Bibliography: Free Speech (Part 26 of 62)

Travis, Jon E. (2000). Censorship in Higher Education: Is the Public Forum at Risk?. Community College Journal of Research and Practice, v24 n10 p809-821 Dec. States that, on the public campus, students, faculty, and administrators have the right to speak and to hear a wide range of opinions, even those that may be unpopular. Defines free speech, presents information on related case law, and includes a quiz devised to have the reader evaluate the legality of 25 administrative actions related to free speech. (Contains 43 references.) (PGS)…

DeMitchell, Todd; Stipetic, Joan (1995). The Superintendent, the School Board, and Free Speech: A Question of Loyalty. Clearing House, v68 n6 p367-71 Jul-Aug. Discusses issues regarding the superintendent, the school board, and free speech as raised in the case of Kinsey v. Salado Independent School District. Discuss the three different judgments in this case as it went through appeals, and their differing views of this relationship. (SR)…

Ross, Andrew (2011). Human Rights, Academic Freedom, and Offshore Academics. Academe, v97 n1 p14-17 Jan-Feb. Despite the carnage wrought on higher education by the Great Recession, evidence persists that the sector is still host to a speculator psychology. One example is the unabated stampede to set up branches and programs overseas. Colleges have many reasons to go offshore: (1) to reduce costs; (2) to build their "brands" in "emerging markets"; and (3) to spread their assets. Some have even been driven by genuine faculty interest in international education. But the rush to respond to lucrative offers from local governments, especially in China and the Gulf states, has all the hallmarks of high-risk investment. In the corporate world, casualties of overseas joint ventures are legion. It should be no surprise that several universities have crashed and withdrawn from this line of business: a major recent example is Michigan State University, which in July abandoned its Dubai campus. Nonetheless, the long-term prognosis for such ventures is rosy. According to analysts of… [Direct]

Varlotta, Lori E. (1997). Invoking a University's Mission Statement to Promote Diversity, Civility, and Free Speech. NASPA Journal, v34 n2 p123-33 Win. Explores the debate on diversity, clarifying how the positive effects of diversity activities outweigh potential problems. Explains the role of student affairs administrators in using the university mission statement to concurrently promote diversity, civility, and free speech. Describes the First Amendment as setting minimum parameters for university culture. (RJM)…

Cornwell, Nancy; Orbe, Mark P.; Warren, Kiesha (1999). Hate Speech/Free Speech: Using Feminist Perspectives To Foster On-Campus Dialogue. Journal of Intergroup Relations, v26 n1 p3-17 Spr. Explores the complex issues inherent in the tension between hate speech and free speech, focusing on the phenomenon of hate speech on college campuses. Describes the challenges to hate speech made by critical race theorists and explains how a feminist critique can reorient the parameters of hate speech. (SLD)…

Hall, H. L.; Wilson, Bradley (1998). The Internet: The Battle Continues. Organizations Join together to Support Free Speech. Communication: Journalism Education Today, v31 n4 p8-9 Sum. Reports on continuing efforts to block free access to the Internet, and describes how several national organizations have formed an alliance to support free speech on the Internet. Includes the Internet Free Expression Alliance's mission statement and URLs for seven organizations that provide information on this issue. (SR)…

Bernheim, Emily (1986). Free Speech for Public Employees: The Supreme Court Strikes a New Balance. School Law Bulletin, v17 n1 p8-17 Win. In "Connick vs. Myers" the Supreme Court applied a threshold requirement to an employee's First Amendment protection of free speech: speech must be related to public concerns as determined by the content, form, and context of a given statement. Discusses applications of this decision to lower court cases. (MLF)…

Villanueva, Margaret A. (1996). Ethnic Slurs or Free Speech? Politics of Representation in a Student Newspaper. Anthropology & Education Quarterly, v27 n2 p168-85 Jun. The conflict between free speech and ethnic slurs in a university newspaper is examined, and a critical reading of the student press is presented through the cultural anthropology of representation and critical legal theory. It is suggested that student action and institutional response can be successful alternative actions to litigation in court. (MMU)…

