Bibliography: Free Speech (Part 46 of 62)

Nelson, Stephhen J. (2008). A College President's Job Is to Shape a Center That Holds. Chronicle of Higher Education, v54 n30 pA37 Apr. The recent resignation and hasty departure of Gene R. Nichol as president of the College of William and Mary has prompted the usual round of speculation about the state of the college presidency. Why do certain circumstances doom well-intentioned people and their presidencies? What determines success and wards off failure? Two intertwined pressures trigger problems for many presidents. First, campuses are increasingly becoming ideological battlegrounds littered with vested, politically correct interests. Even though the conflicts have historical roots and have been occurring over the last three decades, public attention has intensified such skirmishes in recent years. That makes life in the college presidency much more contentious than in the past. Second, presidential deeds and rhetoric are more visible than they were even five years ago. There is no place to hide from the 24/7 news cycle and technological tools–i.e., alumni e-mail networks–that create the same curse and blessing… [Direct]

Ashmore, Robert W.; Herman, Brian M. (2006). Abuse in Cyberspace. School Administrator, v63 n5 p33 May. With the continued explosive growth of personalized websites, more and more public school administrators can expect to face situations in which inappropriate materials have been posted by a teacher, staff member or student. While failing to recognize employees' rights of free speech can result in legal liability, administrators also must be prepared to identify unprotected speech and determine when Internet postings are causing material disruptions or resulting in a flow of inappropriate materials into the school. In this article, based on the authors' legal representation of school districts, they suggest some approaches for dealing with such issues when they arise. In determining how to deal with such matters, consider first when websites and blogs can be legally monitored; when to actually monitor; how to notify employees of the intent to monitor; and whether any objectionable postings are legally protected or instead form a basis for discipline or discharge…. [Direct]

Dever, Richard B. (1972). A Comparison of the Results of a Revised Version of Berko's Test of Morphology With the Free Speech of Mentally Retarded Children. Journal of Speech and Hearing Research, 15, 1, 169-78, Mar 72.

(1978). Students' Rights and Responsibilities Handbook. This handbook is intended to provide students and parents with a narrative summary of their rights and responsibilities in California public schools. Implications of laws and state regulations, as well as pertinent court decisions, are presented in such areas as student behavior (including discipline, corporal punishment, and dress codes), educational opportunity (including proficiency standards, school attendance of married or pregnant students, and exclusion from school), free speech (including student independent newspapers, student representation on governing boards, religion, and student organizations), law enforcement agencies and the schools (including search and seizure), information disclosure by schools (parental information and student records), and legal restrictions on school districts and school personnel. (Author/DS)… [PDF]

Permuth, Steve; And Others (1981). The Law, the Student, and the Catholic School. Providing explanatory information regarding the legal principles and issues affecting Catholic school educators, this handbook summarizes student rights, contractual arrangements, and state and federal requirements as they apply to parochial schools. The legal issues involved in torts of negligence, including establishment and violation of educators' duties toward students, proximate cause, and injury, are discussed. A further section reviews specific topics such as discrimination, law enforcement, restraint and corporal punishment, school records, search and seizure of student property, free speech, student publications, and suspension and expulsion. Each topic is accompanied by discussion questions, hypothetical examples, and case citations. The book closes with suggestions for the development of due process policies. (JEH)… [PDF]

Trapp, Mary E. (1981). The Implications of John Hart Ely's Conceptual Framework for Interpretation of First Amendment Questions: The Continuation of Balancing in the Free Expression Arena. Examining interpretive approaches to the First Amendment free speech and press clause, this paper focuses on the conceptual framework proposed by John Hart Ely. Other First Amendment tests examined include clear and present danger, balancing, the absolute test, and A. Meiklejohn's "absolute" test. Following an analysis of Ely's First Amendment interpretation, the limitations of his tests are discussed. The "Branzburg,""Tornillo," and "Red Lion" cases are examined to demonstrate the weaknesses of those tests. The concluding section of the paper points out four problems of Ely's tests, indicating that the tests do not successfully implement the purposes of the First Amendment. (RL)…

Hudson, David L., Jr.; Williams, Charles F. (2004). McConnell v. FEC: Reforming Campaign Finance–Court Upholds Campaign Finance Act Despite First Amendment Dissents. Social Education, v68 n2 p142 Mar. In a clear-cut victory for campaign-finance reformers last December, a sharply divided U.S. Supreme Court upheld virtually the entire Bipartisan Campaign Reform Act of 2002 (BCRA). McConnell v. FEC, No. 02-1674 (slip opinion available on the web at www.supremecourtus.gov). The Court's 298-page ruling rejected the free speech and other constitutional arguments pressed by an impressive array of challengers who had filed eleven suits against the law. In relation to this subject, this article offers 3 teaching activities, suggestions for in depth research exercises, as well as questions and subjects, and comparisons to stimulate lively and thought provoking class discussions….

