Nordin, Virginia Davis (1991). Civility on Campus: Harassment Codes vs. Free Speech. ASHE Annual Meeting Paper. In response to the resurgence of racial incidents and increased "gay-bashing" on higher education campuses in recent years, campus authorities have instituted harassment codes thereby giving rise to a conflicts with free speech. Similar conflicts and challenges to free speech have arisen recently in a municipal context such as a St. Paul ordinance applied to a cross burning incident recently upheld in the Minnesota Supreme Court. However, these conflicts with free speech on campuses also raise issues of academic freedom complicated by the traditional academic abstention doctrine. This concern for civility is not new, in particular, the Politeness Movement established by philosopher David Hume had a lasting and broad impact on academic culture. In the current debate central questions include whether free speech is really free if one side is too intimidated to speak, what the responsibility of the university is to guarantee free speech and whether there should be an…

Gill, Ann M. (1991). Renewed Concern for Free Speech on Campus. ACA Bulletin, n75 p24-31 Jan. Reviews two challenges to free speech (school-sponsored speech and racist and sexist speech) on the college campus. Suggests guidelines for communication administrators attempting to maximize expressive freedom within the dictates of the law. (PRA)…

Robinson, Jenna Ashley (2010). Do North Carolina Students Have Freedom of Speech? A Review of Campus Speech Codes. John William Pope Center for Higher Education Policy (NJ1) America's colleges and universities are supposed to be strongholds of classically liberal ideals, including the protection of individual rights and openness to debate and inquiry. Too often, this is not the case. Across the country, universities deny students and faculty their fundamental rights to freedom of speech and expression. The report examines the speech, assembly and religious protections for students and faculty at North Carolina's universities–both public and private. Using the speech code rating system from the Foundation for Individual Rights in Education (FIRE), the Pope Center found that "none" of North Carolina's universities received a "green light." A green light would indicate that there are no serious threats to students' free speech rights in the policies on a particular campus. A "red light" indicates the school has at least one policy that clearly restricts freedom of speech. A "yellow light" is given when a school has… [PDF]

Davies, Lynn (2009). Educating against Extremism: Towards a Critical Politicisation of Young People. International Review of Education, v55 n2-3 p183-203 May. This paper is based on a recently published book, \Educating Against Extremism\ (Davies, \Educating Against Extremism,\ 2008), which explores the potential role of schools in averting the more negative and violent forms of extremism in a country. It examines the nature of extremism; identity formation and radicalisation; religious belief, faith schools and the myth of equal value; justice, revenge and honour; and free speech, humour and satire. The paper argues that religious fundamentalism, as well as state terrorism, needs to be addressed in schools. The argument in the book is for a greater politicisation of young people through the forging of critical (dis)respect and the use of a secular basis of human rights. Specific forms of citizenship education are needed, which provide skills to analyse the media and political or religious messages, but also enable critical idealism to be fostered…. [Direct]

Ewbank, Henry L., Ed. (1984). Free Speech Yearbook 1983. Volume 22. A collection of nine articles, this yearbook focuses on freedom of speech and censorship. The topics covered include (1) judicial invention in First Amendment governmental regulation cases, (2) the impact of the Moral Majority on book censorship; (3) Justice William Brennan's championship of the First Amendment, (4) the legal tactics that public persons must currently use to obtain libel judgments that will hold up on appeal, (5) the protection and restriction of government employees' political expression within the context of current First Amendment theory, (6) Supreme Court decisions involving the First Amendment in 1982-1983, (7) the 1938 censorship of "Life" magazine's photo essay on the birth of a baby, and (8) the development of an instrument to assess patriotism in the United States. The final article is a freedom of speech bibliography of articles, books, letters, and court cases from July 1982 to June 1983. (MM)…

Ewbank, Henry L., Ed. (1983). Free Speech Yearbook 1982. Volume 21. The six articles in this collection deal with theoretical and practical freedom of speech issues. Topics covered are (1) freedom of expression and the Mormons for the Equal Rights Amendment (R. J. Jensen); (2) the U.S. Supreme Court and the First Amendment (W. A. Linsley); (3) antipornography campaigns (R. McGaffey); (4) the human rights advocacy of El Salvador's Archbishop Oscar Romero (J. E. Schuetz); (5) foreign travel as a First Amendment right (R. S. Rodgers); and (6) 19th century speaker bans (J. A. Samosky). A bibliography of materials pertaining to freedom of speech is also included. (JL)…

