Putting Their Money Where Their Mouth Is: The Case for Denying Qualified Immunity to University Administrators for Violating Students' Speech Rights

Authors

Azhar Majeed, Foundation for Individual Rights in Education (FIRE)

Abstract

The article argues that courts should deny qualified immunity to public university administrators when they violate students' First Amendment rights, particularly through unconstitutional speech codes or censorship of protected speech. It contends that the law on student expressive rights is clearly established, making it unreasonable for administrators to claim immunity. By holding administrators personally liable under 42 U.S.C. § 1983, the judiciary can better protect students' constitutional freedoms and deter future violations.

Disciplines

Education Law | Law

Recommended Citation

Azhar Majeed, Putting Their Money Where Their Mouth Is: The Case for Denying Qualified Immunity to University Administrators for Violating Students' Speech Rights, 8 Cardozo Pub. L. Pol’y & Ethics J. 515 (2010).
Available at: https://larc.cardozo.yu.edu/cplpej/vol8/iss3/2