The Right to Teach in a Hyper-Digital Age: Legal Protections for (Post-)Pandemic Concerns.

Abstract

The development of the internet has presented special challenges for teaching and learning, especially from the viewpoint of the rights and expectations of the instructor to maintain an environment appropriate to fulfill educational objectives. Restrictions imposed during the COVID-19 pandemic have amplified these concerns as virtual teaching methods almost literally overnight had to be adopted very widely among instructors. Among the ironies have been several instances where recorded (fragments of) lectures delivered virtually were publicized on social networking sites for reasons of exposing some perceived form of objectionable content. In this paper, I focus on the policy implications of lectures being transmitted on the internet subject to their recording and distribution in ways not authorized by the instructor, especially from the viewpoint of rights formally granted in the US legal system. Various legal avenues are available to protect lectures, specifically in relation to copyright law, academic freedom, and contractual breach of trust. Although pedagogical goals and means must always remain primary in our teaching, these legal measures can be relied upon when other safeguards fail in order to maintain and promote educational integrity.