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2024-2025 UNT Dallas L. Rev. On the Cusp 1 (2024-2025)

handle is hein.journals/ontcp2025 and id is 1 raw text is: 2024 ON THE* CUSP 2025 PRIESTS OF OUR DEMOCRACY: THE FIRST AMENDMENT'S SPECIAL CONCERN FOR FACULTY ACADEMIC FREEDOM Nabutsingso Hoshut* TABLE OF CONTENTS I. INTRODUCTION .............................................1 II. ACADEMIC FREEDOM, FROM THE PLUTOCRACY TO THE MARKETPLACE........... 4 A . Em erging as a Professional Protection ................................................................ 5 B. Evolving into a Constitutional Concern ..................................................... 8 C. Developing into an Institutional Protection ............................................. 10 D . Preserving Classroom Viewpoints............................................................ 12 III. ACADEMIC FREEDOM AND THE EMPLOYER............................................................ 13 A. Related to Scholarship or Teaching: Protecting Academic Expression ... 13 B. [P]riests of our Democracy: Protecting Political Expression .............. 18 IV . C O N C L U S IO N .......................................................................................................................2 3 I. INTRODUCTION In 2022, several state university professors successfully mounted a First Amendment challenge to the educational edict of Florida's Stop W.O.K.E. Act, which prohibited public college professors from expressing race or sex- conscious viewpoints in their courses.' In 2023, a Texas jury rejected a history professor's First Amendment claim against a public college for allegedly refusing to renew his contract due to his public commentary and advocacy on race relations.2 In 2024, a computer science professor disciplined by his public university for adding a controversial statement to his course syllabus plausibly * Nabutsingso Hoshut is a business litigation attorney at Thompson Coburn LLP whose practice interests include health care litigation, complex commercial disputes, and impact litigation. She received her J.D. from UNT Dallas College of Law and earned both her M.S. in Biotechnology and B.A. in Biology from the University of Texas at Dallas. 1 Pernell v. Fla. Bd. of Governors of State Univ. Sys., 641 F. Supp. 3d 1218 (N.D. Fla. 2022), appeal denied, 2023 WL 2543659 (11th Cir. 2023). 2 Phillips v. Collin Cmty. Coll. Dist., F. Supp. 3d 525 (E.D. Tex. 2023).

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