Document Type
Article
Publication Date
2005
Publication Information
99 Nw U.L. Rev. 1007 (2005).
Abstract
If government employees didn't have any free speech rights, America might well be a much quieter place. But tying public employers' hands by denying them the ability to restrict employee speech could take a massive toll on governmental efficiency-a toll that we would all end up paying with our tax dollars. Striking the proper balance between protecting free speech and promoting social order is a tricky enough proposition when the government is acting in its familiar role as sovereign. When we move into the realm of public employee speech, striking the balance gets even tougher; it requires us to answer the additional meta-question of how to deal with the fact that the government is acting not as sovereign, but as employer.
Recommended Citation
Randy J. Kozel,
Reconceptualizing Public Employee Speech,
99 Nw U.L. Rev. 1007 (2005)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1824
Comments
Abstract from introduction.