Monthly Archives: April 2025

Bibliography: Free Speech (Part 41 of 62)

Zeleza, Paul Tiyambe (1997). Academic Freedom in the North and the South: An African Perspective. Academe, v83 n6 p16-21 Nov-Dec. Academics in both the industrial world and developing countries face funding declines, growing state intervention, public hostility, and corporate pressure. Simultaneously, they are experiencing internal wars over policy, curriculum, and nature of scholarly communities. In North America debates about academic freedom center on tenure and free speech; in Africa, they focus on institutional autonomy, intellectual authority, and public accountability. (Author/MSE)…

Dowling-Sendor, Benjamin (2003). Seeing Red over Speech. American School Board Journal, v190 n3 p36-38 Mar. Analyzes federal case involving suspension of New Jersey high school student for wearing a T-shirt listing top 10 reasons for being a "redneck" in violation of district's racial harassment policy. Court upheld the policy with a minor exception, but ruled its application to the student's "redneck" T-shirt violated his First Amendment Free Speech rights. (PKP)…

(2001). Students in Action. Insights on Law & Society, v1 n2 p16-21 Win. Focuses on important issues surrounding the opening clauses of the First Amendment on the establishment of religion, freedom of speech, and freedom of religion. Includes articles: "Established Churches in Colonial Times,""Establishment Clause: Here's How to Understand it!", "Religious Freedom and Today's Religious Minorities," and "Santa Fe: A School Prayer or Free Speech Case?". (CMK)…

Herring, Mark Y. (1999). Reading between Librarians' Lines. Society, v36 n6 p26-32 Sep-Oct. Addresses three aspects of the issue of intellectual freedom: the nature of intellectual freedom as defined by the American Library Association's "Intellectual Freedom Manual," the underlying philosophy implicit in that expression, and an alternative to both the manual and its philosophical presuppositions. Attempts to define the difference between the phrases "free speech" and "free expression." (SM)…

Dowling-Sendor, Benjamin (2003). The Sad Case of the Columbine Tiles. American School Board Journal, v190 n1 p41-42,47 Jan. Analyzes free-speech challenge to school district's guidelines for acceptable expressions on ceramic tiles painted by Columbine High School students to express their feelings about the massacre. Tenth Circuit found that tile painting constituted school-sponsored speech and thus district had the constitutional authority under "Hazelwood School District v. Kuhlmeier" to regulate the content of the titles. (PKP)…

Hastings, William L.; Payne, Kenneth A. (1990). Democratic Orientations among High School Seniors in the United States and Germany. Social Education, v54 n7 p458-65,469 Nov-Dec. Investigates strength of national identity and degrees of democratic orientation among honors high school seniors taking advanced political science courses in 1986 in the United States and the Federal Republic of Germany. Finds West German students less tolerant of minority free speech, more fearful of consequences of dissent, and less politically efficacious. Concludes these differences reflect Nazism's psychological legacy. (CH)…

Hubbard, Carol P.; Prins, David (1990). Acoustical Durations of Speech Segments during Stuttering Adaptation. Journal of Speech and Hearing Research, v33 n3 p494-504 Sep. The study found no significant trends in the change of acoustical durations of stutter- and disfluency-free speech from readings in an adaptation series with four adapting, four nonadapting, and four nonstuttering subjects (all young adults). Findings suggest that adaptation of stuttering and other fluency-inducing conditions are a result of reduced demands upon central motor-linguistic processes. (Author/DB)…

Harrison, Jack B. (1994). Hate Speech: Power in the Marketplace. Journal of College and University Law, v20 n4 p461-81 Spr. A discussion of hate speech and freedom of speech on college campuses examines the difference between hate speech from normal, objectionable interpersonal comments and looks at Supreme Court decisions on the limits of student free speech. Two cases specifically concerning regulation of hate speech on campus are considered: Chaplinsky v. New Hampshire and Tinker v. Des Moines Independent School District. (MSE)…

Roth, Charles (1995). Rosenberger v. Rector: The First Amendment Dog Chases Its Tail. Journal of College and University Law, v21 n4 p723-64 Spr. Discussion of the Rosenberger vs. Rector case, involving the ability of public universities to decide whether or not to fund religious speech, evaluates contemporary jurisprudence concerning the establishment and free speech clauses and applies theories in these areas to funding of student religious speech on college campuses. It also outlines factors that universities should consider in deciding on funding. (MSE)…

