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Abstract
Can government function if its employees have individual rights that override their workplace duties? Intuitively, the answer is no, and the doctrine of public employee speech has mostly reflected this assumption. The Supreme Court has spoken authoritatively on these limitations on public employee speech, most recently in Garrett v. Ceballos and Lane v. Franks, but its jurisprudence on public employee religious expression has been less authoritative and more conflicting. Recent events pitting public employees' personal religious exercise against public rights and limitations on government necessitate the question at the beginning of this paragraph.
Document Type
Article
Publication Date
2018
Repository Citation
Bauries, Scott R., "The Logic of Speech and Religion Rights in the Public Workplace" (2018). Law Faculty Scholarly Articles. 753.
https://uknowledge.uky.edu/law_facpub/753
Notes/Citation Information
Scott R. Bauries, The Logic of Speech and Religion Rights in the Public Workplace, 19 Marq. Benefits and Social Welfare L. Rev. 137 (2018).