(1976). Free Speech at the University of Kansas. College English, 37, 5, 523-5, Jan 76. …
(1986). Solicitation on Campus: Free Speech or Commercialization?. Journal of College Student Personnel, v27 n1 p49-53 Jan. The issue of whether the First Amendments right to freedom of speech applies to commercial vendors on campuses as it does to nonprofit solicitation is addressed and guidelines provided. Banning commercial solicitation from residence halls, but allowing it on a limited basis in campus centers is recommended. (Author/ABB)…
(1982). Postsecondary Faculty Members' Rights of Free Speech. Journal of College and University Law, v9 n1 p85-99 1982-83. A guide is presented for faculty members and administrators about circumstances in which faculty may speak freely on issues and what procedural safeguards are applicable when disciplinary actions are contemplated. Issues of contracts, interests conflicting with the state's, tests for violation of First Amendment rights, defenses, and remedies are considered. (MSE)…
(1995). Protecting Free Speech Is Worth the Cost. Educational Record, v76 n2-3 p32-34 Spr-Sum. Events at Trenton State University (New Jersey) in 1993, marked by controversy and anger over a speech made at a public college, are chronicled and observations about the context of the events are made, focusing on the role of media coverage, administrative leadership, and institutional policies and procedures. (MSE)…
(1994). Public School Administrators and Free Speech Protection. Journal of Law and Education, v23 n2 p167-89 Spr. In "Kinsey," a fired superintendent claimed a violation of free expression and association rights by his employing board of education. Examines similar cases and contends that public defiance or disloyalty by a principal or superintendent exceeds the tacit limits of intra-administrative disagreement. (108 footnotes) (MLF)…
(2001). "Zero Tolerance" for Free Speech. Journal of Law and Education, v30 n2 p365-73 Apr. Argues that school policies of "zero tolerance" of threatening speech may violate a student's First Amendment right to freedom of expression if speech is less than a "true threat." Suggests a two-step analysis to determine if student speech is a "true threat." (PKP)…
(2011). Defending Academic Freedom in the Age of Garcetti. Academe, v97 n1 p18-21 Jan-Feb. As the 2006 Supreme Court decision in "Garcetti v. Ceballos" continues to reverberate in academe, the best way for faculty members to defend their academic freedom is not through the courts but through clear university policies. A promising alternative to the First Amendment approach is to follow the example of private universities in defining academic freedom as a professional standard embodied in university policies. Courts have said that administrators at public universities may penalize faculty speech, not that they must do so. Indeed, the Supreme Court recommended in "Garcetti" that government employers who wish to protect employees' free speech should enact regulations for that purpose. In the 2009 report "Protecting an Independent Faculty Voice: Academic Freedom after Garcetti v. Ceballos," an American Association of University Professors (AAUP) subcommittee suggested three versions of model post-"Garcetti" academic freedom language to… [Direct]
(2009). Student Dress Codes and Uniforms. Research Brief. Education Partnerships, Inc. According to an Education Commission of the States "Policy Report", research on the effects of dress code and school uniform policies is inconclusive and mixed. Some researchers find positive effects; others claim no effects or only perceived effects. While no state has legislatively mandated the wearing of school uniforms, 28 states and the District of Columbia have enacted laws addressing school attire. (ERIC Clearinghouse on Educational Management, Fall 2002). Recent challenges have focused on the chilling effect that dress codes have on free speech (e.g., the expression or religious or political ideas) or the burdens that new dress requirements, particularly uniforms, place on poor parents who cannot afford to bring their children into compliance. Also, some parents and legal authorities claim that when students either are sent home or placed in isolation because of dress code violations, it has a negative effect on their educational opportunity and ultimate… [PDF]
(1985). What Is the Status of Free Speech in America?. Update on Law-Related Education, v9 n2 p10-13,29-30 Spr. Supreme Court rulings of the last five years regarding freedom of speech are examined. There have been a wide range and variety of free speech developments during this period. (RM)…
