Category: Free Speech

Doing Pickering Balancing Right

It is not a workplace “disruption” that co-workers objected to a MAGA hat

The court here correctly, I believe, worked from the assumption that a government school was constitutionally required to be institutionally neutral about political values. The school as such could not prefer Black Lives Matter posters to MAGA hats, and could not base employment decisions on such preferences. It is evident that many university professors, administrators and leaders, at both public and private institutions, would not work from that same assumption.

https://reason.com/volokh/2022/12/29/doing-pickering-balancing-right/

5 Infuriating Ways People Got the First Amendment Wrong in 2022

As free speech becomes an increasingly important part of the culture war, people won’t stop misinterpreting—and outright violating—the First Amendment.

Many elected leaders bungled the First Amendment this year, but the dubious honor of the person who most consistently attempted to attack free speech rights in 2022 goes to Florida Gov. Ron DeSantis (R).

https://reason.com/2022/12/24/5-infuriating-ways-people-got-the-first-amendment-wrong-in-2022/