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Pickering; Garcetti; academic freedom; workplace efficiency; balancing; free speech; state employees; public employees; public employment; First Amendment; college professors; teachers; expression; circuit courts; circuits; protections
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Pickering, Garcetti, & Academic Freedom, Mark Strasser
Pickering, Garcetti, & Academic Freedom, Mark Strasser
Brooklyn Law Review
While the U. S. Supreme Court long ago recognized that individuals do not lose their free speech rights simply by virtue of being state employees, the contours of their First Amendment protections have been evolving over the past several decades. The proper way to apply these protections in the academic context is confusing, especially after Garcetti v. Ceballos in which the Court suggested that First Amendment protections do not attach insofar as individuals are speaking as employees rather than as citizens. The circuit courts have adopted a dizzying set of rules to determine when First Amendment protections are triggered in …