(1980). Intellectual Freedom in the Public Schools: An Assessment of "Tinker" and Its Progeny, 1969-1979. In 1969, in "Tinker v. Des Moines," the Supreme Court declared that both students and teachers were entitled to exercise their constitutional rights while in school. The purpose of this dissertation was to discover whether the propositions and the philosophy of "Tinker" have been used by state and federal courts to support intellectual freedom in the schools. The first two chapters survey various interpretations of the purpose and importance of free speech and examine the importance of intellectual freedom for education in a democratic society. Against this background, cases involving issues of intellectual freedom for teachers and students in public schools are then analyzed. Consideration is given to how the courts have balanced the preferred right of free speech with the unique needs and purposes of public schools. It is concluded that the major importance of the Tinker case has been its recognition and reassertion of a philosophy that respects children's… [PDF]
(1970). Dissent and Discipline in Secondary Schools. Course Materials. This collection of eight articles focuses primarily on the nature and extent of legal involvement in secondary school dissent and discipline. In the first article, the problem of school decentralization is viewed in terms of the conflicts which it creates. Another article presents the relevant legal decisions which aid in clarifying just what is included in the concept of constitutionally protected free speech. In three related articles, the following areas are dealt with: (1) the significance of the Tinker vs. Des Moines Schools decision (the black arm-band case) in expanding the applicability of constitutional free speech guarantees to the public school setting; (2) three constitutional theories under which the validity of public school regulations of students' hair styles may be attacked; and (3) the test of reasonableness as applied to long hair bans in public schools. In contrast to the dominant current focus, a lengthy article concerns itself with the non-constitutional limits…
(1986). The First Amendment and School Employees: A Practical Management Guide. How to Prevent the First Amendment Case–Suggested Actions and Forms Applying the First Amendment Standards to the School Environment. This guide reviews legal standards inherent in the First Amendment and recommends management techniques that ensure employees' free speech rights while maintaining school efficiency. Section 1, "Introduction," presents an overview of the trend toward litigation in which public employees allege that school officials have violated First Amendment rights. "The First Amendment Standards in School Employment," section 2, applies Supreme Court holdings to the school environment. Section 3,"The Usual First Amendment Case," explores the reasons employees normally sue–perceived unfair or undignified treatment. "Preventing the First Amendment Case," section 4, recommends that officials avoid circumstances that lead to lawsuits. The section investigates leadership, employees' rights, evaluation and documentation, and the grievance process. Section 5, "Potential First Amendment Pitfalls," evaluates problem areas in management decisions,…
(1992). Student Expression: The First Amendment Does Not Protect Everything. (Student Newspapers, Handouts, Protests, Gangs, and Hate Speech). The U.S. Supreme Court decision in "Hazelwood School District v. Kuhlmeier" established that a public high school newspaper, produced by students in a journalism class, is not a forum for public expression. The Court said that although school board policy specified that student free speech would not be restricted, other factors concerning the newspaper's publication made oversight by the principal allowable. This decision established educators' right to exercise editorial control over school-sponsored publications as long as the actions served legitimate teaching concerns. In "Tinker v. Des Moines Independent School District," the Court established that schools may punish student expression only when it substantially disrupts school activities. Two cases, "Rivera v. East Otero School District" and "Hemery v. School Board of Colorado Springs," defined how schools may regulate the distribution of religious materials. The Eugene, Oregon, school… [PDF]
(1998). The Interdependency of Fair Use and the First Amendment. The backlash against public access to information, coupled with misinterpretations of the relationship between fair use and the First Amendment, not only threaten educators' ability to access information for educational purposes, but create roadblocks for the public's constitutionally supported right to participate in democratic dialogue. The result is that all educators, particularly those who teach in networked classrooms, could face much greater restrictions to the information that provides the basis for learning simply because they choose the Internet as a means of access. The 1976 Copyright Act established that the "fair use" of copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research is not an infringement of copyright. The First Amendment's free speech protections ensure the free flow of information, but the copyright clause provides a limited yet exclusive statutory monopoly to authors, which allows them to… [PDF]
(2005). Progression of Language Complexity during Treatment with the Lidcombe Program for Early Stuttering Intervention. American Journal of Speech-Language Pathology, v14 n3 p242-253 Aug. The Lidcombe Program is an operant treatment for early stuttering. Outcomes indicate that the program is effective; however, the underlying mechanisms leading to a successful reduction of stuttering remain unknown. The purpose of this study was to determine whether fluency achieved with the Lidcombe Program was accompanied by concomitant reduction of utterance length and decreases in linguistic complexity. Standardized language tests were administered pretreatment to 4 male preschool children. Spontaneous language samples were taken 2 weeks prior to treatment, at Weeks 1, 4, 8, and 12 during treatment, and 6 months after the onset of treatment. Samples were analyzed for mean length of utterance (MLU), percentage of simple and complex sentences, number of different words (NDW), and percentage of syllables stuttered. Analysis revealed that all participants presented with language skills in the average and above average range. The children achieved an increase in stutter-free speech… [Direct]
