A right to make a fool of himself



One might learn something about the extent of the First Amendment’s protection of speech. As interpreted by the Supreme Court, of course, the protection generally protects speech against restrictions by governmental entities such as cities, states and public universities. There are wrinkles and exceptions galore, of course, one of which applies to governmental paramilitary organizations such as police and fire departments, where the need for discipline and cohesion is recognized.

In one of the highlights of our work together representing students and teachers with speech claims in the university setting, John and I came up against the citation of this exception by University of Minnesota lawyers defending the suppression of speech. The university police had been called out to censor an exhibit by history professors on the campus of the University of Minnesota at Duluth. The university lawyers “explained” that the exhibit posed a threat to the order of the campus regime. We somehow managed to persuade the court to distinguish the University of Minnesota from a paramilitary organization.

One might learn that the First Amendment generally does not protect speech rights in the setting of private employment. A private employer can generally limit an employee’s right to express oneself at work. The NFL, for example, relies on its authority to regulate player speech in a myriad of ways with which we are all familiar. It has nevertheless recognized the Colinic exception to these regulations.







Enough false flags. The real one is too important.


UPDATE: Michael Rand responds to me via Twitter.


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