(1972). [Iowa Studies in Rhetoric.]. Iowa Journal of Speech, v3 n1 p1-65 Fall. This special issue opens with an article by Franklyn S. Haiman, \The Fighting Word Doctrine: From Chaplinsky to Brown,\ in which he reviews the problem of the use of \fighting words\ in public situations. He discusses this type of communication as one that borders individual and collective rights, and provides background information on significant Supreme Court decisions in the free speech area. In the second article, \Leadership and Language,\ Marvin D. Jensen contends that present crises in leadership arise from our current language usages which do not contribute to real communication. In the final article, \How Do You Tell the Good Guys From the Bad Guys,\ Ruth Johnston Laws presents an examination of the effects of television on American voter behavior. She examines the changes in campaign planning and strategy because of television, the altered behavior of the candidates in response to the public, and the altered response of the public to the candidates. (Author/RN)… [PDF]
(2005). Order in the Court!. Instructor, v115 n2 p41-42 Sep. This fall teachers will have the infrequent, but valuable opportunity to teach children about the Supreme Court and its confirmation process. The appointment of a new Justice lets students witness the Court's role and how the three branches of government work together. Teachers also report that the Court is a favorite topic because children can see how rulings have affected their daily lives–in cases that deal with segregation, wearing protest armbands to school, immigration, or free speech. Lessons on the Court and the confirmation process should go well beyond memorization of facts. Diana Hess, faculty on the Supreme Court Summer Institute for teachers, says as a general rule, the best ones are those that require kids to process information and make some kind of decision. Role-playing and debates, which require judgment and critical thinking, help students better understand the Court and the confirmation, as well as larger lessons about the judicial process, checks and balances,… [PDF] [Direct]
(1991). For and against the "New" Education. Humanities, v12 n4 p30-34 Jul-Aug. Observes that the humanities first came under attack immediately after their development in ancient Athens. Describes the fifth-century Sophists who developed an education designed for democracy. Urges support of the humanities today as a training in free citizenship, speech, and thought. Warns that technology cannot solve the problems facing mankind today because human values cannot be quantified. (DK)…
(1989). Agreement, 1989-1992, between the Board of Community College District No. 524, County of Cook and State of Illinois and the Moraine Valley Faculty Association, a Chapter of the Cook County College Teachers Union. The collective bargaining agreement between the Board of Community College District No. 524, County of Cook and State of Illinois, and the Moraine Valley Faculty Association is presented. This contract, covering the period from July 1, 1989 to June 30, 1992, deals with the following topics: definitions; bargaining agent recognition; non-discrimination; association-board relations; academic freedom and faculty rights with respect to the classroom, course content, textbooks, bulletin boards, free speech, public expression, and academic credit/grades; renewal, termination, or layoff of non-tenured or tenured faculty members; overload and supplemental; evaluation; scheduling and teaching assignments; teaching load and assignments (including provisions related to team teaching, innovative teaching, interns and student teachers); grievance procedures; leaves of absence; professional growth; faculty rights; personnel records for faculty; calendar; savings and severability; hiring and… [PDF]
(1999). Education and the Law: Implications for American Indian/Alaska Native Students. This chapter provides an overview of federal education case law and legislation. Currently, there is no Supreme Court education case law applicable specifically to American Indian students. Following brief descriptions of categories of jurisdiction and the structure of the federal court system, the overview summarizes Supreme Court case law applicable to all students and examines potential implications for American Indian students, where applicable. Case law in education falls into the following general areas: (1) discipline (corporal punishment, due process); (2) curriculum (protection of freedom of religion, English-as-a-second-language instruction for limited-English speaking students); (3) student and teacher right of free speech; (4) tort law (responsibility and negligence in education, "in loco parentis" issues, extent of school liability); (5) equity (educational discrimination, integrated facilities, equal educational opportunity); (6) special education (rights of… [PDF]
