(1985). To Solicit or Not Solicit–That Is the Question: Issues and Guidelines for the College Administrator Concerned with Solicitation on the College Campus. Legal opinion and case law concerning door-to-door solicitation in student residence halls and other campus facilities are discussed in order to assist administrators in policy development and review. Conclusions include the following: colleges' regulation of solicitation is limited by First Amendment free speech guarantees; in deciding what areas of the campus are "public forums" and covered by the First Amendment, administrators should consider the purpose and character of the area and its patterns of activity; solicitation that constitutes a "clear and present danger" to individuals is not protected by the First Amendment; regulations that attempt to limit solicitation should be narrow in scope and as specific as possible; false or deceptive commercial solicitation can be regulated by colleges; solicitation may be regulated on campus according to the reasonable time, manner, and place concept; while solicitation can be prohibited in academic and administrative…
(1982). Collective Negotiations in Education and the First Amendment. Application by the courts of First Amendment rights to collective negotiations in education are examined in this article. This fourteenth chapter in a book on school law is divided into three sections: freedom of association, free speech, and the right to petition. Regarding freedom of association, the courts have found that the First Amendment does not prescribe collective bargaining in the absence of a statute requiring a public employer to negotiate collectively. In several cases, however, courts have held that public employees have the right to organize into labor organizations and to choose their own bargaining representatives. Unions have no right to require employers to grant dues-checkoff privileges. Moreover, most court decisions support the right of a school board to deny minority unions access to a district's internal communiction system. Regarding freedom of speech, courts have held that First Amendment rights are violated by restraining teachers from commenting on…
(1980). A Survey of Student Rights in a Public and Alternative High School. An inner-city alternative high school in Chicago was established for older black teenagers who had dropped out or did not wish to attend public schools. Alternative high school students (N=100) were surveyed to compare their opinions on student rights with those of black inner-city public high school students (N=200) obtained in an earlier study. The survey examined attitudes toward freedom of speech, due process of law, misconduct and discipline, vague regulations and dress code, and student governance. The more conservative alternative students rejected the use of free speech and abusive language at a higher percentage than public school students. Alternative school students were more aware of due process rights, favored a disciplined school atmosphere and student governance, and rejected search and seizure procedures. Compared to public school students, the alternative school students reported neutral attitudes toward dress and hair styles, and more strongly rejected the selling…
(1968). The Trojan Horse in American Education. Although violent demonstrations have occurred at only a few universities, moves toward direct confrontati"n with authority seen as repressive or hypocritical could take place at any college in the country. Part of the cause is the students' desire for national notoriety which TV affords. The growth of Students for a Democratic Society (SDS) also constitutes a formidable threat to campus peace. The worst disruptions have occurred at the most liberal institutions where there is a heavy reliance on a mistaken theory of liberalism that does not distinguish between belief and behavior, and thus does not meet violations of due process with appropriate sanctions. Condoning lawless behavior often provokes further lawlessness and is indicative of faculty and administrative cowardice. Recent incidents at the University of Colorado and Columbia University indicate the extent to which flagrant misconduct is tolerated and the concepts of free speech and academic freedom misconstrued. A… [PDF]
(1968). The Potential Activist and his Perception of the University. In a freshman survey at three University of California campuses, it was noted that freshmen who responded most favorabley on an attitude question concerning a well-publicized activist movement, the Berkely Free Speech Movement (FSM), were much like the demonstrators themselves when compared on a wide range of psychological scales. On issues closely tied to campus life, those reacting favorably to the FSM exceeded their peers in sympathy for the promotion of faculty on the basis of teaching, opposition to loyalty oaths, and greater student involvement in university policy. Personality test data concerning independence of judgment suggest that the potential activists had already attained a way of thinking which reflected freedom and emancipation. Environmentally, the potential activists prefer a situation where they set their own tasks and work independently, and where they have informal access to the staff. Their counterparts prefer traditional classroom organization. The survey… [PDF]
