Individual Academic Freedom: An Ordinary Concern of the First Amendment

Scott R. Bauries

Research output: Contribution to journalArticle

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.

Original languageAmerican English
Pages (from-to)677-743
JournalMississippi Law Journal
Volume83
Issue number4
StatePublished - Jan 1 2014

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