How Does Intramural Speech Fit Within the First Amendment?

August 28, 2023 1 min read

Keith E. Whittington
Volokh Conspiracy, Reason Magazine

Excerpt: I noted last month that a Fourth Circuit panel had handed down a divided decision in Porter v. North Carolina State University. The case involved a tenured statistics professor in the college of education who was removed from the program in higher education after a number of complaints he had made about the program becoming too focused on social justice. The Porter panel denied his claim that the speech for which he was being punished was constitutionally protected.

I have now posted an article-length paper examining the competing arguments in Porter and contending that neither the majority nor the dissent approached the question in the right way. I offer an alternative approach to extending the Supreme Court's doctrine on government employee speech to the particular context of intramural speech by state university professors.

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