(2017). The Garcetti Effect and the Erosion of Free Speech Rights of K-12 Public Education Employees: Trends and Implications. Teachers College Record, v119 n6. Background/Context: Pickering v. Board of Education, decided by the U.S. Supreme Court in 1968, is considered the high-water mark in the constitutional protection of public employee free speech. Two significant decisions issued by that Court since Pickering have limited public employees' expressive rights: Connick v. Myers and Garcetti v. Ceballos. Purpose/Objective: The principal research questions which were the focus of this study are: is the adverse effect on free speech presumed by legal analysts following Connick and Garcetti having real effects in terms of judicial voting behavior and, if so, how has this occurred? Research Design: We set up legal precedent and the judge's ideology as predictors of judicial voting behavior. The legal precedent variable delineates three intervals, namely the Pickering era [1968-1983], the Connick era [1983-2006] and the Garcetti era [2006-2014]. Two different measures of ideology are considered: party affiliation and the judge's DW-NOMINATE… [Direct]
(2017). The Contours of Free Expression on Campus: Free Speech, Academic Freedom, and Civility. Liberal Education, v103 n2 Spr. A tension exists on college and university campuses across America today concerning how to pursue liberal, rational, open learning and, at the same time, celebrate a spirit of academic community–in short, how to exercise free expression and maintain civility. In this article, the author begins with an exploration of the boundaries of free speech, especially in the troubling context of hate speech. He goes on to address two issues. First, where is the limit on expression? Where does protected, hateful speech cross over into being a prohibited hate crime? On campuses, this question is not typically about criminal behavior per se. But the question is the same: when does behavior cross over from being protected, however hateful, and become the proper subject of disciplinary action or even expulsion? The second issue concerns the proper response to hateful speech that is, in fact, protected. To say that it is protected is a threshold issue, not the end of the discussion. This leads to… [Direct]
(2019). The 'Culture Wars' Reloaded: Trump, Anti-Political Correctness and the Right's 'Free Speech' Hypocrisy. Journal for Critical Education Policy Studies, v17 n1 p69-119 Apr. This article explores how Donald Trump capitalized on the right's decades-long, carefully choreographed and well-financed campaign against political correctness in relation to the broader strategy of 'cultural conservatism.' It provides an historical overview of various iterations of this campaign, discusses the mainstream media's complicity in promulgating conservative talking points about higher education at the height of the 1990s 'culture wars,' examines the reconfigured anti-PC/pro-free speech crusade of recent years, its contemporary currency in the Trump era and the implications for academia and educational policy…. [PDF]
(2018). The De/Politicization of Pronouns: Implications of the No Big Deal Campaign for Gender-Expansive Educational Policy and Practice. Gender and Education, v30 n6 p790-810. Accommodating non-binary transgender people, many of whom use gender-neutral pronouns, poses a unique challenge to schools and universities, even in contexts with legal protections for transgender rights. This article explores a recent Canadian controversy around gender-neutral pronouns, and assembles a theoretical framework to analyze the argument that legal protection for transgender peoples' pronouns poses a threat to 'free speech.' The framework bridges queer theory, affect theory and Deleuzo-Guattarian assemblage theory to propose a threshold between 'extra' and 'excessive' effort to accommodate social difference in everyday life. Free speech objections produce some peoples' pronouns as requiring 'excessive' effort. This extra/excessive framework was exemplified by a recent Canadian social media campaign that sought to produce transgender peoples' pronouns as requiring merely 'extra' effort, which entails de-politicizing pronouns. Community responses to the campaign carry… [Direct]
(2021). The Gender Wars, Academic Freedom and Education. Journal of Philosophy of Education, v55 n1 p55-82 Feb. Philosophical arguments regarding academic freedom can sometimes appear removed from the real conflicts playing out in contemporary universities. This paper focusses on a set of issues at the front line of these conflicts, namely, questions regarding sex, gender and gender identity. We document the ways in which the work of academics has been affected by political activism around these questions and, drawing on our respective disciplinary expertise as a sociologist and a philosopher, elucidate the costs of curtailing discussion on fundamental demographic and conceptual categories. We discuss some philosophical work that addresses the conceptual distinction between academic freedom and free speech and explore how these notions are intertwined in significant ways in universities. Our discussion elucidates and emphasises the educational costs of curtailing academic freedom…. [Direct]
