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Chicago-Kent College of Law

Seventh Circuit Review

Journal

2007

First amendment

Articles 1 - 3 of 3

Full-Text Articles in Law

Speak No Evil? Government Employee Speech Rights In The Seventh Circuit In Light Of Garcetti V. Ceballos, Tracy F. Mendonides May 2007

Speak No Evil? Government Employee Speech Rights In The Seventh Circuit In Light Of Garcetti V. Ceballos, Tracy F. Mendonides

Seventh Circuit Review

The U.S. Supreme Court recently held in Garcetti v. Ceballos that government employees are not protected by the First Amendment for statements made pursuant to their employment duties. The Seventh Circuit applied that holding in Mills v. City of Evansville and suggested that a government employee enjoys no protection for any speech relating to that employee's job responsibilities. This Comment argues that the three-judge panel in Mills erred by failing to consider the analytical guidelines articulated by the Supreme Court and created a rule that is contrary to Supreme Court precedent.


Mayer V. Monroe: The Seventh Circuit Sheds Freedom Of Speech At The Classroom Door, Justin Nemunaitis May 2007

Mayer V. Monroe: The Seventh Circuit Sheds Freedom Of Speech At The Classroom Door, Justin Nemunaitis

Seventh Circuit Review

During a curriculum-specified class discussion of the war in Iraq, a sixth grader asked her teacher, Ms. Mayer, if she would ever march to protest the war. The school dismissed the teacher for answering the student. In Mayer v. Monroe County Community School Corp., the Seventh Circuit ruled that no teacher has the First Amendment right to express an opinion in the classroom. The case inappropriately applied the U.S. Supreme Court's recent Garcetti v. Ceballos decision in a way that overruled previous precedent. This Note will argue that the Seventh Circuit should have followed its earlier decisions by asking …


Gaming The System: The Seventh Circuit Prefers Its Video Games Violent, Not Sexy, Michael J. Aschenbrener May 2007

Gaming The System: The Seventh Circuit Prefers Its Video Games Violent, Not Sexy, Michael J. Aschenbrener

Seventh Circuit Review

The U.S. Supreme Court holds that obscenity warrants no First Amendment protection whereas violent speech garners complete constitutional protection. In Entertainment Software Association v. Blagojevich, et al., the Seventh Circuit struck down two statutes regulating the sale of sexually explicit and violent video games to minors for violating the First Amendment. While the Seventh Circuit correctly applied Supreme Court precedent, it strained to find any logic to support holding the two categories of speech to different levels of protection. Accordingly, this Note will argue that the Supreme Court should grant full First Amendment protection to obscenity. It will also …