Document Type
Article
Publication Date
2022
Publication Information
1 J. Free Speech L. 579 (2022).
Abstract
This Article analyzes the institution of government employment as a nonpublic forum. Forum analysis offers a framework for bringing the doctrine of government employee speech into alignment with broader First Amendment principles. It also sharpens the theoretical contours of employee speech law by underscoring the need for vigilance against ordained orthodoxy while acknowledging the necessity of managerial discretion over institutional operations. Characterizing government employment as a nonpublic forum circumvents problematic questions like whether employee speech has provoked an adverse reaction. The proper inquiry, in the employment context as in other nonpublic forums, is whether a speech restriction is reasonable and viewpoint neutral.
Recommended Citation
Randy J. Kozel,
Government Employee Speech and Forum Analysis,
1 J. Free Speech L. 579 (2022)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1821