Publications

Section Newsletter Articles on Freedom of Speech

Public employees and free speech By Matthew Feda Government Lawyers, January 2012 An overview of the history and current trends in the law regarding public employee free speech, as well as practical advice for bringing a claim.
Public employees and free speech By Matthew Feda Labor and Employment Law, December 2011 An overview of the history and current trends in the law regarding public employee free speech, as well as practical advice for bringing a claim.
“Choose Life” license plates—Government speech, private speech, or hybrid speech? By Crystal Olsen Human Rights, September 2010 Specialty license plates are considered government property, but messages on the plate are ultimately displayed by private citizens. So, who gets to decide which messages are displayed or not displayed?
Privacy rulings in tabloid journalism cases weaken protection for rest of press By Jan Dennis Human Rights, May 2010 A U of I legal professor says that, in the past, the mere fact that stories were published or broadcast would be considered proof of newsworthiness – often making them privileged under law – so lawsuits seeking damages under privacy torts were routinely tossed out. But that's not necessarily the case anymore.
First Amendment Freedom of Speech: No purchase necessary. Some exclusions apply. By Anupama Pal Human Rights, February 2010 The First Amendment, taken literally, appears quite straightforward. We all have the right to free speech. And that right is afforded to everyone at just that price—free.
Freedom of speech—fleeting expletives, access to courts, Internet anonymity and attorney advertising By Steven Helle Human Rights, February 2010 As audience members at a recent Communications Law seminar in New York City learned, the subject spans everything from regulation of indecency in the broadcast media to a constitutional right of access to courtrooms and court documents.
The silencing of student speech By Jennifer Lee Human Rights, May 2009 Under Morse v. Frederick, schools may now regulate speech that can reasonably be perceived as “promoting illegal drug-use.”
Student speech law heating up By Steven Helle Human Rights, November 2007 This article will offer a primer for when that upset parent with teen in tow comes marching into your office.
Public employee free speech rights—Are there any left after Garcetti? By John H. Brechin Local Government Law, May 2007 The Garcetti decision disturbed earlier precedent which had established that a public body cannot condition public employment on a basis that infringes on an employee’s constitutionally protected interest in freedom of expression.
Case summaries By Hon. Lloyd A. Karmeier and Alfred M. Swanson, Jr. Bench and Bar, September 2002 The United States Supreme Court has held that the Minnesota Supreme Court's Canon of Judicial Conduct that prohibited judicial candidates from stating their view on disputed legal or political issues violates the First Amendment (Republican Party of Minnesota, et al. v. White, 2002 WL 1378604 (June 27, 2002) Scalia, J. (Stevens, Ginsberg, Souter and Breyer, JJ. Dissenting)).