DeMitchell, Todd A. (1992). "Miles v. Denver Public Schools": Teacher Autonomy, an Endangered Concept?. International Journal of Educational Reform, v1 n3 p298-302 Jul. Summarizes a case involving a Denver high school teacher's naming, in a government class, of a student observed in a public sexual rendezvous. The teacher lost on all fronts, because his speech was considered school-sponsored and did not meet the school district's pedagogical interests, based on the 1988 "Hazelwood" decision limiting student free speech rights. (nine references) (MLH)…

Alforde, Sally; Paul, Rhea (1993). Grammatical Morpheme Acquisition in 4-Year-Olds with Normal, Impaired, and Late-Developing Language. Journal of Speech and Hearing Research, v36 n6 p1271-75 Dec. Production of grammatical morphemes was examined in free speech samples from 34 4-year-olds with history of slow expressive language development (SELD) and control group. Both the SELD children who had caught up in mean length of utterance by age four and those who had not had acquired fewer grammatical morphemes than controls, though acquisition was in the usual order. (Author/DB)…

Schimmel, David (1994). Discrimination against Religious Viewpoints Prohibited in Public Schools: An Analysis of the Lamb's Chapel Decision. West's Education Law Quarterly, v3 n1 p82-91 Jan. In "Lambs Chapel," the Supreme Court struck down a complete prohibition against afterhours use of public schools by religious groups. Summarizes lower court decisions, and then the opinions of Justices White, Scalia, and Kennedy. Examines the Court's consensus about protecting religious perspectives under the Free Speech Clause and the debate over the meaning of the Establishment Clause. (55 footnotes) (MLF)…

Mawdsley, Ralph D. (1998). Redefining the Place of Religion in Public Education: An Analysis of the Eighth Circuit's Interpretation of the Establishment Clause. International Journal of Educational Reform, v7 n3 p226-31 Jul. "Agostini v. Felton" facilitates federal courts' consideration of applications of non-free-speech government-religion interaction. "Stark v. Independent School District No. 640," concerning a reopened Minnesota elementary school attended by children of a technology-adverse religious group, suggests that coincidences between religious beliefs and government actions, in themselves, are insufficient to violate the establishment clause. (12 references) (MLH)…

Mawdsley, Ralph D. (1998). The Principal and Religious Activity. NASSP Bulletin, v82 n599 p10-17 Sep. Religious activity in public schools has become a major issue, thanks to the Equal Access Act and "Lamb's Chapel," but neither has eliminated the Establishment Clause as a feasible concern for school officials. Protecting student religious expression to the same extent as other forms of free speech raises legitimate concerns regarding public school endorsement of religion. (13 references) (MLH)…

Ridgley, Stanley K. (2000). The Long March: How the Cultural Revolution of the 1960s Changed America. Texas Education Review, v1 n2 p21-27 Sum. Reviews the modern academy's intellectual foundations, rooted in Marcuse's, Ginsburg's, Kerouac's, and Mailer's ideas. Highlights Kimball's new book on the 1960s cultural revolution. Questions the notion that the 1960s were about peace, love, compassion, and diversity, revealing deep connections between modern political correctness and Marcusian beliefs that rights like free speech are provisional and should be withheld from the bourgeois. (SM)…

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Bibliography: Free Speech (Part 42 of 62)

Smith, Sonya G. (1998). Cohen v. San Bernardino Valley College: The Scope of Academic Freedom within the Context of Sexual Harassment Claims and In-Class Speech. Journal of College and University Law, v25 n1 p1-51 Sum. Examines the issue of a professor's First Amendment right to academic freedom vs. a student's right to an effective learning environment free from sexual harassment in a 1996 case, Cohen vs. San Bernardino Valley College. Also explored is the right of a public employee to free speech. Recommendations are offered to college administrators on balancing competing policy interests. (Author/MSE)…

Mawdsley, Ralph D.; Russo, Charles J. (2001). The Supreme Court Permits Religious Groups To Use Public School Facilities: Good News Club v. Milford Central School. School Business Affairs, v67 n9 p62-65 Sep. Reviews basis for U.S. Supreme Court's June 2001 decision in "Good News Club v. Milford Central School," where Court held that the Christian religious club for students had the Constitutional right under the Free Speech Clause to use public school facilities after school hours. Explains impact of decision on board of education policy. (Contains eight references.) (PKP)…

