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SSRN Electronic Journal
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Much as journalist argue that they have a “right to know,” scholars at public universities lay claim to their “right to academic freedom.” In both cases, these “rights” carry little weight constitutionally. But, just how much protection is actually afforded to academics through the First Amendment? This article addresses this question in light of the convergence of two elements—the corporatization of public universities and the ruling in the 2006 U.S. Supreme Court case Garcetti v. Ceballos (which heavily suggests that public employee speech does not qualify for the same level of First Amendment protection as private citizen speech). Finally, this article proposes a solution to the current crises, a solution that includes creating a constitutionally protected category of speech for academic inquiry at state colleges and universities.
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Journal of Applied Philosophy
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SSRN Electronic Journal
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Catholic University Law Review
A panel of scholars, judges, and practitioners appeared at the 2014 National Lawyers Convention of the Federalist Society to discuss the many ways that court procedures relate to First Amendment rights. Free speech cases involve many unique procedural concepts such as the prior restraint doctrine (forbidding certain speech-restrictive procedures), the relaxation of ordinary standing and ripeness rules when a law is challenged for overbreadth, the allocation of the burden of proof in defamation matters, and the guarantee of independent appellate review. The panel explored how these and other rules can affect how free speech cases are litigated, spurring a lively discussion of the proper role of witnesses at trial in free speech cases. The panelists were Erik S. Jaffe, Aaron H. Caplan, Robert A. Destro, Todd P. Graves, Alan B. Morrison, Eugen Volokh, and The Hon. David R. Stras.
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Journal of educational controversy
