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Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Scott R. Bauries, Sheldon H. Nahmod, Paul M. Secunda, Joshua D. Branson
Brief Of Law Professors As Amici Curiae In Support Of Petitioner, Scott R. Bauries, Sheldon H. Nahmod, Paul M. Secunda, Joshua D. Branson
Law Faculty Advocacy
Amici curiae respectfully submit this brief in support of Petitioner, Edward Lane, encouraging the reversal of the judgment of the Eleventh Circuit, because the judgment below is inconsistent with both the Court’s general historical approach to public employee speech and the specific approach to such speech that the Court adopted in Garcetti v. Ceballos, 547 U.S. 410 (2006).
Amici are law professors who teach and write about the constitutional rights of public employees and have published a number of scholarly articles on these topics. Amici have no financial stake in the outcome of this case, and in this brief …
Individual Academic Freedom: An Ordinary Concern Of The First Amendment, Scott R. Bauries
Individual Academic Freedom: An Ordinary Concern Of The First Amendment, Scott R. Bauries
Law Faculty Scholarly Articles
Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us, and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.
There is some argument that expression related to academic scholarship or classroom instruction implicates additional constitutional interests that are not fully accounted for by this Court's customary employee-speech jurisprudence. We need not, and for that reason do not, decide whether the analysis we conduct today would apply in the same …