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David French: Professors? opinion columns not protected by the First Amendment?

By Alliance Alert

ADF Attorney David French writing at Phi Beta Cons: "The most crucial aspect of the court's ruling was its finding that Mike's Townhall.com columns were work-related speech and not protected by the First Amendment because he mentioned that he was a columnist in his application to become a full professor at the University . . . The court's ruling represents a distortion of the Supreme Court's holding in Garcetti v. Ceballos. While the Garcetti court sharply limited protection for 'expression made pursuant to official responsibilities,' the Court also expressly reserved whether the doctrine had any application in the academic freedom context. In Mike's case the trial court brushed straight past the Supreme Court's reservations and left no refuge for academic freedom."

Full post as published by Constitutionally Correct on March 23, 2010 (boomark / email).