Question

Professor Davis, a professed communist and a professor of political science at a state university, used classroom lectures to advocate the violent overthrow of the American policiticoeconomic system. Students complained to the administation; and Professor Davis, a tenured employee, was fired. Discuss the various objectives of the law involved in this case and the probable result if Professor Davis sues to retain her job.

Answer 1

In this the concerned objectives of the law is with regards to legal provisions for “freedom of speech”. Professor Davis can sue as she feels that her freedom of speech has been violated.

The court, in this case, will consider Professor Davis’ freedom of speech as well as issues related to protection of the government as Professor Davis’ lectures advocate unwarranted overthrow of the American politico-economic system.

Court will be of the opinion that protection of the government is more important than freedom of speech. Professor Davis’ radical ideas will be regarded as a threat to the government and hence she will likely lose the case as the court will not rule in her favor. The court will note that speech is not always protected especially when the government’s protection is concerned.