently guaranteed, and constitutional and legal restrictions require precise interpretation. In Iraq, by contrast, the constitution provides a broader basis for protecting freedom of expression and publication, yet the absence of a comprehensive legislative framework for academic freedom remains an ongoing challenge. In light of this, the study proposes that the protection of academic speech be grounded in distinguishing between scientific error and scientific misconduct, as well as between controversial academic opinion and unlawful conduct, and that any restriction on academic speech be subject to the principles of legality, necessity, proportionality, and procedural safeguards.
الكلمات الرئيسية [English]