Tuesday, July 21, 2020
Michael Conklin, Angelo State University, is publishing Disappearing Act: Are Free Speech Rights Decreasing? in the St. Mary's Law Journal for 2020. Here is the abstract.
This is a critical analysis of Ronald J. Krotoszynski, Jr.’s new book, The Disappearing First Amendment. Krotoszynski provides a counter narrative to the claim that modern free speech rights have been on an upward trajectory. Examples provided to support this claim range from valid (e.g., the public forum doctrine reducing access to government property for speech activity) to misguided (e.g., decreased academic freedom). Overall the book is a worthwhile endeavor because the areas of decreasing free speech rights — such as reduced access to government property for speech activity — receive less media attention than areas of increased free speech such as those in Janus and Citizens United.
Download the article from SSRN at the link.