Byman, Abigail (1990). Student v. Union: Colleges at Risk. ACU-I Bulletin, v58 n1 p4-8 Jan. College union administrators should be careful about the use of facilities, particularly in public schools, because of the potential for legal liability. Institutions of higher education today are vulnerable to being sued in regard to issues of free speech, trespass, and religion. Areas of potential liability include (1) serving alcoholic beverages, (2) certain potentially physically harmful activities, e.g., trampolining, (3) structural hazards such as holes in athletic fields and dangerous staircases (particularly a problem when students have become inebriated), and (4) violations of First Amendment rights. The First Amendment to the U.S. Constitution, although not strongly applying to private schools, is very applicable to public schools. Attempts to restrain, for example, the exercise of free speech during demonstrations, or the banning of activities of certain religious groups must be carefully considered. Additionally, in matters of student discipline, if the institution acts… [PDF]

Scott, David K. (1990). Punitive Speech: Establishing a Utilitarian Standard. Recent court philosophy has introduced the concept of court-sanctioned "punitive speech." In response to the rising concern over drunken driving and other crimes, many courts are using public humiliation, in the form of public apologies or bumper stickers/license plates that proclaim the crime, as a form of punishment. The key question is whether the imposition of court mandated speech forces those convicted of a crime to spread an ideological message against their will, contrary to the free speech rights guaranteed by the Constitution. Several instances from around the United States demonstrate how court mandated speech has been used in drunken driving sentences. Examination of preliminary court decisions shows that societal interest takes priority over individual speech rights, and court mandated "punitive speech" has been established as a precedent. There may be potential dangers, however, in this judicial precedent in terms of the erosion of free speech… [PDF]

(1973). In Re Complaint of the Black Caucus of the United States House of Representatives Before the Federal Communications Commission. In December 1972 the Federal Communications Commission (FCC) denied a request of the black Congressmen of the Black Caucus (BC) that it order the television networks to make free prime time available for the BC to reply to social matters in the President's State of the Union message. The BC argued that they were entitled to time balance coverage given to the President, based upon; 1) The Constitution's requirement of a balance of separate powers; 2) the FCC's fairness doctrine; 3) the right to free speech; and 4) the public interest. The networks replied they were entitled to control controversial programing, that they presented opposing views, and that the fairness doctrine guaranteed presentation of opposing viewpoints, not the appearance of particular individuals. The FCC affirmed the network's discretionary powers, concurred that the fairness doctrine was issue-oriented and did not give access rights to individuals, and ruled that separation of powers did not imply free access… [PDF]

(1977). The FCC and Broadcasting. This report outlines the Federal Communications Commission's (FCC) regulatory authority over the licensing and operation of commercial, educational, and public broadcasting in the United States. Also described are rules and regulations governing the program content and advertising, in relation to the fairness doctrine, free speech, and public interest. The report contains a list of professional organizations and publications pertaining to radio and television broadcasting. (SC)… [PDF]

Dodd, Barbara; McEvoy, Sandra (1994). Twin Language or Phonological Disorder?. Journal of Child Language, v21 n2 p273-89 Jun. The claim that multiple-birth children use "twin language" was investigated by describing and comparing the phonological characteristics of the speech of 19 sets of multiple birth children (aged 2-4) and by measuring multiple-birth children's understanding of their twins' or triplets' context-free speech. Results indicated that multiple birth children are prone to phonological disorder, and consequently their speech is unintelligible. (JL)…

Bassano, Dominique (2000). Early Development of Nouns and Verbs in French: Exploring the Interface between Lexicon and Grammar. Journal of Child Language, v27 n3 p521-59 Oct. Investigates how the noun and verb classes develop in the free speech of a French child between the ages of 1 year, 2 months to 2 years and 6 months from the perspective of semantic and grammatical development. Analyses indicate that in French acquisition, nouns clearly predominate over verbs until 20 months of age at least, but that verbs are produced in the early stages. (Author/VWL)…

