Carol N. Tran


In order to uphold the integrity of the First Amendment, it is essential that the Supreme Court establish a clear academic freedom exception to First Amendment jurisprudence. This Comment proposes that an academic freedom exception should exist based upon the history of academic freedom. The Comment will also discuss the limits and bounds for such an exception. Part II will begin by looking at the history of First Amendment law surrounding free speech in the workplace. Part III will then examine different circuit approaches to the Garcetti limitation to the First Amendment right to freedom of speech in the academic context. Part IV will lay out a proposed test and the reasoning behind each element. Finally, the Comment will demonstrate how this test can serve as a guiding point for future free speech cases in the academic workplace.