(1977). The Validity of Various Techniques Measuring Children's Bilingualism. Working Papers on Bilingualism, No. 13. Data on language competence and language use were obtained for 99 Spanish/English bilingual elementary school children (kindergarten through fourth grade) from Albuquerque. The children's language skills were assessed by teachers, interviewers, and the children themselves. The teachers and the children also estimated the extent to which the children used Spanish and English in various settings of the home, the neighborhood and the school. As more objective measures of the children's language skills, they performed three tasks–word naming, sentence repetition, and free speech. The relationships among the various measurement techniques were analyzed. The three tasks were well interrelated and were thought to measure the same skills. The relationship between language use and language skill ratings was generally not very strong, both in the case of the children and the teachers. Only a few of the language use variables were found useful in the prediction of the children's performance…
(2003). Teachers and the Law. Sixth Edition. This book is about teachers and the laws that affect them. New to this sixth edition are new court cases and a chapter that highlights likely controversies in the coming years, including school choice, high-stakes testing, control of the Internet, and gang clothing. The book is divided into two parts. Part I, \The Legal Aspects of Teaching,\ addresses questions related to teacher contracts, dismissals, tenure, collective bargaining, liability, child abuse, defamation, and copyright laws. Part II, \Teachers' and Students' Rights,\ explores legal issues related to the scope and limits of personal freedom of expression, covering such topics as religion and conscience, personal appearance, due process, privacy, homeschooling, bilingual and multicultural education, student records, sex and racial discrimination, free speech, and academic freedom. The book follows a question-and-answer format. Most of the questions and answers are based on reported court cases. Each chapter begins with an…
(2000). The Knowledge of Legal Issues Needed by Teachers and Student Teachers. For public school student teachers and teachers, many situations can result in judicial proceedings. Educators must understand requirements mandated upon them by the country's courts and legislatures. Student teachers must learn about the numerous legal issues possible in order to protect themselves against becoming involved in court cases. The number of lawsuits in education is on the rise. Research shows that teachers consider legal issues the third most essential area of teacher preparation. However, few teacher preparation programs offer undergraduate courses in educational law, and few studies detail legal issues that student teachers must know. This article summarizes common situations that occur in schools and related legislation, including: the Fourteenth Amendment, which provides equal protection of the law or due process; the First Amendment, which protects the right of free speech, freedom of religion, the right to assemble, and prohibition of establishment of a religion… [PDF]
(2000). Libraries, the First Amendment and Cyberspace: What You Need To Know. Intended to be a practical guide to the issues that arise under the First Amendment for libraries that provide public access to the Internet, this book contains the following chapters: (1) "Questions and Answers about the First Amendment: Sex, Lies, and Cyberspace"; (2) "Basic First Amendment Principles and Their Application to Libraries"; (3) "The Sexual Conundrum"; (4) "The Right To Offend"; (5) "Religious Motivations and Library Use"; (6) "Just between You and Your Librarian–Library Confidentiality Laws"; (7) "Workplace Issues: Employee Free Speech and Harassment"; (8) "Children, Schools, and the First Amendment"; and (9) "Cyberspace–The Last Frontier." Appendices include: The "Library Bill of Rights" and its interpretations; guidelines for the development and implementation of policies, regulations, and procedures affecting access to library materials, services, and facilities;…
(1989). Freedom of Speech as Protected by the States: A Review of Late Nineteenth and Early Twentieth Century State Court Decisions. While some analysts have asserted that the First Amendment was intended to prohibit laws against seditious libel (speech overtly critical of the government), the judicial record reveals a willingness to tolerate some onerous infringements on free expression. In the late 19th and early 20th centuries, 25 states passed "sedition" or "criminal syndicalism" laws, which criminalized anti-government expression. Local ordinances designed to protect public health and safety were also employed in the suppression of speech. Not until the 1925 case of Gitlow v. New York was the First Amendment applied to the states via the Fourteenth Amendment. During this period, state courts also resisted free speech challenges to the sedition laws, as state constitutions offered even less protection for speech than did the First Amendment. Judicial participation in speech suppression challenges the traditional view of the Supreme Court as protector of rights. Today, the First Amendment… [PDF]
