Mary Margaret McCabe has a thoughtful post on free speech and civility. She argues that there is a pragmatic inconsistency in letting civility trump free speech in the academy.
If academic institutions exist for the pursuit of knowledge and understanding, whether alone, or with colleagues, or with students, such inquiry does not say in advance what may or may not be thought, or considered or assumed or believed. Socrates’ injunction to follow the argument where it leads is surely the right one: inquiry is not constrained by canons of what can or cannot be said or thought. This is true, at whatever level the inquiry occurs. So an inquiry into inquiry is similarly unconstrained. Equally, an inquiry into how inquiry should be institutionalized is free in the same way. The context of inquiry, that is, is a suitable topic for inquiry too – the openness runs across fields and up the orders, to include, of course, the inquiry into academic freedom itself.
If that is right, then the basis of academic freedom is internal to the nature of academic business.
What about civility? Aside from cases of the impossible interlocutor, one who will not listen, civility is something to which we academics should aspire:
Civility is an important aspiration in the context of inquiry that is free in the sense I outlined. For free inquiry occurs between and among people; and people are over and over affected not only by the content of what is said, or even the general import of what is said, but also by its manner and its tone. Loud and fierce declarations of opinion often force an interlocutor to be silent, or to be afraid; in such cases civility is clearly conducive to an effective and productive exchange of ideas.