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Managing Risk in High-Stakes Faculty Employment Decisions$
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Julee T. Flood and Terry L. Leap

Print publication date: 2018

Print ISBN-13: 9781501728952

Published to Cornell Scholarship Online: May 2019

DOI: 10.7591/cornell/9781501728952.001.0001

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From Contracts to Constitutions

From Contracts to Constitutions

Faculty Free Speech Issues

(p.108) 4 From Contracts to Constitutions
Managing Risk in High-Stakes Faculty Employment Decisions

Julee T. Flood

Terry L. Leap

Cornell University Press

Two key issues stemming from the First Amendment of the U.S. Constitution are discussed: freedom of speech and academic freedom. These two ideals are largely non-existent for faculty members working at private colleges, and universities and they are probably more restricted than faculty at public institutions might imagine. This chapter focuses on U.S. Supreme Court cases (e.g., Garcetti v Ceballos) as well as AAUP definitions of academic freedom. Defamation and other free speech issues are also discussed.

Keywords:   First Amendment, Academic freedom, Free speech, Garcetti v Ceballos, Micro-aggressions, Social media, Defamation, Communications, Political correctness

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