Know how to respond to ‘offensive’ speech involving faculty members, other employees

Abstract

It certainly can be confusing to determine when campus employees’ speech qualifies for protection under the First Amendment versus when it crosses the line and can be squashed. To help clarify the issue, review the insights and guidance offered by William Thro, Esq., general counsel at the University of Kentucky; Will Creeley, Esq., senior vice president of legal and public advocacy with FIRE; Louis H. Guard, Esq., vice president and general counsel at Hobart and William Smith Colleges; and K.B. Melear, Ph.D., professor of higher education and affiliate faculty in the School of Law at the University of Mississippi. They spoke at Stetson University's National Conference on the Law & Higher Education.