(1996). Tinker, Fraser, and Hazelwood: Which Educational Policies Are Truly "Educational"?. Without question, Supreme Court decisions regarding public school student rights have greatly affected school policies. This paper reviews three decisions of the United States Supreme Court that currently classify the public school student's free-speech and expression rights. The cases include "Tinker v. Des Moines Independent Community School District" (1969), "Bethel School District v. Fraser" (1986), and "Hazelwood School District v. Kuhlmeier" (1988). The paper examines the ideas underlying the educational policies illustrated by the three decisions and evaluates whether these policies are compatible with the aims of public education. It is argued that each of the three decisions enunciate fundamentally different notions about the ends and means of public education, which may be a source of controversy over policy decisions at the school level. In formulating school policy, the scope of inquiry needs to include an appraisal of the appropriate roles…
(1983). An Examination of the Constitutionality of Mandating Balanced Treatment of Evolution and Creationism in Public Schools. Legislation, rulings, and arguments for and against public schools giving creationism equal time or consideration with evolution are discussed. In the 1920's fundamentalists began to promote statutes prohibiting the teaching of evolution in public schools. Since that time the creationists have sought to supplant evolution with creationism on the grounds that the teaching of evolution inhibits the free speech and religious practices of the believers of creationism. They have demanded that the study of evolution be reduced or eliminated because it is a religious theory and, in particular, a vital aspect of secular humanism, and, thereby, violates the first amendment. Nothing could be further from the truth. In fact, laws mandating the teaching of creationism violate constitutional rights. It is imperative for the sake of religious freedom in this country that the separation between church and state be maintained. As Supreme Court Justice William O. Douglas noted (Zorach v. Clausen,…
(1984). Student Rights and Responsibilities: A Handbook on School Law in Wisconsin. Program Report 84-2. This handbook summarizes current legal doctrine, state statutes, and federal and state regulations regarding the treatment of public school pupils in Wisconsin. It reports on court decisions that are binding in Wisconsin and those from other courts around the country that illustrate how pupil issues have been handled in other jurisdictions. After an introductory overview, chapters 2, 3, and 4 discuss issues that spring from constitutional rights: free speech and expression, religion in the public schools, and search and seizure. Chapters 5, 6, and 7 discuss the ways in which schools can regulate the conduct of students without interfering with constitutional rights. Topics covered are student discipline, school sports and clubs (extracurricular activities), and compulsory attendance. The last three chapters discuss equal educational opportunity and education of handicapped children. Here the focus is on regulations as well as legal decisions, since many issues involving these groups… [PDF]
(1985). The Sensitive Period Hypothesis: A Review of Literature Regarding Acquisition of a Native-Like Pronunciation in a Second Language. A review of research was conducted on the possibility of a sensitive period for the acquisition of native-like pronunciation in a second language, as well as on related questions concerning the universality of this phenomenon, age factors, biological versus cultural origins, and developmental psychology. The review showed variation in studies and findings with regard to the age groups considered, nature of the pronunciation tests, and length and type of exposure to the second language. One conclusion drawn is that cerebral lateralization is likely to be irrelevant to mastery of accent-free speech in a second language, while age is a factor. Further research on adult second language acquisition is recommended, including examination of possible post-puberty psychomotor disadvantages, adult unwillingness to take risks, and identification with in- or out-groups through language proficiency. It is inferred that there is no innate psycholinguistic factor operating to prevent learning a…
(1984). Managing the Media Maze: A Resource Guide for Child Care Advocates. This pamphlet aims to help child care agencies and centers mount a campaign to counteract negative media coverage about child care. To plan an approach to the media, it is suggested that the child care organization designate a media person, develop a budget, target the audience, develop a message and vehicle, compile a media book with information about local media, cultivate media contacts, and establish a timetable. Specific skills for working with the media are also discussed; these include creating a media packet for the organization and preparing public service announcements, community calendar announcements, free speech messages, and press releases. Suggestions are also given for getting on radio and television, preparing for interviews and talkshows, getting positive results from encounters with the media, and evaluating the success of efforts to use the media. The conclusion stresses the need to coordinate positive media attention with organization of child advocates to…