(1994). Stifled Laughter: One Woman's Story about Fighting Censorship. Part memoir, part courtroom drama, part primer for fighting assaults on free speech, this book narrates a 5-year-long federal battle which began in 1986 to reinstate several literary classics to the reading list of a public high school in Lake City, Florida. The book recounts how the superintendent, the local school board, and several religious fundamentalist preachers agreed to ban Aristophanes'"Lysistrata" and Chaucer's "The Miller's Tale" from the high school's classrooms, despite the objections of English teachers and other citizens–the volume in question was part of a Heath humanities series, had passed the state evaluation procedure, and had been used since 1980. Relating how the issue was taken to several courts, from the United States District Court, to the Court of Appeals, the book quotes dialogue from school board meetings and courtroom testimony to show how several citizens, supported by the ACLU, refused to give in to the more repressive elements in…
(1978). Children's Use of a Second Language in the Classroom: A Contrastive Analysis of Discourse. Lektos: Interdisciplinary Working Papers in Language Sciences, Vol. 3, No. 1. Linguistic and pedagogical considerations about children's use of a second language in the classroom are discussed with reference to samples of speech obtained from ten to twelve year old children in Germany. The children had been taught the second language of English. The speech is examined in relation to functional and sociolinguistic criteria of discourse analysis. Speech is analyzed as a series of three transactions: the first two transactions are mixed informing and eliciting transactions, and the third is a directing transaction. Classroom discourse in which the students' speech behavior is tightly controlled by the teacher and free speech in the classroom are both analyzed. A German version of classroom discourse is contrasted with an English one. Language functions are viewed as integrated into a model of communicative competence. Two texts are discussed that are meant to show how children play the roles of adults. Pragmalinguistic and sociolinguistic analyses of the English…
(2009). Professors' Freedoms under Assault in the Courts. Chronicle of Higher Education, v55 n25 pA1 Feb. Recent court rulings have challenged the long-held concept of academic freedom for faculty members. As an associate professor of mechanical engineering at the University of Wisconsin at Milwaukee, Kevin J. Renken says he felt obliged to speak out about his belief that administrators there were mishandling a National Science Foundation grant to him and several colleagues. When the university subsequently reduced his pay and returned the grant, he sued, alleging illegal retaliation. Because he is a tenured faculty member, and he viewed the public university's use of public funds as a matter of public interest, Mr. Renken felt his complaints qualified as legally protected free speech. However, the U.S. Court of Appeals for the Seventh Circuit ruled last September, that Mr. Renken's statements about the grants were not legally protected speech because he made them as a public-college professor and they related to his job. In order for a public employee to raise a successful First… [Direct]
(1986). Free Speech vs. Free Enterprise: The Public Policy Clash between the First Amendment and the Right of Publicity. Intended to help clarify issues surrounding the right of publicity (protection against the unauthorized commercial appropriation of a person's name, likeness, achievements or characteristics), this paper provides explanations of how the right developed, what it protects, how it has been applied in various jurisdictions around the country, and the issues raised by these decisions. The report also proposes guidelines to provide solutions for conflicting public policy issues. Following a brief introduction, posing some of the questions generated by the right of publicity, the report is divided into the following sections: (1) development of the right of publicity (historical development, public policy rationale, publicity's development from privacy, and public policy rationale for the right of publicity); (2) scope of the right of publicity (personal characteristics protected by the right, individuals protected by the right, duration of the right, and jurisdictional considerations);…
(1971). Zu einigen Fragen der Sprechleistung in freier monologischer Rede (On Various Questions of Language Skill in Free Speech). Deutsch als Fremdsprache, 8, 1, 30-34, 71. …
(2002). Free Speech in Private Universities: The Marketplace of Ideas vs. the Market: An Examination of Keady v. Nike. Journal of College and University Law, v28 n3 p663-85. Examines the civil rights claims raised by a university coach claiming he was forced to resign because he refused to wear contracted Nike apparel. Explores the state of the law regarding restrictions on private employers' control of employees' political activities, and asserts that to make up for the lack of legal protection, employers should voluntarily give employees this freedom. (EV)…
(2006). The Culture Wars Come to Campus–Again. College and University, v81 n2 p43-44 Fall. As primary contributors to the marketplace of ideas, colleges and universities have historically been the locus of contention for the worldviews of the left and right. Debate has become more heated in recent years, fueled by the war in Iraq and the renewed prominence of moral issues such as reproductive rights and same-sex marriage. In this environment, some conservative groups are crying foul on the nation's campuses, charging that pervasive liberalism in academe creates a hostile environment for free and fair exchange, particularly for right-leaning students. These interests have focused their attention and efforts on three primary fronts: (1) Academic Bill of Rights; (2) Tenure and Faculty Free Speech Rights; and (3) Political Speech Outside the Classroom…. [Direct]
(2005). Academic Freedom in America after 9/11. Thought & Action, p119-131 Fall. College campuses around the country reacted to the September 11, 2001, terrorist acts with rallies, vigils, discussions, and a wide range of debates about the causes and cures for terrorism. Yet the story told about academia in the media was often quite different. Conservatives claimed that the reaction to 9/11 in academia was another example of "political correctness" run amuck. This article discusses the issue of free speech on academic campuses nationwide…. [Direct]
(2000). Civil Disobedience. Bill of Rights in Action, v16 n3 Spr. This theme issue looks at three historical and recent instances of civil disobedience. The first article examines the Free Speech Movement, which arose on the Berkeley campus of the University of California in the 1960s. The second article recounts the struggle of Mahatma Gandhi to free India from the British Empire. The final article explores the anti-abortion rescue movement. Each article includes questions for class discussion and writing, a further reading list, and classroom activities. (BT)… [PDF]