(2022). Social Media Monitoring of Students for Harm and Threat Prevention: Ethical Considerations for School Psychologists. Contemporary School Psychology, v26 n3 p299-308 Sep. The rise of social media use among school youth has compelled school districts to implement social media monitoring to prevent active shootings, bullying, harassment, victimization, and suicide in the community. This presents an ethical and legal dilemma, with issues surrounding students' rights to safety, privacy, and free speech in cyberspace. This paper followed the ethical decision-making model outlined by Armistead et al. (2011) to provide guidance to school psychologists and district personnel who may be deciding whether to implement social media monitoring. Review of National Association of School Psychologists and American Psychological Association ethical codes, legislation, and case law demonstrated many complexities regarding the rights of students and school district personnel. Evidence on the effectiveness of social media monitoring is still limited, so school districts and school psychologists are recommended to explore alternatives for harm and threat prevention that… [Direct]
(2022). Sticks and Stones…: Embracing Discomfort to Enhance Learning. Schole: A Journal of Leisure Studies and Recreation Education, v37 n3 p201-207. In "The Coddling of the American Mind: How Good Intentions and Bad Ideas are Setting Up a Generation for Failure," Lukianoff and Haidt contend that an atmosphere of "safetyism" threatens the university's ability to serve as an arena for free speech and academic freedom. In this paper, we examine their thinking through one professor's uncomfortable experience with graduate students over the question of using gendered personal pronouns in scholarly writing. How the students responded to the professor's apparent insensitivity provides the grist for a larger conversation about how best to create a welcoming and trusting environment for engaging in provocative conversations in the college classroom. The paper concludes by emphasizing the importance of the "principle of charity," encouraging students and professors alike to seek out challenges to their long-held views, freeing themselves from their confirmation biases, and looking for nuance rather than seeing… [Direct]
(2022). Sensible or Stifled: What Public-School Teachers Know about Their First Amendment Speech Protections in the Classroom. Action in Teacher Education, v44 n2 p160-177. An increasing number of school districts encourage discussion of current events in classrooms. However, teachers' ability and willingness to manage these conversations may be hampered by concerns about what they are or are not allowed to disclose, especially because their First Amendment speech protections do not fully extend into the classroom. We conducted a survey of public-school teachers to identify what they know about their rights, and how that relates to their teaching practice. Results suggest that although most teachers regularly discuss current events in the classroom, teacher legal literacy is relatively low. Teachers are generally uninformed about both caselaw relating to free speech for public employees, and district policies relating to classroom discussion. Despite this gap in legal literacy, teachers are most likely to turn to their peers for information, which leaves room for teachers to unknowingly cross the line between protected and unprotected speech in the… [Direct]
(2021). Presidents as Practitioners: The Lived Experience(s) of Former Student Body Presidents Working in Higher Education, Student Affairs. Journal of Campus Activities Practice and Scholarship, v3 n1 p34-45. A student body president's work involves addressing emerging crises and challenging institutional decision-makers to respond to the cost of higher education, campus sexual assault, mental health, free speech, and student safety (Student Voice Index, 2018). This phenomenological study unearths the experiences of individuals who previously served as student body president of their institution's student government and who now work in higher education and student affairs. Three themes emerged as a result of multiple interviews with eight former student body presidents, including having a reserved "seat" at "the table," pre-exposure to a career in higher education and student affairs, and a whiplash-like transition following their term. As a result, implications involve the importance of student elections and attention to a retirement-like experience for former student body presidents…. [PDF]
(2020). Southern Exposure: A Look at Mississippi's Public Colleges and Universities. American Council of Trustees and Alumni ACTA's 12th state higher education report examines questions of great urgency for the state of Mississippi: How should individual public universities choose their leadership? Are the public universities careful stewards of taxpayer dollars? Is free speech protected on Mississippi's college campuses? The report assesses institutions on measures of academic strength, intellectual diversity, cost effectiveness, and governance to make compelling recommendations for the future of the state's higher education system. [This report was prepared by the staff of the American Council of Trustees and Alumni, primarily Michael Poliakoff, Armand Alacbay, Jonathan Pidluzny, and Ian Cook, with the assistance of the Mississippi Center for Public Policy.]… [PDF]