Goldstein, Ehab A.; Heaton, James T.; Hillman, Robert E.; Stepp, Cara E. (2007). Training Effects on Speech Production Using a Hands-Free Electromyographically Controlled Electrolarynx. Journal of Speech, Language, and Hearing Research, v50 n2 p335-351 Apr. Purpose: The \electrolarynx (EL)\ is a widely used device for alaryngeal speech, but it requires manual operation and produces voice that typically has a constant fundamental frequency. An electromyographically controlled EL (EMG-EL) was designed and implemented to provide hands-free control with dynamic pitch modulation. Method: Three participants who underwent total laryngectomy surgery and 4 participants with normal voice were trained to produce EMG-EL speech through a multiple-baseline, successive-stage protocol. Baseline performance was established through 3 testing probes, followed by multiple hour-long training sessions. Results: At the end of the training, all participants learned to initiate, sustain, and terminate EMG-EL activation in correspondence with articulation, and most were able to modulate the pitch to produce intonational contrasts. After completing the testing/training protocol, 1 of the 3 participants who underwent total laryngectomy was encouraged to… [Direct]

Horwedel, Dina M. (2006). Blogging Rights. Diverse: Issues in Higher Education, v23 n2 p28-31 Mar. Growing in popularity among students and scholars, blogs are raising issues regarding free speech at colleges and universities. The new technology offers an exchange of ideas that wasn't as spontaneous–or even possible in some remote areas–previously. A blog can allow a scientist to share research with colleagues, ponder reasons for experimental outcomes or offer suggestions and input. Bloggers often tout the medium's ability to create a worldwide forum for open expression. But it is that kind of far-reaching impact that some administrators find unsettling, especially when it comes to criticism or other speech deemed contrary to the institution's mission. Some students and faculty have been punished for such posts. But advocates of freedom of speech in higher learning insist that faculty and students should be able to express themselves freely on any topic, and that protecting this academic freedom may even be the professional responsibility of colleges and universities…. [Direct]

(1999). Proceedings of the Annual Meeting of the Association for Education in Journalism and Mass Communication (82nd, New Orleans, Louisiana, August 3-8, 1999). Communication Technology and Policy. The Communication Technology and Policy section of the Proceedings contains the following 15 papers: "The Virtual Sphere: The Internet as a Public Sphere" (Zizi Papacharissi); "Toward a Typology of Internet Users and Online Privacy Concerns" (Kim Bartel Sheehan); "Blind Spots of the Communications Decency Act Debate: A Critique of Jeffersonian Free Speech" (Misook Baek); "Telecommunications for Rural Community Development: The Effects of Community Projects on Attitudes and Adoption Among Community Members" (C. Ann Hollifield, Joseph Donnermeyer, Gwen Wolford, and Robert Agunga); "Broadening the Boundaries of Interactivity: A Concept Explication" (Spiro Kiousis); "Privacy, Security and Intellectual Property: Proprietary Interests Over the Internet" (Laurie Thomas Lee); "Examining Information Processing on the World Wide Web Using Think Aloud Protocols" (William P. Eveland, Jr. and Sharon Dunwoody); "An Online… [PDF]

Sendor, Benjamin (1996). How Free Is Teachers' Speech?. American School Board Journal, v183 n8 p16-17 Aug. In "Westbrook," a federal court recently struck down a school board policy in Wyoming that limited and channeled criticism among employees. Summarizes the judge's reasoning and concludes that the board failed to seek a balance between its legitimate interests and the basic right of school employees to speak out about matters of public interest that affect the schools. (MLF)…

Sandler, Bernice Resnick, Ed. (1995). About Women on Campus, 1995. About Women on Campus, v4 n1-4. These four newsletter issues focus on topics of interest to female students, faculty, and administrators in higher education. Each issue contains many brief reports on events, news, litigation, legislation, resources, and campus programs on sexual harassment, sexual assault, working in academe and elsewhere, women overseas, women's studies, and women in athletics. A regular column on the activities of the American Council on Education's Office of Women in Higher Education is included. Employment openings are also advertised. The winter and spring issues contain feature articles entitled "'Cybersexism' Raises New Issue to Deal with: Computer Messages vs. Free Speech" and "Women in Law School Receive Lower Grades than Men." (MDM)… [PDF]

Knevila, Kelly; Sneed, Maree (1988). "Hazelwood v. Kuhlmeier": Closing "Tinker's" Schoolhouse Gate. Inquiry & Analysis, p1-6 Nov. The resolution of free speech issues in the public school context has, until recently, involved a precarious balancing between the First Amendment rights of students and teachers and the role of public schools in inculcating students with fundamental values. This year, in "Hazelwood School District v. Kuhlmeier," the Supreme Court struck this balance in favor of school administrators. Now especially where curriculum decisions are at issue, courts will give school administrators wide discretion. Before embarking on an analysis of the "Hazelwood" decision and its implications, this article examines several of the Supreme Court cases that preceded, and to varying degrees foreshadowed, the Court's decision in "Hazelwood." (104 footnotes) (MLF)… [PDF]

Kelley, Michael P., Ed. (1977). Freedom of Speech Newsletter, Volume 3, Number 2, February 1977. Discussions collected in this newsletter include the following speeches all of which were presented at the 1976 convention of the Western States Speech Communication Association: "Where the First Amendment is Silent," a sketch of current speech rights and a prediction for the future; "Freedom of Speech in University Theatre; or, Keeping the Delicate Balance"; and "Censorship from the Left: Free Speech on Campus–under Attack." Minutes of the Freedom of Speech Interest Group meeting of 22 November 1976, news of this and other groups concerned with freedom of speech, and a statistical survey of attendance at different modules at the 1976 convention are also presented. (KS)… [PDF]

Bruzzese, Giannia (1977). English/Italian Secondary Hybridization. A Case Study of the Pidginization of a Second Language Learner's Speech. A detailed analysis of an Italian-American woman's speech is presented, and her interlanguage patterns are discussed in relation to a pidginization hypothesis. Data are presented on the following speech characteristics of the woman: free speech negatives, interrogatives, and present and past tense constructions. Her language is shown to be fossilized and also pidginized in the sense that is represents secondary hybridization. It is maintained that secondary hybridization (the interlanguage resulting from communication between second language learners and target language speakers) is legitimate pidginization. The impact that social and psychological factors played in the woman's speech when she first came to America and during the last 15 to 20 years is analyzed. (SW)…

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