Faculty Religious Speech in Class

Abstract

This article examines the tension in some university classrooms regarding the parameters that can be placed on professor speech—especially when the instructor's speech is related to a religious viewpoint. The cases discussed in this article demonstrate that federal courts have recognized important university interests that may conflict with First Amendment or academic freedom claims. Specifically, recent cases have illustrated the issue of a university's desire to protect students from a faculty member's comments that might promote religion or intimate prejudice about sexual orientation. Although academic freedom certainly warrants First Amendment protections, the parameters concerning the instructor's speech inside the classroom are unclear.