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Full-Text Articles in Law
Keeping The “Free” In Teacher Speech Rights: Protecting Teachers And Their Use Of Social Media To Communicate With Students Beyond The Schoolhouse Gates, Mark Schroeder
Richmond Journal of Law & Technology
Debate is raging within many school districts around the country about public school teachers’ interactions with their students outside of school through social media sites, such as Facebook and MySpace.
Speech Of Government Employees, Ann C. Hodges
Speech Of Government Employees, Ann C. Hodges
Law Faculty Publications
For many years, government employment was considered a privilege rather than a right, and, as a result, the government could place restrictions on employee speech that would be unconstitutional if applied to citizens.
Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges
Matters Of Public Concern Standard In Free Speech Cases, Ann C. Hodges
Law Faculty Publications
The public concern standard has operated primarily in two categories of free-speech cases: those involving speech by government employees and those involving defamation.
Disciplining Public Employees For Expressive Activity, Ann C. Hodges
Disciplining Public Employees For Expressive Activity, Ann C. Hodges
Law Faculty Publications
A public employee's right to free speech under the First Amendment is not unlimited and employers have the right to discipline employees for expressive activity under certain circumstances (Pickering v. Board of Education, 391 U.S. 563, 1968). The employer has an interest in ensuring that its etnployees do not under1nine its operations or ll1terfere with acco1nplishment of its objectives. At the same time, employees do not give up their constitutional rights when they accept government employment.
Trial Participants In The Newsgathering Process, C. Thomas Dienes
Trial Participants In The Newsgathering Process, C. Thomas Dienes
University of Richmond Law Review
The 1990s produced a number of sensational criminal and civil trials. The media and public avidly followed the murder trials of O.J. Simpson and the Menendez brothers, the Oklahoma City bombing trials of Timothy McVeigh and Terry Nichols, and the trial of those charged in the World Trade Center bombing. Civil trials involving products liability, medical malpractice, environmental pollution; the civil trial of O.J. Simpson; Paula Jones's sexual harassment action against President Clinton; and the notorious antitrust case against Microsoft similarly captured the public's attention. Also, as might be expected, trial judges and the legal system generally grappled with questions …
The Fourth Circuit's Narrow Definition Of "Matters Of Public Concern" Denies State-Employed Academics Their Say: Urofsky V. Gilmore, Michael D. Hancock
The Fourth Circuit's Narrow Definition Of "Matters Of Public Concern" Denies State-Employed Academics Their Say: Urofsky V. Gilmore, Michael D. Hancock
Richmond Journal of Law & Technology
While attempting to limit potential sexual harassment suits against the Commonwealth of Virginia, and also promote workplace efficiency, the Virginia General Assembly enacted legislation prohibiting state employees from accessing information containing sexual content from state-owned or leased computers without obtaining prior approval from their agency heads. Urofsky v. Gilmore concerns a suit brought by six faculty members employed by several state universities in federal district court alleging that the legislation infringed on their First Amendment free speech rights by unconstitutionally limiting their abilities to perform their jobs. Although the district court found for the plaintiffs, that decision was reversed on …
United States V. National Treasury Employees Union And The Constitutionality Of The Honoraria Ban: Protecting The First Amendment Rights Of Public Employees, Judy M. Lin
University of Richmond Law Review
During the 1980s, government ethics were brought into the spotlight as the public's confidence in the integrity of government officials eroded. In an attempt to curb actual and perceived improprieties by government employees, and to reinforce the standards of integrity within the federal government, President Bush signed into law the Ethics Reform Act of 1989.
Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch
Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch
University of Richmond Law Review
Public institutions of higher education, their faculty, administra- tors, and board members have proven to be a fertile source for the civil rights litigator in the development of constitutional rights. Not surprisingly, education law reporters and journals are reporting increasing numbers of case decisions in the context of higher education. Yet, many educators suffer the mistaken notion that academic judgment is outside the scope of judicial review. While some judicial deference is given to academic discretion, it is by no means conclusive in the face of a constitutional challenge.