Law Commons^™

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 …