McKenzie, Malcolm (1987). Free Indirect Speech in a Fettered Insecure Society. Language and Communication, v7 n2 p153-59. Discusses the grammatical and syntactical indicators of Free Indirect Speech (FIS) at an intrasentential level. Particular focus is on cases where the difference between straight narrative or diegitic report and the representation of speech in FIS is rendered problematic because their formal indicators are indistinguishable. (11 references) (JL)…

Mulberry, Stella L. (2010). Political Identity of First-Year College Students: An Analysis of Student Characteristics Using Cooperative Institutional Research Program (CIRP) Data. ProQuest LLC, Ph.D. Dissertation, University of North Texas. This quantitative study utilized secondary self-reported data from the 2008 administration of the Cooperative Institutional Research Program (CIRP) Freshman Survey from two Texas public universities to investigate the pre-college demographic, academic, attitude, behavioral, and familial factors that may relate to students' self-reported political identities. The study design was correlational regarding the relationship of the demographic, academic, attitude, behavioral, and familial independent variables to the dependent variable of the students' political identities. ANOVA main effects for the independent variables were calculated, and statistical significance required the p less than 0.05 level. The statistically significant demographic factors were native English-speaking status; enrollment status; citizenship status; religious preference; and race. The statistically significant academic factor was intended major. The statistically significant attitude factors were opinions… [Direct]

Bartlett, Thomas (2007). Pennies for Heaven. Chronicle of Higher Education, v53 n44 pA29 Jul. In 1991 three Christian students sued the University of Virginia after they were denied funds for their evangelical newspaper. The students said the case was about free speech; the university argued it was about separation of church and state. The U.S. Supreme Court found in favor of the students, a landmark ruling that guaranteed equal treatment for campus religious groups. More than a decade later, some public universities still have policies that appear to run counter to the spirit and letter of "Rosenberger v. Rector and Visitors of the University of Virginia" and a review of more than a dozen student handbooks across the country reveals results both confusing and contradictory. Some policies explicitly welcome religious groups to apply for student-activity funds and inveigh against any "viewpoint discrimination"; others prohibit religious groups from receiving any money; still others are so vague that it's unclear who is and is not eligible for support…. [Direct]

Onslow, Mark; And Others (1997). Control of Children's Stuttering with Response-Contingent Time-Out: Behavioral, Perceptual, and Acoustic Data. Journal of Speech, Language, and Hearing Research, v40 n1 p121-33 Feb. A time-out from speaking contingency was evaluated in the treatment of stuttering in three school-age children. A red light time-out signal appeared for five seconds when the child stuttered. Two of the children responded to time-out with clear reductions in stuttering. Listeners did not detect any differences between the perceptually stutter-free speech of baseline conditions and that of time-out conditions. (Author/DB)…

Mawdsley, Ralph (1997). Religion in the Schools: Walking a Fine Legal Line. School Business Affairs, v63 n5 p5-10 May. Although the two religion clauses in the First Amendment don't mention neutrality, 40 years of U.S. Supreme Court decisions have integrated that concept into their interpretations. Current understanding of neutrality has been shaped by defining benchmarks: enactment of the 1984 Equal Access act; inclusion of religious speech as a subset of free speech; and distinction between the government and private individuals as actors. (29 references) (MLH)…

Connell, Mary Ann; Savage, Frederick G. (2001). The Role of Collegiality in Higher Education Tenure, Promotion, and Termination Decisions. Journal of College and University Law, v27 n4 p833-858 Spr. Presents an analysis of the arguments for and against consideration of collegiality in higher education employment decisions and a review of the relevant case law. Critics argue that unless collegiality is specified as a separate criterion for evaluation in the faculty contract or handbook, its use is a breach of contract. Others are concerned that collegiality serves as a pretext for discrimination and endangers academic freedom and free speech. (MD)…

Felder, Scott Andrew (2000). Stop the Presses: Censorship and the High School Journalist. Journal of Law and Education, v29 n4 p433-61 Oct. Since its broadly protective decision in "Tinker," the Supreme Court has gradually narrowed the scope of student free speech rights. Examines the development of First Amendment rights in public schools, in particular those of high school journalists. Argues that the "Hazelwood" decision is flawed in several respects. Notes some potential solutions to the censorship problems resulting from the "Hazelwood" decision. (Contains 204 footnotes.) (MLF)…

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