FBI poster for members of Weatherman faction of Students for a Democratic Society

Healy v. James, Fifty Years Later

BY JOHN K. WILSON Fifty years ago, on June 26, 1972, the US Supreme Court issued one of the most important rulings protecting free speech on campus in the case of Healy v. James. As the conservative Supreme Court has proven this week, even a fifty-year precedent is not safe if five justices decide to…

NIMBYism in Berkeley

BY HANK REICHMAN The California Supreme Court declined this week to stay an injunction that requires the University of California at Berkeley to freeze enrollment at Fall 2020 levels while a lawsuit against the university filed by a resident group proceeds.  The suit, filed under the California Environmental Quality Act (CEQA), charges that the university…

Keyishian

Keyishian v. Board of Regents, 55 Years Later

BY JOHN K. WILSON January 23, 2022 marks the fifty-fifth anniversary of the US Supreme Court’s ruling in what may be the most important legal case protecting academic freedom: Keyishian v. Board of Regents. The poetic words of Justice William Brennan’s majority decision have echoed through our legal system and become a fundamental part of…

No, He’s Not Just Incompetent

BY HANK REICHMAN Given the case’s high importance, a U.S. District Court judge says he hopes to issue an order by January 24 on a suit filed by a group of University of Florida professors to invalidate the school’s conflict of interest policy as an unconstitutional infringement on freedom of speech.  “This is on the…

debate

Debating the Emory Law Journal Controversy

BY JOHN K. WILSON On Wednesday, the Chronicle of Higher Education’s Review posted dueling essays by Northwestern law professor Andrew Koppelman and me (reposted from this blog) about the controversy over the Emory Law Journal. Prof. Koppleman and I decided to continue the discussion, and below is our back-and-forth exchange. John K. Wilson: You wrote…

Gainesville, We Have a Problem

BY STEVEN LUBET Three University of Florida political science professors have sued the university trustees and several officials for violations of the First Amendment and academic freedom, alleging that they had been prevented from “testifying on behalf of voting-rights groups in a lawsuit challenging Florida’s Senate Bill 90 (‘SB 90’).”  In what appeared to be…