California public agencies often accept funds, grants, and other federal financial assistance either directly from a federal department or agency, or indirectly through a California department or agency. Typically, when a public agency accepts federal financial assistance – either directly or indirectly – it must comply with specific obligations as a condition of receipt. Often
Social Media Maintained by Public Agencies – A Public Forum or Government Speech?
An officer in the City Police Department at which you are employed receives an award for commendable service. The Police Chief posts an announcement and his praise of the officer on the Police Department’s Facebook page. In the midst of the congratulatory posts from the public, two citizens post comments sharply criticizing the Department. You…
The First Amendment In Employment And Education – Six Issues for 2013
The U.S. Supreme Court’s docket is light on First Amendment cases this term. Nonetheless, the year 2013 may well bring important developments in a number of areas of free speech law in employment and education. The following are six primary areas worth watching in the coming year.
1. Is a College or University Campus a…
Formulating Effective College Freedom Of Expression Policies Under The First Amendment
Many public universities and colleges in California want to establish policies regarding what kind of speech can occur on campus. But doing so can be hazardous. Imagine you are tasked with establishing a policy that governs organized student speech on your campus. What would be reasonable?
Without a lot of legal guidance, you might propose the following: being careful, you might say, “none of the campus is considered any kind of ‘public forum’ for speech activities.” But, to be generous, you might also say, “all of the walkways surrounding the school library will be considered a free speech zone for students and outsiders.” The area is not heavily trafficked, and makes up only a small portion of the campus, but you expect that at least some students and other passersby will be able to see demonstrations or activities in the area specified. Again being generous, you write, “student organizations and outside groups must apply to use the free speech zone for demonstrations or distributing literature, and the college guarantees it will respond to the applications in fifteen (15) days, and will only deny permission for a proposed demonstration if it is manifestly inappropriate for an academic environment as determined by the Chancellor or by his or her designees.”
This campus policy doesn’t sound crazy. And it certainly does not create a police state or Orwellian dystopia. After all, it permits even demonstrations that criticize the college or its policies, since most people would agree such demonstrations would not, if reasonable, qualify as “manifestly inappropriate for an academic environment.” …
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