Matters of Public Concern

I've written before about how Garcetti v. Ceballos makes virtually any speech by a public employee potentially subject to sanction but is a particular disaster when applied to Higher Ed. What the Supreme Court may someday make of the mess it created is yet to be determined. But in a ruling regarding my own University, Meriwether … Continue reading Matters of Public Concern →

Ohio’s Free Speech on Campus Bill

The Ohio has recently passed Senate Bill 40 , aka "Forming Open and Robust University Minds Act". It will most likely be signed by the governor, thus creating a State Law to protect the free speech clause of the First Amendment to the US Constitution at Ohio public universities. The bill would bring an end … Continue reading Ohio’s Free Speech on Campus Bill →

Janus: What is all this fuss Abood?

On June 27, 2018, the U.S. Supreme Court, by a vote of 5-4, ruled in Janus that a provision of the Illinois Public Labor Relations Act which allowed public employee Unions to negotiate "fair share fees" violated the First Amendment rights and the right to free Association of public employees (see also Ohio Revised Code 4117 ). … Continue reading Janus: What is all this fuss Abood? →

Are some ideas not worth debating?

In an article in the AAUP's Journal of Academic Freedom, noted historian Joan Wallach Scott draws a distinction between the protections afforded by Academic Freedom and the First Amendment. The distinction is an important one: the claim to protection for academic freedom rests on a claim to expertise in one's discipline. In contrast, the First Amendment … Continue reading Are some ideas not worth debating? →