(2019). Democratic Discord in Schools: Cases and Commentaries in Educational Ethics. Harvard Education Press Teaching in a democracy is challenging and filled with dilemmas that have no easy answers. For example, how do educators meet their responsibilities of teaching civic norms and dispositions while remaining nonpartisan? "Democratic Discord in Schools" features eight normative cases of complex dilemmas drawn from real events designed to help educators practice the type of collaborative problem solving and civil discourse needed to meet these challenges of democratic education. Each of the cases also features a set of six commentaries written by a diverse array of scholars, educators, policy makers, students, and activists with a range of political views to spark reflection and conversation. Drawing on research and methods developed in the Justice in Schools project at the Harvard Graduate School of Education (HGSE), "Democratic Discord in Schools" provides the tools that allow educators and others to practice the deliberative skills they need in order to find… [Direct]
(1997). Libraries and the Internet, Part I: Some Constitutional Background. Illinois Libraries, v79 n4 p159-60 Fall. The availability of Internet access in public libraries has raised concerns about free speech rights and library liabilities. This article, part one in a three part series, examines the constitutional background for free speech and Internet provision, defining "speech" and highlighting limitations to free speech and court analysis of speech regulations. (PEN)…
(2008). Ethical Issues for an Editorial Board: "Kairaranga". Kairaranga, v9 n2 p47-51. With academic journals, we think of the ethical aspects of the research contained in the articles rather than with the journal itself. However, journal editing has its own set of ethical concerns, which this article addresses. One is ensuring that the anonymity of institutions and participants, in research and the reporting of practice, is preserved. Another is to ensure a clear separation between "owner" of the journal and the editorial judgement, so that editorial independence is preserved. This defence of free speech is especially important when a journal, its editorial board and contributors, are variously associated with a government agency or Board of Trustees. (Contains 1 footnote.)… [PDF]
(2008). Student Bullying and Harassment in a Cyberage: The Legal Ambiguity of Disciplining Students for Cyberbullying. International Journal of Educational Reform, v17 n2 p92-106 Spr. This article details the growth of student-based cyberbullying in the United States. The article argues that the current legal limbo of student speech issues originating in cyberspace has unfortunately led to inconsistent lower court decisions that continue to confuse as well as frustrate today's educators and parents who are required to confront student-based cyberbullying issues. The U.S. Supreme Court's 2007 decision in \Morse v. Frederick,\ the Court's most recent student free speech case, symbolizes a missed opportunity by the United States' highest court to develop clearer legal guidelines involving the regulation of student's off-campus speech and expression–namely, student cyberspeech. (Contains 1 table and 59 notes.)… [Direct]
(2008). Gender, Education, Extremism and Security. Compare: A Journal of Comparative Education, v38 n5 p611-625 Oct. This paper examines the complex relationships between gender, education, extremism and security. After defining extremism and fundamentalism, it looks first at the relationship of gender to violence generally, before looking specifically at how this plays out in more extremist violence and terrorism. Religious fundamentalism is also shown to have gendered concerns. The paper concludes with drawing together the educational implications of these analyses, arguing for a politicised education to promote both national and personal security. Five components are proposed: acceptance of ambiguity rather than absolutism and single truths; a secular basis in human rights; breaking down \otherness\; reconciliation rather than revenge; and free speech and humour. (Contains 1 table.)… [Direct]
(2007). Supreme Court Update: The Free Speech Rights of Students in the United States Post "Morse v. Frederick". Education and the Law, v19 n3-4 p245-253 Sep. Enshrined in the First Amendment as part of the Bill of Rights that was added to the then 4 year old US Constitution in 1791, it should be no surprise that freedom of speech may be perhaps the most cherished right of Americans. If anything, freedom of speech, which is properly treated as a fundamental human right for children, certainly stands out as one of the rights of which Americans are most aware. As important as free speech is to Americans, it is something of a surprise that the Supreme Court did not address its first case involving the free speech rights of students until its 1969 landmark decision in "Tinker v. Des Moines Independent Community School District" ("Tinker"). In "Tinker" the Court recognized that the standard that it developed in "Schenck v. United States" ("Schenck"), a dispute involving national security in the wake of World War I, did not work well for schools. In the almost 40 years since "Tinker", a… [Direct]