(1995). The Changing Telecommunications Marketplace: Issues and Challenges for Higher Education. This publication details the critical issues being debated in telecommunications today and their impact on colleges and universities in the future. An introduction identifies important changes in recent years including technological advances, the digitizing of communication, privatization and commercialization of the Internet, possible significant revision of federal and state telecommunications law, and universities' growing dependence on telecommunications. Discussion of each of five current or emerging issues follows. The discussion of universal access, service, and affordability notes that telecommunication monopolies which benefited higher education are being replaced by competition possibly causing initially higher costs, the replacement of traditional distance learning formats, and challenges to university libraries. The next section discusses balancing the free exchange of ideas and dissemination of knowledge with the intellectual property rights of authors, publishers, and… [PDF]
(1987). Perceptions of Cable Public Access. Members of the local community should be aware of public access channels on cable television systems, yet large segments of the public are unaware that they exist. To determine how the medium was perceived in the Milwaukee, Wisconsin area, a study surveyed 226 individuals by telephone, asking if they were aware of public or community access on cable. For respondents who answered negatively, public access was defined as the opportunity for people to produce and show their own programs on cable television, because public access television has many synonyms in practice. Results of the awareness poll indicated that cable subscribers were significantly more likely to express awareness than non-subscribers, and those who lived in areas served by older cable systems or were more educated were even more likely to be aware. After learning of it through mass media information, flipping channels was the most common way people became aware of public access. Respondents were polled for words…
(1988). Judges Fight Trial Publicity: Open the Courtroom but Close Participants' Mouths. Since, in most cases, sequestration is no longer an option for judges to insure an impartial jury, judicial restraints or suppression orders directed at trial participants have become increasingly attractive. The problem is that the press has a desire to disseminate information about the judicial process to the public. Silence orders prohibiting extrajudicial comment by trial participants raise important questions about the right of participants to communicate with the public, in particular via the press, and the right of the press to gather news. Clarification of participants' rights and the correct standard of review is needed to provide nationally consistent guidelines for implementing silence orders. Trial participants, the press, and the public must be made aware of their rights when a judge issues an order proscribing extrajudicial comment. "Compelling interest" is a standard of review which provides greater clarity and precision and is a balancing of the state's…
(1987). Some Initial Thoughts on Salinger v. Random House. The legal action brought by author J. D. Salinger against Random House Publishers to prevent certain letters–now the property of various university libraries–from being published in a biography illustrates how the long-standing accommodation between the Copyright Act and the First Amendment can occasionally break down. Although the biographer mostly paraphrased passages of the letters, Salinger has since copyrighted the letters and the court has issued an injunction against their use. In such a case, a problem exists between the writer's right to disseminate information useful to the public and the original "owner" of the information to profit from later publication of the information. Several possibilities for resolving this problem exist. Use of the idea/expression dichotomy or the fair use defense is inadequate because it is difficult to draw the line between idea and expression, and sometimes use of the original expression is necessary; and the fair use analysis…
(1968). Language Behavior in Schizophrenia; Selected Readings in Research and Theory. Fourteen papers discuss language behavior in schizophrenia. Provided are an introduction to the phenomena, by H. J. Vetter, and considerations of the following: problems posed by schizophrenic language, by M. Lorenz; the validity of clinical judgments of schizophrenic pathology based on verbal responses to intelligence test items, by N. F. Jones; and symbolic distortion in the vocabulary definitions of schizophrenics, by J. Richman. L. J. Chapman describes confusion of figurative and literal usages of words by schizophrenics and brain damaged patients; T. S. Eliseo discusses figurative and literal misinterpretations of words by process and reactive schizophrenics; and S. A. Mednick considers a learning theory approach to research in schizophrenia. Further papers are on associative inference in the verbal learning performance of schizophrenics and normals, by J. T. Spence and C. V. Lair; language theory and \opposite speech,\ by A. W. Staats; the use of contextual associates in the…
