“In a victory for free speech on campus, the United States Court
of Appeals for the Ninth Circuit issued a ruling (Demers v. Austin) yesterday addressing a
question raised but not answered by the Supreme Court of the United States in Garcetti v. Ceballos (2006): whether the First Amendment protects
public college faculty members’ speech “related to scholarship or teaching,”
despite the Court’s holding in Garcetti
that public employees may be disciplined for “speech made pursuant
to the employee’s official duties.” Writing for a unanimous Ninth Circuit panel
in yesterday’s opinion (PDF), Judge William
Fletcher stated unequivocally that “Garcetti
does not—indeed, consistent with the First Amendment, cannot—apply to teaching
and academic writing that are performed ‘pursuant to the official duties’ of a
teacher and professor.”
if you care about First Amendment rights, esp. on college campuses, please visit the FIRE website at the link. They are an extremely valuable organization for those love liberty!
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