(1987). America's Conscience: The Constitution in Our Daily Life. An Educational Program on the Constitutional Guarantees Provided to Every American. Twenty activities and seven educational objectives help teachers inform students of their rights as citizens. Each objective is demonstrated through the use of one or more activities that help students experience the learning for themselves. Each activity consists of teaching procedures and student handouts. Section 1 is an examination of the Bill of Rights. Activities 1 through 3 define rights and give an overview of the Bill of Rights. Activity 4 discusses important U.S. Supreme Court decisions supporting constitutionally guaranteed rights. Religious freedom is the focus of activities 5 and 6, and activity 7 explores the rights of free speech. Activity 8 examines the balance between the public's right to know and other interests through a discussion of court cases pertaining to freedom of the press. The rights of peaceful assembly and demonstration are discussed in activity 9. Activities 10 and 11 look at the rights of the accused, emphasizing the protection against…
(1983). Legal Aspects–A Reduction in Force. Discussion Group #18. Since employee salaries and fringe benefits make up the major part of school budgets, any reduction in budgets must be accomplished by reducing personnel. Concentrating on Oklahoma, but citing legal decisions in other states as well, a legal summary is presented for reduction in force when funds are unavailable to complete a school budget. As in most situations, good faith is the key looked at by the courts. School boards must have a reasonable plan or policy to accomplish reduction in force. The grounds to attack a reduction in force layoff are (1) that the decision to terminate was arbitrary or (2) that the reason for termination was constitutionally impermissible (termination because of the teacher's free speech, religion, race, or association). Tenured teachers have a right to keep their positions over other nontenured teachers hired to fill the same position. However, a tenured teacher can be released when the position is being eliminated as part of a change in the academic…
(1983). School Law Primer for New Board Members. School board members from 50 states have in common the United States Constitution and the legal principles announced by the federal courts in response to that Constitution. New board members are usually concerned with the rights of teachers, parents, and students. Starting with student rights, student conduct that involves freedom of expression may not arbitrarily be restricted unless there is definite and substantial disruption of school activity. Students are entitled to a fair system of hearings in the area of suspension and expulsion. Any library books that are removed must be shown to be either \pervasively vulgar\ or \educationally unsuitable.\ Key principles regarding teachers' rights are that teachers have the right of free speech and there must be a showing of actual and significant disruption of the employment or classroom atmosphere for a teacher to be dismissed or disciplined. Parents of handicapped students are entitled to be informed of their child's educational…
(1980). The Contribution of Jayaprakash Narayan in Preserving Free Expression in India. India's policy of free speech suffered a severe if temporary setback in the 1970s. Prime Minister Indira Gandhi declared a 19-month state of emergency, during which 150,000 people were arrested, newspapers were censored, and dissent was essentially eliminated. A central figure in the confrontation with the Indian government over political suppression before and during the emergency was Jayaprakash Narayan, an outspoken advocate of socialism and a movement to create a classless society. Convinced that Gandhi's government was incapable of achieving the change he felt necessary, in 1973 he urged a peaceful struggle against hunger, unemployment and ignorance. In 1975, when Gandhi was accused of using government employees to aid her election campaign, Narayan tried to topple her government through mass civil disobedience. He was imprisoned in the ensuing emergency, having precipitated the very suppression he feared. He continued his opposition in prison until he was released because of a… [PDF]
(1978). A Comparison of News and Editorial Coverage of Speech and Press Decisions of the Supreme Court. To determine whether newspapers are equally responsive to threats to freedom of speech and to freedom of the press, the news and editorial coverage by ten daily newspapers of 40 United States Supreme Court decisions concerning free expression was analyzed. The 20 free-press and 20 free-speech cases were randomly selected from over 70 free-expression decisions filed by the Court from 1966 to 1975. The speech cases concerned the right of individuals to communicate directly with other individuals through speech, signs, symbols, or leaflets. The press cases dealt with the right to communicate indirectly using a form of mass communication. Newspaper stories were examined for three days and editorials for ten days after the decisions had been filed. The ten newspapers combined gave significantly greater coverage to the press decisions, reporting them 85% of the time as opposed to 60% of the time for speech cases. Press decisions were mentioned in headlines 65% of the time, compared to 25%… [PDF]