(1977). On \Basic Levels\ and the Categorization of Objects in English Discourse. The factors which influence a speaker's decision to use one categorization for an object as opposed to others that are available are analyzed. The categories that are most used in speech are basic level categories established at the most abstract level at which the category members: (1) share a number of physical and functional attributes, (2) elicit a consistent motor pattern from human interacting with them, and (3) exhibit a similar, easily recognizable shape. Data obtained from free speech samples correlate with that obtained from a controlled linguistic environment experiment and substantiate the hypothesis. When superordinate rather than basic level categorization is used, it is usually due to the need to refer to groups of individuals, the effects of generalization in memory, or the need to refer to objects of poor basic level codability. Where distinct differences cannot be drawn among the superordinate, basic level, and subordinate lexical choices, other classificatory…
(1991). It's Yours: The Bill of Rights. Lessons in the Bill of Rights for Students of English as a Second Language. This curriculum presents lessons and materials designed to teach immigrant students their rights and responsibilities under the U.S. legal system. The lessons employ interactive strategies, and develop higher order thinking skills as they foster English language learning. The curriculum contains eight units: (1) "Roots of Rights: Introduction to the Bill of Rights"; (2) "Free Speech, Assembly, Press: Freedom of Speech; Freedom of Press; Freedom of Assembly; Freedom to Petition Government"; (3) "Freedom to Believe: Freedom of Religion"; (4) "It's about Privacy: Freedom from Unreasonable Search and Seizure"; (5) "Rights of the Accused: Right to a Lawyer; Right to Trial by Jury; Protection Against Cruel and Unusual Punishment"; (6) "Equal Protection Under the Laws: Equal Rights"; (7) "The Bill of Rights and Your Body: Right to Privacy"; and (8) "The Right to Vote: Right to Vote and Participate." The…
(1983). Curriculum and the Constitution. Issuegram 34. The United States Supreme Court has to date decided four major cases dealing with curricula or the rights of students. The Court (1) declared unconstitutional a law that prohibited instruction in evolutionary theory, (2) upheld the right of students in school to express their views on controversial subjects, (3) extended protection under the free-speech clause to student editors of a university newspaper, and (4) held that a school board must go to trial to show that it had a valid purpose in withdrawing a number of books from its school libraries. Two decisions accommodated conscience-based objections by students: the Court held that a compulsory school attendance law should not apply to Amish children beyond the eighth grade and exempted children from flag salute requirements. Lower court decisions in 1982 upheld the prohibition of one school play, stated that another play was improperly prohibited, ruled against the banning of two books and one film, made two decisions against… [PDF]
(1981). Recent U.S. Court Decisions Affecting Education. In 1981 the federal courts decided hundreds of cases involving schools relating to civil rights statutes, the First Amendment, the Fourth Amendment, and the equal protection clause of the Fourteenth Amendment. Lawsuits concerning the handicapped involved such issues as the costs of determining what is equal opportunity in education, full-time interpreters for deaf children, catheterization as a related service, and the extended school year. Civil rights cases involved the application of Title IX to employment and to collegiate athletics; Title VII and the issue of equal pay for equal work among female and male prison guards; and the application of the Age Discrimination in Employment Act to school personnel. The use of intelligence tests for the placement of black students was found to be a violation of the equal protection clause. Other cases involved illigal aliens; the constitutionality of the one-house Congressional veto; free speech and censorship of school library books; the…
(1968). Unit 1103: The Nature and Evaluation of Argument. This 11th-grade unit on language of discourse is designed to help students gain the ability to evaluate argument, to construct logical and reasonable discourse, and to recognize ethical standards of free speech and inquiry. Stephen Toulmin's model of "evidence-warrant-claim" is used as a basic pattern for both the evaluation and construction of argument. The nature of proof (motivational, authoritative, and substantive) is then reviewed with a particular focus on (1) lines of argument–e.g., causality, generalization, and analogy, (2) varieties of proof–e.g., fact and opinion, and (3) tests for logical adequacy–e.g., clarity, internal and external consistency, and verifiability. Finally, the ethics of argument, or the ends and means of persuasion, are determined. Readings from such sources as Walter Lippman, David Lloyd George, and Mark Twain are analyzed, and students are asked to develop speeches and essays using the various approaches they have learned. Included are… [PDF]