Bibliography: Free Speech (Part 49 of 62)

Rothaus, Elyse, Ed.; Zachowski, Matt, Ed. (1977). Rights in Conflict; A Report on the Annual Conference of the National Coalition Against Censorship (2nd, New York City, February 16, 1977). This report details the proceedings of the second annual conference of the National Coalition Against Censorship, which was held in New York City on 16 February 1977. Among the events covered is a panel discussion of possible limitations on free speech, conducted by four experts in the field of communicatons (Peggy Charren, president of Action for Children's Television; Nat Hentoff, "Village Voice" columnist; John O'Connor, "New York Times" television critic; and Harriet Pilpel, communications lawyer). The results of group discussions which followed are summarized, as are two other sessions: the purpose and role of the National Coalition Against Censorship and arguments for regulation of "reverse censorship," a covert form of sex, race, and ethnic stereotyping. Finally, the outcome of a plenary discussion is described and a list of conference participants is given. (KS)… [PDF]

Gouran, Dennis S. (1974). Guidelines for the Analysis of Responsibility in Governmental Communication. This paper discusses specific issues involving governmental conduct in communication with the public, outlines a set of conditions that frequently stimulate social interest in governmental responsibility, and develops a corresponding set of guidelines for use in the evaluation of instances of questionable governmental conduct in communication. There are seven areas of activity in which the behavior of governmental officials historically has been subject to possible indictment as irresponsible: falsification of information released to the public, classification of documents, attempts to manage the release of news, intimidation of the news media, interference with exercise of free speech, acts of political espionage, and communication disguised as something it is not. Each of the seven areas of activity is discussed at length and for each a guideline is provided which is designed to aid in the recognition of irresponsible behavior by government officials. (RB)… [PDF]

Arellano, Sonya I.; Draper, Jean E. (1970). Relationship Between Musical Aptitudes and Second-Language Learning. Final Report. This study explores the relationships between a child's discriminatory abilities in the areas of pitch, intensity, rhythm, timbre, and tonal memory and his capacity to comprehend and speak the Spanish language. The Spanish accent is analyzed on the basis of intonation, stress, sinalepha, and phone production. These factors were tested both in isolated words and on contextual material intended to approximate the conditions of free speech. Comprehension was evaluated by means of an objective, multiple-choice listening test. The results of the investigation indicate a strong relationship between discriminatory musical abilities in pitch, intensity, rhythm, timbre, and tonal memory and in achievement of a Spanish accent. The methods, findings and analysis, and discussions and conclusions of the experiment are described in this report. Frequent use is made of statistical data in numerous tables. A bibliography and sample test materials are provided. (Author/RL)… [PDF]

Cronn-Mills, Daniel (1998). Framing the First Amendment in a Debate Format. An assignment focuses on introducing students to the complexities involved in rendering a decision concerning the First Amendment to the Constitution. During the first week of classes, students are asked to read the introductory sections to the topic-specific chapters in "Freedom of Speech in the Marketplace of Ideas" by Fraleigh and Truman, which include: incitement to illegal conduct; national security; fighting words; hate speech; defamation of character; obscenity; time, place, and manner restrictions; government-subsidized speech; and technology issues. Students rank in order the topics they found most interesting; they are then divided into two groups, and each is assigned either the pro or con of a specific free-speech related incident. Each group researches their topic for 6-8 weeks. Debates are held in front of the rest of the class. (A class syllabus is appended.) (CR)… [PDF]

Badley, Graham (2005). Against Fundamentalism, for Democracy: Towards a Pedagogy of Tolerance in Higher Education. Teaching in Higher Education, v10 n4 p407-419 Oct. Fundamentalism and democracy are presented as opposing forces in a world in conflict. Fundamentalism is described both as a threat to democracy itself and also to supposedly democratic institutions such as the university. First, fundamentalism is defined in its various guises: Christian, Islamic and economic. Each of these forms is pernicious in its influence on democracy and the university. Second, despite the contested nature of the concept, a case is made for democracy as a set of values, processes and institutions which make individual and social life both bearable and interesting. Democracy with its belief in free speech, dissent and scepticism is contrasted with fundamentalism and its unchallengeable truths. Third, reasonableness and tolerance are promoted as vital aspects of a pedagogy for higher education in order to counter the fundamentalist threat. This does not require the university to tolerate the intolerant…. [Direct]

