Speech by Government Employees

[Don Stepka]

Jim Henderson wrote:

>"Offended observer" standing?  It has a nice emotional appeal to it; but it's
>claim to any constitutional warrant is specious.

There is at least some constitutional warrant for the concept of offended
observer standing: obscenity and indecency law seem to be based upon it.
The rights of some to speak are restricted by the rights of others not to
be spoken to, especially in "captive audience" and "intrusive media"
situations.

Public servants in public workplaces are not implausibly speaking in an
analogous captive audience situation, all the more so when they are
powerful figures in relation to their "clients" (e.g., judges, teachers).

Don

Cornell University  JD '97
                    PhD Philosophy in progress