Sunday, March 22, 2015

Limits to First Amendment


For John, BLUFThe First Amendment is not a universal cure for petty tyrants.  Nothing to see here; just move along.



From The Volokh Conspiracy, via The Washington Post, we have "Government funding and the Free Speech Clause".

Law Professor Eugene Volokh tell us that just because a University receives Federal Funding for Research (or student loans) does not mean it has some "First Amendment" Obligation.

No:  The Free Speech Clause applies only to decisions by the government (including government-run institutions such as public universities).  It generally does not apply when the government merely provides funds to a private institution, that then makes speech-restrictive decisions without command or pressure from the government.  The Court squarely held this in Rendell-Baker v. Kohn (1982).
There you are.  Go to Harvard and have your speech curtailed.  Go to UMass Lowell and maybe not.

Hat tip to the Instapundit.

Regards  —  Cliff

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