Taylor, Kelley R. (2010). Split Decisions. Principal Leadership, v10 n9 p8-10 May. On February 18, 2010, the U.S. Court of Appeals for the 3rd Circuit (covering Pennsylvania, New Jersey, Delaware, and the Virgin Islands) handed down rulings in two different cases involving regulation of student speech when that speech takes place online and off campus. The rulings–one that favored the school district defendant and the other that favored the student plaintiff–have added to existing confusion over whether schools may legally regulate student speech when such speech takes place online, but off campus. In 2005, using his grandmother's computer during nonschool hours, a high school student created a fake Internet profile of his principal on the social networking site MySpace. The parody, which contained a real photo of the principal, contained answers to profile questions that were written by the student in such a way as to mock the principal. Later that year during an investigation, the student admitted to creating the profile and apologized to school officials both… [Direct]

Underwood, Julie (2004). Legal Protections Gay Students Must Receive. Education Digest: Essential Readings Condensed for Quick Review, v70 n4 p16-26 Dec. This article discusses practical guidance on schools' legal rights and responsibilities with respect to students, programs, and curriculum. Like all other individuals, lesbian, gay, bisexual, and transgender (LGBT) students are guaranteed equal protection under the Fourteenth Amendment to the Constitution and free speech and association under the First Amendment. Like other student clubs, LGBT-related student groups are guaranteed equal treatment and access under the Equal Access Act (1984). In this article, the author emphasizes that it is best to seek legal advice either from district legal counsel, the state education department, or state professional organization to determine the specific legal authority in one's jurisdiction. Among other things, she discusses some things involving legal responsibilities when forming Gay-Straight Alliance, dress codes that unfairly restrict students' "gender identity" or "gender expression," as well as students harassed over… [Direct]

Olson, Lyle D.; And Others (1993). A Paradigm for State High School Press Freedom Laws. To assist journalism educators and legislators who wish to initiate passage of anti-Hazelwood laws, this paper reports on the first stage of a research project on nationwide efforts at getting state legislation passed to override the 1988 Supreme Court Hazelwood School District vs. Kuhlmeier decision. The laws of five states (Massachusetts, California, Colorado, Kansas, and Iowa) which have been successful in passing legislation to override the l988 Hazelwood decision are compared and contrasted in the paper. The paper also offers a 1-page paradigm that summarizes the features of each law. Future research is called for that would examine data from the five states that have passed such laws to determine if they have indeed reduced the incidence of student press censorship. An appendix provides the complete text of all enacted student free speech legislation and a copy of the Student Press Law Center Model Legislation. (NH)… [PDF]

Bernstein, Barbara; And Others (1989). Understanding Civil Liberties: A Guide for the Perplexed. The Nassau Chapter of the New York Civil Liberties Union (NYCLU) is a state affiliate of the American Civil Liberties Union (ACLU), a national, non-profit, non-partisan organization that defends civil liberties in and out of the courtroom. The goal of the group is the advancement of civil liberties according to strict interpretation of the U.S. Constitution and the Bill of Rights. This handbook is designed to answer questions about constitutional rights and how these rights apply to the daily lives of citizens. Questions included in the handbook are those actually submitted to the NYCLU from the public and include: (1) why isn't pornography illegal? (2) why does the ACLU defend free speech for racists and totalitarians? (3) do student editors have freedom of the press? and (4) why should someone be denied a job because he or she is white? (NL)…

(1985). John Peter Zenger and the Freedom of the Press: 250th Anniversary, 1735-1985. This booklet accompanies the New York State Library exhibit of material related to the trial of John Peter Zenger. This 1735 trial established the legal precedent giving juries the power to decide libel suits. Labeled "the germ of American freedom," the trial was an important step in the development of American concepts of free speech and a free press. Complementing the exhibit and suitable for use in schools, this booklet includes a reprint of an article from the New York State Museum's publication "Naho" that gives an explanation of the trial, a bibliography of books and articles about the trial, information about trial proceeding documents held by the State Library, a summary of manuscript and archival sources, an explanation of the New York State Newspaper project that seeks to preserve the American heritage through newspaper conservation, and an overview of the State Library Services. (Author/IS)…

