About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

75 Tex. L. Rev. 687 (1996-1997)
Freedom of Expression in the Workplace and the Problem of Discriminatory Harassment

handle is hein.journals/tlr75 and id is 703 raw text is: Texas Law Review Volume 75, Number 4, March 1997 Articles Freedom of Expression in the Workplace and the Problem of Discriminatory Harassment Cynthia L. Estlund* Introduction .................................... 688 I. The Problem: Employer Censorship Under the Shadow of Liability ................................... 695 II. Doctrinal Signposts: Unprotected Speech, R.A. V, and Harris . 702 III. Why is Workplace Speech Different? Chaos and Consensus in the Doctrine and the Debate ..................... 707 A. The Dismal State of Workplace Speech Rights as a Response to the First Amendment Challenge to Harassment Law .. 708 B. Disruptive Speech, Speech on Matters of Public Concern, and the Analogy to the Public Employee Speech Doctrine . 711 C. The Goal of Worlqlace Equality ................ 714 D. Economic Dependency and Physical Captivity in the Workplace .............................. 715 * Leroy G. Denman, Jr., Regents Professor of Real Property Law, The University of Texas School of Law. I would like to thankDaniel Farber, Katherine Franke, Jack Getman, Sam Issacharoff, Doug Laycock, Frank Michelman, Robert Post, Scot Powe, Jordan Steiker, Eugene Volokh, and the participants in faculty workshops at the University of Arizona College of Law, the University of Minnesota School of Law, and the Notre Dame Law School for their helpful and probing comments on earlier drafts. It seems particularly important to emphasize here that the views expressed are my own and are sharply at variance with those of several of my commenters. I would also like to thank William Childs and Charlotte Rasche for their exceptional research assistance.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most