Shea, Christopher (1995). Stanford Anti-Harassment Policy Violates Rights of Free Speech, Cal. Judge Rules. Chronicle of Higher Education, v41 n26 pA32 Mar 10. A California superior court struck down a Stanford University antiharassment policy, saying that it restricted students' free-speech rights. The policy had banned face-to-face insults that stigmatize students on the basis of such things as race, sex, or religion. California law requires private colleges to grant students the same constitutional protections as public institutions. (MSE)…

Lines, Patricia; And Others (1983). Teachers' Rights to Free Speech and Academic Freedom. Issuegram 37. Teachers have the same rights as others, under the first amendment, to express their views outside the classroom. Inside the classroom, however, the teacher is obliged to meet the expectations of the job, and this implies reasonable restrictions on the expression of private views. United States Supreme Court cases have reviewed the teacher's right to express views outside the classroom. Only a few lower courts have explored the protection extended to a teacher in the classroom. Most states leave issues involving teachers' first amendment rights and academic freedom to local school or university officials. Specific principles have emerged from Supreme Court decisions on teachers' first amendment rights. Teachers are free to speak out on public issues. Teachers are entitled to constitutional protection of privately expressed views. Teachers have a right to freedom of association. An unsatisfactory teacher may be discharged, so long as the discharge is based upon factors other than the… [PDF]

Flygare, Thomas J. (1978). The Free Speech Rights of Teachers: Public v. Private Expression. Phi Delta Kappan, v60 n3 p242-43 Nov 1978, Nov78. Unlike earlier cases, in Givhan the Supreme Court has accepted for consideration a case in which a teacher was dismissed for private rather than public speech. (IRT)…

Wilson, Robin (1989). Colleges' Anti-Harassment Policies Bring Controversy over Free-Speech Issues. Chronicle of Higher Education, v36 n5 pA1,38-39 Oct 4. Institutions that have adopted anti-harassment plans have taken one of two approaches: some penalize students for verbally or physically attacking other students, while others prohibit students from engaging in any kind of offensive behavior, regardless of whether it is directed at an individual. (MLW)…

Hiers, Richard H. (1995). New Restrictions on Academic Free Speech: Jeffries v. Harleston II. Journal of College and University Law, v22 n2 p217-79 Fall. Two sets of Supreme Court cases are examined and their links discussed in the context of the recent Jeffries v. Harleston court case concerning the City College of New York. The first pertains to and reflects general protection of academic freedom in public colleges and universities; the second concerns speech rights of public school teachers and other public employees. (MSE)…

DeMitchell, Todd A. (1996). Speech and Religion at the Margin. "Rosenberger v. University of Virginia.". International Journal of Educational Reform, v5 n2 p229-36 Apr. In "Rosenberger versus University of Virginia," the U.S. Supreme Court held that the university violated students' free speech rights by withholding financial support for a student publication, based on its religious orientation. This case explored the intersection of two powerful constitutional protections–free speech and the Establishment Clause. The split decision failed to address how much assistance the state can give religion. (18 references) (MLH)…

Beezer, Bruce (1989). U.S. Supreme Court Decisions in Bethel and Hazelwood: Is the Pig in the Parlor Gone?. The "pig in the parlor" refers to a growing area of censorship. In this paper, "parlor" stands for public schools, and "pig" for speech that need not be protected if it occurs at an inappropriate time or place, i.e., if such speech is not considered to bear the "imprimatur" of the schools. A review of the U.S. Supreme Court decisions affords insight into the meaning of free speech as a democratic value in the context of the public school setting. This review of Court cases focuses on: (1) a brief overview of the law governing free speech; (2) specific legal concepts pertinent to free speech in the context of the public schools; (3) a discussion of two recent Supreme Court decisions on free speech in schools and subsequent lower court decisions; and (4) some general conclusions concerning issues related to the conference's theme of "Ethics and Democratic Values in the Education Profession." The two cases discussed are the "Bethel…

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