Pawlak, Frank (1980). Teaching about Free Speech for Students. Update on Law-Related Education, v4 n2 p8-13,49-51 Spr. Points out some approaches which high school social studies classroom teachers can use to help students understand that others' rights are just as significant as personal rights in the area of freedom of speech. Topics discussed include First Amendment guarantees, various kinds of vocal expression, and case studies of student expressions of protest. (DB)…

Annichiarico, Mark; And Others (1997). Free Speech Headlines in San Francisco. Library Journal, v122 n13 p36-42 Aug. Reports on the 116th Annual Conference of the American Library Association (ALA) held in San Francisco June 26-July 1, 1997. Discusses intellectual freedom and Internet filters, the Communications Decency Act, the 1996 Telecommunications Act's Universal Service provision, the Hawaii outsourcing model, exhibits, books and authors, diversity, ALA council and executive search, and technology. (PEN)…

Hodge, John L. (1981). Democracy and Free Speech: A Normative Theory of Society and Government. Noting that the nature and value of free speech depends on the norms and goals of a society and on that society's appropriate form of government, this paper presents a normative theory of democracy and from that theory formulates a theory of free speech. The first section defines a number of terms used in the paper and clarifies several of the underlying concepts of the theory. The second section of the paper outlines the normative theory of democracy and the theory of free speech based upon it. The final section considers the consequences of that theory in relation to three recent United States Supreme Court decisions concerning free speech. (FL)…

Silverglate, Harvey A. (2007). An Appeal for Transparency. Academic Questions, v20 n3 p235-238 Sep. In weighing free speech versus harassment, university administrators and lawyers tend to exert controls more suitable for commercial institutions, where the pursuit of truth is not preeminent. Harvey Silverglate cites examples of egregious restrictions that went \poof\ in the bright light of exposure to the public…. [Direct]

Wiener, Jon (1990). Words that Wound: Free Speech for Campus Bigots?. Nation, v250 n8 p272-76 Feb 26,. Examines the distinctions between protected free speech and discriminatory verbal harassment on college campuses. Cites numerous campus policies and recent Supreme Court decisions. Discusses a proposed guideline based on the direct use of \fighting words\ to insult or stigmatize an individual. (FMW)…

Patterson, Lyman Ray (1975). Private Copyright and Public Communication: Free Speech Endangered. Vanderbilt Law Review, 28, 6, 1161-1211, Nov 75. Contending that potential conflict between copyright and free speech inevitable if present provisions of the copyright bill providing copyright for television are enacted, the author suggests an alternative approach based on analysis of English and American background, copyright and the law of unfair competition, and policies of the copyright clause. (JT)…

Block, Susan; Carey, Brenda; Cocomazzo, Nadia; Iverach, Lisa; O'Brian, Sue; Onslow, Mark; Packman, Ann (2012). Camperdown Program for Adults Who Stutter: A Student Training Clinic Phase I Trial. International Journal of Language & Communication Disorders, v47 n4 p365-372 Jul-Aug. Objectives: During speech pathology professional preparation there is a need for adequate student instruction with speech-restructuring treatments for adults. An important part of that clinical educational experience is to participate in a clinical setting that produces outcomes equivalent to those attained during clinical trials. A previous report showed that this is possible with a traditional, intensive speech-restructuring treatment. Considering the treatment process advantages and time efficiency of the Camperdown Program, it is arguably a compelling prospect for clinician education. Therefore, the present study is a Phase I trial of the treatment at a student university clinic, with a similar design to a previous report. Background: During speech pathology professional preparation there is a need for adequate student instruction with speech-restructuring treatments for adults. An important part of that clinical educational experience is to participate in a clinical setting… [Direct]

Smith, Gregory T.; Uhler, Scott F. (2012). Regulating Conduct in New Frontiers. Education Digest: Essential Readings Condensed for Quick Review, v77 n8 p47-52 Apr. As Internet-based communications and interactions by and between students and school staff become more prevalent, an appreciation of school rules for student behavior is important. Students carry electronic devices, sending and receiving communications inside and outside school, so two key questions exist regarding search and seizure of such devices: (1) What are the limits on a school's authority to search or seize student property relative to sexting and/or cyberbullying?; and (2) To what extent can a school regulate off-campus sexting and cyberbullying when it relates to students? Foundational legal principles in this area were established by the U.S. Supreme Court decades ago in "Tinker v. Des Moines," when the court confirmed that students enjoy certain constitutional protections while at school. When investigating potential student misconduct relative to sexting and cyberbullying, schools must still operate within the parameters of the Constitution regarding due… [Direct]

