This paper aims at enlightening the teaching community on the limits of instructional speech at public institutions of learning in the United States. Specifically, the discussion will focus on a professor’s freedom to use sexually-charged language while teaching, a relevant topic in light of the Department of Education’s vigorous investigations into sexual harassment on campus. Despite the constitutional protections afforded free speech, an analysis of 2018 judicial decisions suggests that courts will side with the educational institution when the professor’s sexual speech is not clearly linked to the subject matter covered in the course.
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