(2000). School Board Meetings and the First Amendment. Inquiry & Analysis, May. This article reviews some of the First Amendment issues that school boards and their legal counsel often encounter during a school board meeting. The discussion necessarily begins with a brief review of the public forum doctrine, under which is included the traditional public forum, the designated public forum, and the nonpublic forum. The article discusses the school board meeting as a public forum. In a designated public forum, school boards must be wary of three types of content-based exclusions: criticism of school officials, selection of subjects, and selection of speakers. The article also lists time, place, and manner restrictions. The presiding officer and members of a school board should understand that, if the public is invited to comment upon an agenda item or any matter within the school district's jurisdiction, a public forum is created. In a public forum, the school board can request patrons to use alternative channels to criticize school employees, but a prohibition… [PDF]
(1998). The Law of Higher Education, 1997 Supplement. Third Edition. This 1997 supplement to \The Law of Higher Education: A Comprehensive Guide to Lead Implications of Administrative Decision Making, Third Edition\ (1995) (ED 383 256), includes discussions of court opinions, statutes, regulations, and related developments, and cites selected law journal articles, books, and other resources concerning the legal aspects of college administration. An introductory chapter gives an overview of postsecondary education law, its scope and evolution, the nature of court litigation, the public-private dichotomy, and the role of religion in this dichotomy. Subsequent chapters address specific topics: trustees/administrators/staff (sources and scope of authority, institutional liability for others' acts, institutional management of liability risk); faculty (nondiscrimination in employment, affirmative action, personnel decisions, academic freedom); students (legal status, admissions, financial aid, support services, disciplinary/grievance systems,…
(1992). Lugoff-Elgin HS Students Exercise First Amendment Rights to Save Principal's Job. Quill and Scroll, v66 n4 p10-12 Apr-May. Describes how high school students at Lugoff-Elgin High School in South Carolina exercised their first amendment rights of free press and speech and won the first round in a fight to save their principal's job. (SR)…
(1972). Sex-Typing of Speech of Prepubertal Children. ProQuest LLC, Ph.D. Dissertation, Louisiana State University and Agricultural & Mechanical College. In this study, utterances of prepubertal children. were examined for the purpose of limiting and isolating linguistic factors which may be important for aural perception of sex. The subjects were 43 third grade children, 21 boys and 22 girls, who ranged in age from eight years, four months, to nine years. Each of the children produced 19 types of utterances: minimally structured free speech; the sentences "How are you" and "Try try again" consonant-vowel syllables containing the six stop consonants /p/, /b/, /t/, /a/, /k/, and /g/, in conjunction with the vowel /a/; the same series of stops with the diphthong /aI/; and sustained productions of the vowels /i/, /a/, /[alpha]/, and /u/. Tape recordings of the utterances were presented, in random order, to a panel of 16 adult listeners who identified speaker sex after each utterance. Eighty-six per cent of listener identifications of boys and 87 per cent of identifications of girls were correct on minimally structured… [Direct]
(1984). Sixty Minutes to Better Communication: Ethical Issues within the Communication Workshop. \Communication workshop\ refers to the public-service oriented course that civic organizations, services, and clubs and political groups often request from professional educators. Ethical communication demonstrates a desire for the good of all those involved in the communication process, rather than just the personal gain of the speaker or the good of the listener. One possible method of teaching ethics within the constraints of the workshop requires placing ethics and communication in a broader perspective: instead of separating ethics from communicaton theory, the instructor may merge the two by suggesting that ethical communication achieves more significant goals than audience effect. Ethical communication may then be viewed as a means of maintaining a healthy society, guaranteeing free speech, and enhancing political pluralism, among other societal goals. Within a personal code of communication ethics, workshop instructors should (1) fully and honestly disclose academic… [PDF]