Anapol, Malthon M. (1975). The Common Law Threesome: Libel, Slander, and Invasion of Privacy. Unlike most of the regulatory constraints which have impact on the media, libel, slander, and invasion of privacy are common law concepts developed from the precedents of previous court decisions and from reasoning employed in the written judicial opinions of appellate courts. Since common law is thus both traditional in nature and subject to rapid changes, the courts' handling of these concepts in relation to the media is complex, as may be seen in several specific court cases. Basically, the American system protects individuals who might be seriously damaged by irresponsible abuse of the first amendment freedoms (free speech and free press). That is, you can say it, print it, or broadcast it, but you must be prepared to face the consequences of your actions. No society has developed a better system in terms of freedom with responsibility for the media and protection for the individual. (JM)… [PDF]

Eyster, Ira M. (1971). A Guide for Improving Teacher Education in Human Rights. This guide discusses the need for and ways of implementing human and civil rights education in the teacher education program and in the public schools. One section analyzes specific rights, such as equality of opportunity, free speech, and freedom of assembly, and lists some typical behaviors of institutions–both colleges and public schools–which exemplify a commitment to rights or which appear to be a violation of them. Another short section lists democratic educational processes, such as discussion and cooperative planning, and points suggestions for incorporating human and civil rights education into the teacher education program–both preservice and inservice. Suggestions for the preservice program include discussion of content, activities, timing, and ways of incorporating this content into existing education courses. The section on inservice education includes a sample schedule for a 2-day conference and a sample list of objectives and activities for a 1-week workshop. (RT)… [PDF]

Lustig, Jeff (2004). The Mixed Legacy of Clark Kerr: A Personal View. Academe, v90 n4 p51-53 Jul-Aug. The death of famed educator Clark Kerr last December evoked tributes and testimonials everywhere from the "New York Times" to local faculty bulletins. Architect of California's famous Master Plan of 1960, skilled labor mediator, first president of the University of California system, bete noir of the early student movement, and chair of the distinguished Carnegie Commission on the Future of Higher Education, Kerr captured the diverse impulses of his times with rare thoroughness while clearly defining the key questions facing American higher education. This article is offered by the author as one step toward a faculty perspective on Kerr's legacy from someone who has long been interested in his trajectory–from his brilliant, early economic articles, through his leadership of the University of California (and authorization of the author's arrest during the free speech movement), up to his late recognition of the growing crisis of his cherished university….

Zirkel, Perry, Ed. (1994). Case Citations 1994. Sixteenth Series (How Free Is Speech in the Schools?). Case citations from federal and state court decisions concerning freedom of speech in schools are organized in five major sections with brief summaries of relevant cases in subcategories followed by a table of cases cited. The major sections are as follows: (1) "Employees' Freedom of Expression: Academic Issues" (Virginia Davis Nordin); (2) "Employees' Freedom of Expression: Non-Academic Issues" (Joseph M. Wilson); (3) "Student Expression: Non-Religious Issues" (Perry A. Zirkel); (4) Student Expression: Religious Issues" (Richard Fossey); and (5) "First Amendment Freedom of Expression: Access to Schools by Outside Individuals or Groups" (Gail Sorenson). (MLF)…

Rallo, Curt; Roessing, Lesley J. (2006). Teacher to Teacher: What Text Have You Found Most Successful with Your Students?. English Journal, v95 n3 p16-17 Jan. \Teacher to Teacher\ provides a forum for teachers to share ideas, materials, and activities. In this article, the first teacher describes the effects the well-known novel \Bleachers\ (John Grisham, New York: Doubleday, 2003) had on a ninth-grade english class. The novel bought to life the high school culture that the students found challenging. The novel raises sensitive issues, including self-worth, identity, relationships, forgiveness, and tolerance. This compelling novel allowed high school students to explore themes and issues they struggled with daily. Teaching the text through literature circles proved to be the appropriate choice, and the novel proved to be a provocative piece of literature that connected with the students. The second teacher talks about the influence the novel \Haroun and the Sea of Stories\ (Salman Rushdie, New York: Granta, 1990) had on eighth-grade students' examination of free-speech. The teacher explained \All that we teach about good writing is… [Direct]

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