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Keith E. Whittington
Volokh Conspiracy, Reason Magazine
Excerpt: Public and private universities are currently being scrutinized by politicians and political activists in ways that they have not been in many years. Moreover, government officials at both the state and federal level are intervening in the internal affairs of universities in ways that are nearly unprecedented.
In a new paper I take a more empirical and positive political theory approach to our current situation. There is an extensive literature on the politics of "independent" government institutions, from the judiciary to bureaucracies to central banks to international organizations. The conceptual apparatus and logic of those models can be turned toward thinking about the political conditions and political boundaries of university autonomy from government interventions.
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Violating the First Amendment will cost you. Universities and other public institutions are learning this lesson the hard way as the dust settles on a series of lawsuits brought by university faculty and staff who were punished for their comments about Charlie Kirk’s murder last September.
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