Lauren K. Ross

91 Texas L. Rev. 1253

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In this Note, Ms. Ross argues that the Court should recognize a constitutional, individual right to academic freedom.  The Note begins by updating and reposing William Van Alstyne’s concept of a specific theory of academic freedom, distinguishing the right to academic freedom from a more general notion of First Amendment rights.  It then turns to Garcetti v. Ceballos, providing historical context in order to understand why Garcetti marks such a change in our understanding of free speech.  The next portion of this Note considers how courts have applied Garcetti to cases raising academic freedom issues.  Using the problems revealed in the post-Garcetti decisions, this Note then suggests the Court should officially recognize a right to academic freedom and offers thoughts on what that right should encompass.