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Full-Text Articles in Law
Public Employees And The Right To Engage In Political Activity, Dalmas H. Nelson
Public Employees And The Right To Engage In Political Activity, Dalmas H. Nelson
Vanderbilt Law Review
Although the right to freedom of expression has become more narrowly circumscribed for everyone in recent years, the abridgments of this right that the courts have held may constitutionally be imposed on public employees are exceptionally extensive. This has been justified basically in terms of the doctrines that public employment is a privilege which the government may extend or withdraw at will and upon such terms as it chooses, and that denial of public employment does not constitute punishment. The upshot is that in this area the government may act with almost complete arbitrariness, even when basic rights such as …
Dennis V. United States -- Precedent, Principle Or Perversion?, Chester J. Antieau
Dennis V. United States -- Precedent, Principle Or Perversion?, Chester J. Antieau
Vanderbilt Law Review
Every socio-political group must determine when its survival necessitates proscription of subversive activity. Although some scholars feel no limitation upon speech is therefor justified, most students of the problem are agreed that when national security is at stake somewhere there must be imposed some limitations upon freedom of expression. The Blackstonian notion that, although there could be no prior restraints, anything could be punished after utterance is unworthy. Prior restraints of some kind, such as a prohibition upon publishing in time of war the sailing dates of troopships, are permissible under any rational analysis while, on the other hand, if …