Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Confederate; monuments; public art; art policy; public policy; linguistics; content analysis; grounded theory; (1)
- Fighting Words Doctrine; Chaplinsky v New Hampshire; 315 U.S. 568 (1942); First Amendment (1)
- Garcetti v. Ceballos; First Amendment; Public Employees; Free Speech; United States Supreme Court; SCOTUS (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
The Supreme Court's Worst Decision In Recent Years--Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.
The Supreme Court's Worst Decision In Recent Years--Garcetti V. Ceballos, The Dred Scott Decision For Public Employees, David L. Hudson Jr.
Law Faculty Scholarship
The United States Supreme Court decision of Garcetti v. Ceballos deserves its rightful place in the Court’s hall of shame. In Garcetti, the Court issued a decision that serves as a Dred Scott-type ruling for public employees, diminishing their free speech rights to an unacceptable level. The Court created a categorical rule that public employees have no free speech rights when engaged in official, job-related speech.
Under Garcetti, it does not matter how valuable an employee’s speech is, how much corruption that speech exposes, or whether the speech informs the public regarding an important issue. Instead, the five-justice majority focused …
The Art Of The Matter: A Linguistic Analysis Of Public Art Policy In Confederate Monument Removal Case Law, Kristi Arth
The Art Of The Matter: A Linguistic Analysis Of Public Art Policy In Confederate Monument Removal Case Law, Kristi Arth
Law Faculty Scholarship
In the wake of such tragedies as the Charleston, South Carolina mass shooting, the deadly Unite the Right Rally, and the death of George Floyd, various communities have engaged in efforts to remove Confederate monuments from public spaces. These removal efforts frequently result in litigation focused on ownership rights, government speech, and other claims. This article asks what responsibility the judiciary and litigants have to acknowledge that Confederate monuments—for better or for worse—are creations of public art.
Whether the monuments stay or go at the end of a given lawsuit, the outcome affects the public art policy of the subject …
Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts, David L. Hudson Jr.
Essay: The Fighting Words Doctrine: Alive And Well In The Lower Courts, David L. Hudson Jr.
Law Faculty Scholarship
The fighting words doctrine is alive and well in the lower courts. The first part of this article briefly explains how the fighting words doctrine has fared in the U.S. Supreme Court. These results would seem to indicate that it would be rare indeed for a defendant’s words to fall under the fighting words exception. That is not always the case. The next part of this article provides a sampling of decisions in which lower courts have rejected First Amendment-based defenses to disorderly conduct, breach of the peace, or similar charges based on the fighting words doctrine. The final part …