{"title":"高等教育机构的主权和第一修正案权利:一种肯定和制度的方法","authors":"M. Park","doi":"10.1080/21689725.2020.1743197","DOIUrl":null,"url":null,"abstract":"ABSTRACT This article offers an analysis of how, and to what extent, public institutions of higher learning, as agents of one sovereign, could assert free speech rights against the federal government, another sovereign. This work expands the First Amendment and government speech discourse by contributing a novel examination of Supreme Court precedent and the Court’s language addressing the expressive activities of universities under academic freedom. This work also situates itself theoretically in the Madisonian conception of the First Amendment Free Speech Clause, and makes the case that public universities should be recognized as institutions that occupy a special constitutional status within the doctrine. The article’s significance is underscored by the fact that the current political climate raises the specter of increased regulation and policing of the expressive activities of universities.","PeriodicalId":37756,"journal":{"name":"First Amendment Studies","volume":"54 1","pages":"110 - 127"},"PeriodicalIF":0.0000,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/21689725.2020.1743197","citationCount":"2","resultStr":"{\"title\":\"Sovereignty and First Amendment rights of higher education institutions: An affirmative and institutional approach\",\"authors\":\"M. Park\",\"doi\":\"10.1080/21689725.2020.1743197\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT This article offers an analysis of how, and to what extent, public institutions of higher learning, as agents of one sovereign, could assert free speech rights against the federal government, another sovereign. This work expands the First Amendment and government speech discourse by contributing a novel examination of Supreme Court precedent and the Court’s language addressing the expressive activities of universities under academic freedom. This work also situates itself theoretically in the Madisonian conception of the First Amendment Free Speech Clause, and makes the case that public universities should be recognized as institutions that occupy a special constitutional status within the doctrine. The article’s significance is underscored by the fact that the current political climate raises the specter of increased regulation and policing of the expressive activities of universities.\",\"PeriodicalId\":37756,\"journal\":{\"name\":\"First Amendment Studies\",\"volume\":\"54 1\",\"pages\":\"110 - 127\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-01-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/21689725.2020.1743197\",\"citationCount\":\"2\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"First Amendment Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/21689725.2020.1743197\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"First Amendment Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/21689725.2020.1743197","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Sovereignty and First Amendment rights of higher education institutions: An affirmative and institutional approach
ABSTRACT This article offers an analysis of how, and to what extent, public institutions of higher learning, as agents of one sovereign, could assert free speech rights against the federal government, another sovereign. This work expands the First Amendment and government speech discourse by contributing a novel examination of Supreme Court precedent and the Court’s language addressing the expressive activities of universities under academic freedom. This work also situates itself theoretically in the Madisonian conception of the First Amendment Free Speech Clause, and makes the case that public universities should be recognized as institutions that occupy a special constitutional status within the doctrine. The article’s significance is underscored by the fact that the current political climate raises the specter of increased regulation and policing of the expressive activities of universities.
期刊介绍:
First Amendment Studies publishes original scholarship on all aspects of free speech and embraces the full range of critical, historical, empirical, and descriptive methodologies. First Amendment Studies welcomes scholarship addressing areas including but not limited to: • doctrinal analysis of international and national free speech law and legislation • rhetorical analysis of cases and judicial rhetoric • theoretical and cultural issues related to free speech • the role of free speech in a wide variety of contexts (e.g., organizations, popular culture, traditional and new media).