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Reconciling Self-Censorship: A Qualitative Study Of The Experiences Of University Staff And Administrators, Leigh C. Morales
Reconciling Self-Censorship: A Qualitative Study Of The Experiences Of University Staff And Administrators, Leigh C. Morales
Doctoral Dissertations
In addition to a global pandemic, the past three years have been marked by racial, social, and political unrest. These circumstances add meaningful context to examine and better understand factors that undermine free expression and contribute to self-censorship among university staff and administrators. To date, few studies have holistically explored the unique experiences of university staff and administrators with self-censorship and how this phenomenon affects their experience on college and university campuses. Understanding why staff and administrators choose to self-censor may allow for a deeper discussion about speech climate and the degree to which colleges and universities implement and uphold …
Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson
Teaching To The Test: Determining The Appropriate Test For First Amendment Challenges To "No Promo Homo" Education Policies, Kameron Dawson
Tennessee Journal of Law and Policy
Under the current tests set out in Pickering and its progeny, teachers—particularly LGBT and LGBT allies— are being censored in the classroom with “no promo homo” education policies and laws. Although citizens are granted free speech protections through the First Amendment, public employees such as public school teachers generally receive less protection. The Supreme Court has yet to determine a distinct test for public school teachers, leaving discretion to school districts. Currently, in seven states, legislators explicitly prohibit teachers from positively speaking about or correcting misconceptions on homosexuality. In this current age, these policies negatively impact the teacher’s effectiveness inside …
A Critical Perspective On Scalian-Originalism’S Interpretation Of The First Amendment’S Freedom Of Speech Clause, Shiela M. Hawkins
A Critical Perspective On Scalian-Originalism’S Interpretation Of The First Amendment’S Freedom Of Speech Clause, Shiela M. Hawkins
Masters Theses
Justice Antonin Scalia proudly proclaimed that he was an Originalist, which is the theory that the Constitution should be interpreted in the same manner as those who ratified and drafted the document would have interpreted it. Scalian-Originalism faced several liberal legal critiques that challenged the legitimacy of the method and theory. This manuscript seeks to further the debate regarding Scalian-Originalism’s interpretation of the First Amendment by applying a Critical Legal perspective. The analysis is done in the form of an immanent critique, and examines the legitimacy of Scalian-Originalism’s First Amendment interpretation by the theory’s ability to further equality and democratic …