Bok, Derek C. (1985). Reflections on Free Speech: An Open Letter to the Harvard Community. Educational Record, v66 n1 p4-8 Win. The president of Harvard University writes an open letter on the subject of free speech and its application to a university community. The question of whether heckling is an exercise of free speech or an infringement on the rights of the speaker is discussed. (MLW)…

Myers, Roger W. (1976). Free Speech at the University of Kansas. College English, 37, 5, 523-5, Jan 76. …

Gibbs, Annette (1986). Solicitation on Campus: Free Speech or Commercialization?. Journal of College Student Personnel, v27 n1 p49-53 Jan. The issue of whether the First Amendments right to freedom of speech applies to commercial vendors on campuses as it does to nonprofit solicitation is addressed and guidelines provided. Banning commercial solicitation from residence halls, but allowing it on a limited basis in campus centers is recommended. (Author/ABB)…

Hodges, Debra K. (1982). Postsecondary Faculty Members' Rights of Free Speech. Journal of College and University Law, v9 n1 p85-99 1982-83. A guide is presented for faculty members and administrators about circumstances in which faculty may speak freely on issues and what procedural safeguards are applicable when disciplinary actions are contemplated. Issues of contracts, interests conflicting with the state's, tests for violation of First Amendment rights, defenses, and remedies are considered. (MSE)…

Cone, Stephen L.; Karr, Susan (1995). Protecting Free Speech Is Worth the Cost. Educational Record, v76 n2-3 p32-34 Spr-Sum. Events at Trenton State University (New Jersey) in 1993, marked by controversy and anger over a speech made at a public college, are chronicled and observations about the context of the events are made, focusing on the role of media coverage, administrative leadership, and institutional policies and procedures. (MSE)…

Sacken, Donal M. (1994). Public School Administrators and Free Speech Protection. Journal of Law and Education, v23 n2 p167-89 Spr. In "Kinsey," a fired superintendent claimed a violation of free expression and association rights by his employing board of education. Examines similar cases and contends that public defiance or disloyalty by a principal or superintendent exceeds the tacit limits of intra-administrative disagreement. (108 footnotes) (MLF)…

Hils, Lynda (2001). "Zero Tolerance" for Free Speech. Journal of Law and Education, v30 n2 p365-73 Apr. Argues that school policies of "zero tolerance" of threatening speech may violate a student's First Amendment right to freedom of expression if speech is less than a "true threat." Suggests a two-step analysis to determine if student speech is a "true threat." (PKP)…

DelFattore, Joan (2011). Defending Academic Freedom in the Age of Garcetti. Academe, v97 n1 p18-21 Jan-Feb. As the 2006 Supreme Court decision in "Garcetti v. Ceballos" continues to reverberate in academe, the best way for faculty members to defend their academic freedom is not through the courts but through clear university policies. A promising alternative to the First Amendment approach is to follow the example of private universities in defining academic freedom as a professional standard embodied in university policies. Courts have said that administrators at public universities may penalize faculty speech, not that they must do so. Indeed, the Supreme Court recommended in "Garcetti" that government employers who wish to protect employees' free speech should enact regulations for that purpose. In the 2009 report "Protecting an Independent Faculty Voice: Academic Freedom after Garcetti v. Ceballos," an American Association of University Professors (AAUP) subcommittee suggested three versions of model post-"Garcetti" academic freedom language to… [Direct]

Johnston, Howard (2009). Student Dress Codes and Uniforms. Research Brief. Education Partnerships, Inc. According to an Education Commission of the States "Policy Report", research on the effects of dress code and school uniform policies is inconclusive and mixed. Some researchers find positive effects; others claim no effects or only perceived effects. While no state has legislatively mandated the wearing of school uniforms, 28 states and the District of Columbia have enacted laws addressing school attire. (ERIC Clearinghouse on Educational Management, Fall 2002). Recent challenges have focused on the chilling effect that dress codes have on free speech (e.g., the expression or religious or political ideas) or the burdens that new dress requirements, particularly uniforms, place on poor parents who cannot afford to bring their children into compliance. Also, some parents and legal authorities claim that when students either are sent home or placed in isolation because of dress code violations, it has a negative effect on their educational opportunity and ultimate… [PDF]

