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Freeing Speech And The First Amendment Value Of Promoting Public Discussion, Chapin F. Cimino
Freeing Speech And The First Amendment Value Of Promoting Public Discussion, Chapin F. Cimino
Thurgood Marshall Law Review (Texas Southern University)
“Freeing Speech” contributes to the existing academic debate around the virtues and vices of freedom of information act (“FOIA”) requests, and specifically, to the much-discussed problem of judicial under-enforcement of both federal FOIA and state right-to-know law actions. Freeing Speech offers a new insight into this problem, which is that often courts simply do not see the First Amendment implications of these cases. The article coins the phrase promoting speech, and argues that this First Amendment value undergirds the entire right-to-know statutory scheme. Yet this value remains hidden in these cases, as adjudicating a right-to-know claim does not require …
Professional Standards And The First Amendment In Higher Education: When Institutional Academic Freedom Collides With Student Speech Rights, Clay Calvert
Saint Louis University Law Journal
This article analyzes the disturbingly growing use of external professional standards by public colleges and universities to squelch students’ First Amendment speech rights. Using the 2016 decision by the U.S. Court of Appeals for the Eighth Circuit in Keefe v. Adams and the 2015 decision by the Ninth Circuit in Oyama v. University of Hawaii as analytical springboards, the article exposes the tension between two competing First Amendment rights – the institutional academic freedom of public universities to control curricula and the free speech rights of public university students both on and off campus. Without guidance from the Supreme Court, …