Individual Academic Freedom: An Ordinary Concern of the First Amendment

Authors

Scott R. Bauries, University of Kentucky College of LawFollow

Abstract

Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.

There is some argument that expression related to academic scholarship or classroom instruction implicates additional constitutional interests that are not fully accounted for by this Court's customary employee-speech jurisprudence. We need not, and for that reason do not, decide whether the analysis we conduct today would apply in the same manner to a case involving speech related to scholarship or teaching.

Document Type

Article

Publication Date

2014

7-9-2014

Notes/Citation Information

Mississippi Law Journal, Vol. 83, No. 4 (2014), pp. 677-743

Repository Citation

Scott R. Bauries, Individual Academic Freedom: An Ordinary Concern of the First Amendment, 83 Miss. L.J. 677 (2014).