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

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

48 Pages Posted: 8 Sep 2011 Last revised: 8 Apr 2013

Kevin L. Cope

University of Virginia School of Law

Date Written: February 1, 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.

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

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: https://ssrn.com/abstract=1922806

Kevin L. Cope (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
WB302E
Charlottesville, VA 22903
United States

HOME PAGE: http://www.kevinlcope.com

Paper statistics

Downloads
72
Rank
268,185
Abstract Views
363