In 2006, the Supreme Court held in Garcetti v. Ceballos that public employees are not entitled to First Amendment protection for speech arising from their official duties. The Court declined to address whether Garcetti’s holding applied to academic speech, and consequently, lower courts are unclear about whether academics employed by public universities are entitled to First Amendment protection for speech arising from their official duties. This Note argues that given the principle of academic freedom and the purpose of the modern public university, applying the public employee speech doctrine to academic speech is inappropriate because a public university is more similar to a forum for the dissemination of ideas than a traditional public employer, which the government created for the purposes of disseminating a coherent government message. This Note proposes using the public forum doctrine to regulate academic speech instead of the public employee speech doctrine. Using this doctrine would balance the interests of the public university in regulating academic speech and academics’ free speech rights. This approach would also uphold the principle of academic freedom, and a public forum approach is more consistent with First Amendment jurisprudence.
DAN’S [F]LAW: STATUTORY FAILURE TO ENFORCE ETHICAL BEHAVIOR IN CLINICAL DRUG TRIALS Noah Lewellen* I. INTRODUCTION Paul, a sophomore at the University of Minnesota, bursts into a lecture hall, loudly claims to see monsters sitting in the seats, and offers his services in slaying them. The police are called, and Paul is restrained and delivered […]
Case Comment: Bhogaita v. Altamonte
EVERY DOG CAN HAVE HIS DAY IN COURT: THE USE OF ANIMALS AS DEMONSTRATIVE EXHIBITS Kyle R. Kroll, Volume 100, Online Managing Editor In Bhogaita v. Altamonte, the Eleventh Circuit recently decided whether to allow a dog in the courtroom as a demonstrative exhibit. Although the case presented many serious issues regarding the Fair Housing […]
Revisiting Water Bankruptcy
REVISITING WATER BANKRUPTCY IN CALIFORNIA’S FOURTH YEAR OF DROUGHT Olivia Moe, Volume 100, Managing Editor This spring, as “extreme” to “exceptional” drought stretched across most of California—indicating that a four-year streak of drought was not about to resolve itself—Governor Jerry Brown issued an unprecedented order to reduce potable urban water usage by twenty-five percent. In […]