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Full-Text Articles in Law

In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia, Daniel M. Ortner Dec 2021

In The Name Of Diversity: Why Mandatory Diversity Statements Violate The First Amendment And Reduce Intellectual Diversity In Academia, Daniel M. Ortner

Catholic University Law Review

In the 1950s and 1960s in many parts of the country, a professor could be fired or never hired if he refused to denounce communism or declare loyalty to the United States Constitution. The University of California system took the lead in enforcing these loyalty oaths. These loyalty oaths were challenged all the way up to the United States Supreme Court and were soundly rejected, establishing the centrality of academic freedom and open inquiry on the university campus. So why are loyalty oaths making their resurgence in the form of mandatory diversity statements? Universities have begun requiring faculty members to …


Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison May 2021

Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison

St. Mary's Law Journal

Abstract forthcoming.


Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon Jan 2021

Is Free Speech An Academic Value? Is Academic Freedom A Constitutional Value?, Daniel Gordon

FIU Law Review

No abstract provided.