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1995

First Amendment

UF Law Faculty Publications

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New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers Oct 1995

New Restrictions On Academic Free Speech: Jeffries V. Harleston Ii, Richard H. Hiers

UF Law Faculty Publications

Notwithstanding academic freedom's venerable and near-sacrosanct place among academicians in the United States today, the Supreme Court first accorded it constitutional status only in the 1950s. The Court did not recognize First Amendment speech rights of public employees generally until 1968. In subsequent years, the Court evolved two separate lines of cases: the one relating to, and generally protective of, academic freedom in public colleges and universities; the other, relating to the speech rights of public school teachers and public employees in other work contexts. The Supreme Court has yet to address the question whether the severely restrictive standards developed …