Academic freedom is under attack. Cancelled events, disinvited scholars, police dispersal of student protests, and growing self-censorship are no longer exceptions – they are becoming the norm. Today, the European Center for Constitutional and Human Rights (ECCHR), together with the Department "Anthropology of Economic Experimentation" at the Max Planck Institute for Social Anthropology (Halle/Saale) and Berlin Institute for Migration and Integration Research at Humboldt University, launches the report „Grey Zones, Red Lines: Defending Academic Freedom in Law and Politics“.
Despite the constitutional guarantee of academic freedom, scholars and students in Germany are increasingly subjected to disciplinary measures and criminal proceedings – particularly when they criticize the Israeli government or speak out against the genocidal violence inflicted on the Palestinian population. Such disciplinary shift the boundaries of acceptable speech in ways that those affected can scarcely anticipate. The result is a grey zone of uncertainty – not an accidental byproduct, but the outcome of deliberate political choices. This development forms part of an increasingly authoritarian approach to combating antisemitism. Rather than relying on education, scholarly debate, and civil society initiatives as the primary means to address antisemitism in Germany, the focus is increasingly placed on legal regulation and the securitization of public disourse.
The consequences fall disproportionately on migrant scholars and students. Loss of employment or student status, combined with criminal complaints, can directly jeopardize residency permits and pathways to naturalization. Migration law thus amplifies the personal cost of participating in academic and political debate – threatening not only individuals, but the diversity of knowledge and perspective on which open societies depend.
The report provides concrete legal information for migrant scholars and students navigating concerns related to academic freedom, freedom of speech, and the right to free assembly. It analyses how recent legal developments in Germany restrict rather than protect academic freedom, and formulates demands directed at state actors and universities to fulfil their obligations.
“Grey zones lead to fear, distrust and self-censorship. This project wishes to help scholars and students to stand firm amidst uncertainties. The space for free thinking and expression is there only when we stand there and fill the space”, says Xiang Biao, director at the Max Planck Institute for Social Anthropology.
"We cannot afford to lose the voices of scholars who identify social problems and provide the language and concepts needed to understand political conflicts," says Hannah Franzki, Senior Legal Advisor at ECCHR. "This report is a contribution to defending the conditions that make free research and teaching possible – for everyone, equally."
"For a legal human rights organization like ECCHR, it is essential that critical approaches from Postcolonial Studies and Gender Studies expose and challenge power structures embedded in the law. We also collaborate closely with migrant students and scholars who know these issues from lived experience – which is another reason why this project matters deeply to ECCHR," says Miriam Saage-Maaß, Legal Director at ECCHR.
You can find the report here.