(1994). Hate Speech: Political Correctness v. the First Amendment. Both freedom of speech and freedom from discrimination are generally accepted expressions of public policy. The application of these policies, however, leads to conflicts that pose both practical and conceptual problems. This paper presents a review of court litigation and addresses the question of how to reconcile the conflicting societal goals of free speech and freedom from discrimination, considering the limited guidance provided by courts. The following principles emerged from the review of cases: (1) Racially biased conduct, including speech, which interferes with another person's ability to benefit from or participate in the district's programs creates an unlawful racially hostile educational environment; (2) school districts have an affirmative obligation to take prompt and decisive remedial action when racially biased conduct creates a hostile educational environment; (3) the nature of the remedial action must be designed to redress the harm caused by the offensive conduct… [PDF]
(1993). Hateful Help–A Practical Look at the Issue of Hate Speech. Many college and university administrators have responded to the recent increase in hateful incidents on campus by putting hate speech codes into place. The establishment of speech codes has sparked a heated debate over the impact that such codes have upon free speech and First Amendment values. Some commentators have suggested that viewing hate speech as a special category of expression, unworthy of traditional protection, will result in unpredictable consequences. Many administrators, however, feel that the codes are justified because of the threat that hate speech poses to the educational process and environment. Many administrators also feel that institutions of higher learning should at least be responsible for the behavior of students. Most of the arguments supporting hate speech codes focus around the notion that establishment and maintenance of a university "community" is essential. But every community–including a college or university community–must accept some… [PDF]
(1986). A Modified Approach to PSI (Personalized System of Instruction) in COMM 100 Introduction to Communication as Implemented at George Mason University. In the personalized system of instruction (PSI) used in beginning communication courses at George Mason University (Virginia), the students do more than read text materials and master cognitive course objectives. They are encouraged to have experiences that reinforce what they read and to consider how these experiences relate to everyday life. The students are also required to do a substantial amount of writing. The COMM 100 Introduction to Communication course is a survey course with several goals for students: (1) to learn basic principles of communication, specifically, interpersonal, intercultural, group, public, and persuasive communication; (2) to communicate in order to reinforce newly learned ideas; (3) to master minimal skills of public speaking; (4) to write graded and ungraded assignments; and (5) to understand the concept of free speech. To achieve these goals, students work at their own pace, proceeding to the next phase of the course without necessarily having mastered… [PDF]
(1980). Secondary Lesson Plans in Law-Related Education. This handbook contains teacher developed lessons to help Utah educators integrate legal education and values education into the overall secondary curriculum. The lessons can also be used by educators in other states. The handbook begins with a discussion of the various teaching methods utilized in the lessons: brainstorming, case studies, community resources, critical thinking, debates, grabbers, mock trials, newspapers, panel discussions, role playing, simulation, and gaming, and miscellaneous approaches, e.g., cop talk series and using literature and media. The bulk of the publication contains the lesson plans, for the junior high and senior high levels. Topics studied vary widely and include juvenile problems and the law, advertising techniques, compulsory school attendance law, student rights and school crime, basic legal concepts, shoplifting, free speech, criminal law terminology, crime in the community, and freedom of the press and privacy. The lessons can be used in U.S….
(2002). School Law in Review, 2002. This is a compilation of presentations delivered at the National School Boards Association Council of School Attorneys' Annual School Law Seminar: (1) \Environmental Hazards for Urban Schools Facing the New Challenge\ (Kelly Frels, Kevin A. Ewing, Timothy A. Wilkins, Jason B. Hutt); (2) \How Accommodating? High-Stakes Testing and Federal Laws That Apply to Students with Disabilities\ (Arthur L. Coleman); (3) \Free Speech and Public Schools in a Post-Columbine World: Check Your Speech Rights at the Schoolhouse Metal Detector\ (Clay Calvert); (4) \Investigation of School Employee Misconduct Including the Misuse of Technology\ (Jeffrey J. Horner); (5) \High-Stakes Testing of Students with Disabilities\ (Michael E. Smith and Ronald D. Wenkart); (6) \Student Drug Testing\ (Stephanie Mather); (7) \FERPA and Student Record Keeping\ (Michael A. Owsley); (8) \How to Advise Districts on Investment Contracts\ (Dorian E. Turner); (9) \Fair Labor Standards Act Recordkeeping Practice Tips\…