The Deconstitutionalization of Academic Freedom After Garcetti v. Ceballos?

Abstract

The supreme court in Garcetti v. Ceballos ( 2006 ) held that public employees do not have constitutional rights to speak out on matters of public concern in the course of the performance of their official duties. The article examines the First Amendment freedom of speech rights of faculty employed at public universities and colleges before and after the Garcetti decision by examining lower federal court decisions. It argues that lower federal courts have applied Garcetti to the intramural speech, further limiting the freedom of speech rights of faculty members engaged in university governance activities. The article also argues that lower federal courts have not ruled on whether Garcetti applies to the classroom speech of college faculty.