(2018). The First Amendment and the Inclusive Campus: Effective Strategies for Leaders in Student Affairs. NASPA Policy and Practice Series. Issue No. 3. NASPA – Student Affairs Administrators in Higher Education Following numerous high-profile incidents involving provocative speakers and organizations on college and university campuses, student affairs leaders are revisiting free speech policies and practices to ensure alignment with the First Amendment. Student affairs educators are also exercising care and precaution to maintain the integrity of their institutional commitments to diversity and inclusion. This issue of "Policy and Practice" describes First Amendment principles, provides pertinent case studies, and summarizes effective practices to help leaders manage controversial speakers and demonstrators while promoting inclusive campus environments. In addition to the architecture of federal law, court interpretation, and published best practices in the field, interviews with five vice presidents for student affairs who managed their campus's planning for and responses to controversial speakers and demonstrations following the 2016 presidential election guided the development… [PDF]
(2018). Guarding the Freedom to Speak, Freedom to Hear: A Guide for Higher Education Trustees. American Council of Trustees and Alumni Freedom of speech, protected by our Constitution, has long been a vital component of political, social, and intellectual life in our country. The American Council of Trustees and Alumni (ACTA) has dedicated itself for more than 23 years to working with trustees to ensure that our nation's colleges and universities preserve this essential freedom on campus. This freedom is under attack on a disturbingly large number of our nation's campuses. The "heckler's veto," by which loud and sometimes violent protests prevent a speaker from delivering a lecture or participating on a panel, is one particularly obnoxious form of silencing free speech. Equally damaging and dangerous are the campaigns to discourage an invited speaker from coming to campus or to coerce a "disinvitation" of the invited guest. By understanding how and why these disruptions happen, as well as recognizing their potential to occur on virtually any campus, boards of trustees can develop policies to… [PDF]
(2017). Campus Free Speech, Academic Freedom, and the Problem of the BDS Movement. Perspectives on Higher Education. American Council of Trustees and Alumni Polarizing political beliefs are nothing new on campus, but the tactics employed by supporters of the Boycott, Divestment, Sanctions (BDS) movement create new cause for concern, from the politicization of curricula and academic associations to efforts to silence Israeli speakers to overtly anti-Semitic behavior on campus. In a new essay, the American Council of Trustees and Alumni renews its call for the protection of campus free speech and free expression by warning trustees and higher education leaders about the threat to academic freedom from the BDS movement. The report outlines ways to safeguard academic freedom and institutional neutrality and create a campus climate where a wide range of social and political thought is represented in important debates…. [PDF]
(2018). Fostering Civic Knowledge in Introductory Business Law and Legal Environment Courses: A Closer Look at Freedom of Speech. Journal of Legal Studies Education, v35 n2 p195-230 Sum. This article seeks to persuade professors that constitutional law topics are worthy of coverage, as it is the job of legal educators to not just to prepare students for their professional roles but also their roles as citizens. Several authors have taken up constitutional law topics in these pages. This article contributes to the literature, and takes a broad look at free speech protections–a particularly timely and engaging topic in light of landmark Supreme Court rulings in June 2017 and much public debate about our civic culture and free speech after violent protests in Charlottesville, Virginia, Middlebury College, and elsewhere. Part II of this article documents recent widespread calls for universities to do a better job of preparing students to be informed, active citizens. Part III reviews best practices for that civic education. Part IV turns to the role legal studies professors can play in furthering students' civic knowledge. Drawing on recent Supreme Court cases, that… [Direct]
(2018). Building a Culture of Free Expression on the American College Campus: Challenges & Solutions. Perspectives on Higher Education. American Council of Trustees and Alumni Over its 23-year history, the American Council of Trustees and Alumni (ACTA) has worked to educate leaders in higher education to uphold the highest standards of academic freedom, academic excellence, and accountability. The most serious challenges in memory to the free exchange of ideas essential for liberal education has been faced. For the last four decades, free speech on campus has suffered from the disinvitations of speakers, violent protests, classroom disruptions, "safe spaces," and speech codes. In the past several years, the problem has grown significantly more severe. How do these challenges to free speech affect the core value of education: the unfettered pursuit of truth? Can the robust discussion and lively discourse essential for liberal education survive the chilly–sometimes hostile–treatment given to opinions that question campus orthodoxies? What effect do these insults have on what former University of Chicago President Hanna Holborn Gray calls the… [PDF]