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Series

Faculty Scholarship

Freedom of speech

First Amendment

2022

Articles 1 - 2 of 2

Full-Text Articles in Law

Protecting Women's Voices: Preventing Retaliatory Defamation Claims In The #Metoo Context, Nicole Ligon Jan 2022

Protecting Women's Voices: Preventing Retaliatory Defamation Claims In The #Metoo Context, Nicole Ligon

Faculty Scholarship

No abstract provided.


Education Is Speech: Parental Free Speech In Education, Philip A. Hamburger Jan 2022

Education Is Speech: Parental Free Speech In Education, Philip A. Hamburger

Faculty Scholarship

Education is speech. This simple point is profoundly important. Yet it rarely gets attention in the First Amendment and education scholarship.

Among the implications are those for public schools. All the states require parents to educate their minor children and at the same time offer parents educational support in the form of state schooling. States thereby press parents to take government educational speech in place of their own. Under both the federal and state speech guarantees, states cannot pressure parents, either directly or through conditions, to give up their own educational speech, let alone substitute state educational speech. This abridges …