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ARTICLE · 17 DECEMBER 2001

First Amendment Does Not Protect Individual Academic Freedom

United StatesLitigation, Mediation & Arbitration
Daniel Hampton Jr
Daniel Hampton Jr

The First Amendment to the U.S. Constitution does not protect individual academic freedom, according to the U.S. Court of Appeals for the Fourth Circuit.  In Urofsy v. Gilmore (2000), the Fourth Circuit’s full panel ruled that public employers have broad rights to restrict the speech of their employees in the course of their employment.

In January, the U.S. Supreme Court declined to review the decision. At issue was a Virginia statute that prohibits any state employee from viewing sexually explicit material on computers owned or leased by the state.  Exceptions can be made by a state agency head when viewing such materials is required in connection with a bona fide research project or other undertaking.

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