William M. Carter, Jr. (University of Pittsburgh – School of Law) has posted Standing Up for Free Speech (Boston University Law Review (forthcoming)) on SSRN. Here is the abstract:
The Trump Administration and its allies have systematically attacked the First Amendment rights of higher education institutions and their students, faculty, and staff. University leaders have not only largely failed to defend their constituents’ freedom of speech against these attacks: in many cases, they have actively facilitated or participated in them. This Essay argues that students, faculty, and staff should pursue offensive litigation against those university administrators who have jointly participated with the Trump Administration in suppressing free speech. Further, this Essay contends, the chilling effect of widespread speech suppression at many universities is a sufficient present injury to confer standing for pre-enforcement suits to protect our free speech rights. This Essay also briefly discusses some of the substantive legal claims that could be pursued; particularly, litigation against university officials under federal civil rights law.