Abstract

http://ssrn.com/abstract=1922806
 


 



Defending the Ivory Tower: A Twenty-First Century Approach to the Pickering-Connick Doctrine and Public Higher Education Faculty after Garcetti


Kevin L. Cope


Georgetown University Law Center

February 1, 2007

Journal of College & University Law, Vol. 33, p. 313, 2007

Abstract:     
Due in part to various recent socio-political trends, constitutional academic freedom doctrine has proven inadequate in recent decades as applied to public university faculty scholarship. Unlike the prevailing analytical framework, which lumps scholarship with unrelated speech forms, this article’s framework conceptualizes scholarship as a special form of speech that is neither pure employee speech, nor traditional public-concern speech, but which contributes uniquely to the marketplace of ideas. Accordingly, the introduced approach expands the Pickering-Connick doctrine’s limited definition of “matters of public concern,” thus enhancing protection of scholarly expression.

Number of Pages in PDF File: 48

Keywords: First Amendment, academic freedom, freedom of speech, free speech, higher education, scholarship

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Date posted: September 8, 2011 ; Last revised: April 8, 2013

Suggested Citation

Cope, Kevin L., Defending the Ivory Tower: A Twenty-First Century Approach to the Pickering-Connick Doctrine and Public Higher Education Faculty after Garcetti (February 1, 2007). Journal of College & University Law, Vol. 33, p. 313, 2007. Available at SSRN: http://ssrn.com/abstract=1922806

Contact Information

Kevin L. Cope (Contact Author)
Georgetown University Law Center ( email )
600 New Jersey Avenue, NW
McDonough 480
Washington, DC 20001
United States
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