In this article for the ‘Texas Journal on Civil Liberties and Civil Rights’, Erica Goldberg argues that the Supreme Court’s 2010 decision in ‘Christian Legal Society v. Martinez’ fails to provide sufficient protection to freedom of association on university campuses. Erica proposes that the Court should have held that the First Amendment right to freedom of expressive association protects the ability of belief-based student organizations to make decisions about membership based on belief, but not immutable status.
The Year of ‘Christian Legal Society v. Martinez’
In this piece, FIRE’s Erica Goldberg reviews the Supreme Court’s landmark decision in ‘CLS v. Martinez’, in which the Court ruled that a public university may require its student organizations to admit any student as a voting member or officer, regardless of whether that student openly disagrees with or is even hostile to the group’s fundamental beliefs. Goldberg argues that this unfortunate ruling holds serious consequences for freedom of association on campus.
Measuring A “Degree of Deference”: Institutional Academic Freedom In a Post-Grutter World
Academic freedom, as a constitutional right, has long suffered from a lack of consensus over its scope and application. Although academic freedom is generally conceptualized as insulating certain aspects of the academy from government intrusion, the courts are as divided as scholars on the issue of who may invoke the right, and in what circumstances.