Haiman, Franklyn S. (1985). What Is the Status of Free Speech in America?. Update on Law-Related Education, v9 n2 p10-13,29-30 Spr. Supreme Court rulings of the last five years regarding freedom of speech are examined. There have been a wide range and variety of free speech developments during this period. (RM)…

Fay, Jacob, Ed.; Levinson, Meira, Ed. (2019). Democratic Discord in Schools: Cases and Commentaries in Educational Ethics. Harvard Education Press Teaching in a democracy is challenging and filled with dilemmas that have no easy answers. For example, how do educators meet their responsibilities of teaching civic norms and dispositions while remaining nonpartisan? "Democratic Discord in Schools" features eight normative cases of complex dilemmas drawn from real events designed to help educators practice the type of collaborative problem solving and civil discourse needed to meet these challenges of democratic education. Each of the cases also features a set of six commentaries written by a diverse array of scholars, educators, policy makers, students, and activists with a range of political views to spark reflection and conversation. Drawing on research and methods developed in the Justice in Schools project at the Harvard Graduate School of Education (HGSE), "Democratic Discord in Schools" provides the tools that allow educators and others to practice the deliberative skills they need in order to find… [Direct]

Allison, Rinda Y.; Uhler, Scott F. (1997). Libraries and the Internet, Part I: Some Constitutional Background. Illinois Libraries, v79 n4 p159-60 Fall. The availability of Internet access in public libraries has raised concerns about free speech rights and library liabilities. This article, part one in a three part series, examines the constitutional background for free speech and Internet provision, defining "speech" and highlighting limitations to free speech and court analysis of speech regulations. (PEN)…

Clark, John (2008). Ethical Issues for an Editorial Board: "Kairaranga". Kairaranga, v9 n2 p47-51. With academic journals, we think of the ethical aspects of the research contained in the articles rather than with the journal itself. However, journal editing has its own set of ethical concerns, which this article addresses. One is ensuring that the anonymity of institutions and participants, in research and the reporting of practice, is preserved. Another is to ensure a clear separation between "owner" of the journal and the editorial judgement, so that editorial independence is preserved. This defence of free speech is especially important when a journal, its editorial board and contributors, are variously associated with a government agency or Board of Trustees. (Contains 1 footnote.)… [PDF]

Brady, Kevin P. (2008). Student Bullying and Harassment in a Cyberage: The Legal Ambiguity of Disciplining Students for Cyberbullying. International Journal of Educational Reform, v17 n2 p92-106 Spr. This article details the growth of student-based cyberbullying in the United States. The article argues that the current legal limbo of student speech issues originating in cyberspace has unfortunately led to inconsistent lower court decisions that continue to confuse as well as frustrate today's educators and parents who are required to confront student-based cyberbullying issues. The U.S. Supreme Court's 2007 decision in \Morse v. Frederick,\ the Court's most recent student free speech case, symbolizes a missed opportunity by the United States' highest court to develop clearer legal guidelines involving the regulation of student's off-campus speech and expression–namely, student cyberspeech. (Contains 1 table and 59 notes.)… [Direct]

Davies, Lynn (2008). Gender, Education, Extremism and Security. Compare: A Journal of Comparative Education, v38 n5 p611-625 Oct. This paper examines the complex relationships between gender, education, extremism and security. After defining extremism and fundamentalism, it looks first at the relationship of gender to violence generally, before looking specifically at how this plays out in more extremist violence and terrorism. Religious fundamentalism is also shown to have gendered concerns. The paper concludes with drawing together the educational implications of these analyses, arguing for a politicised education to promote both national and personal security. Five components are proposed: acceptance of ambiguity rather than absolutism and single truths; a secular basis in human rights; breaking down \otherness\; reconciliation rather than revenge; and free speech and humour. (Contains 1 table.)… [Direct]

Russo, Charles J. (2007). Supreme Court Update: The Free Speech Rights of Students in the United States Post "Morse v. Frederick". Education and the Law, v19 n3-4 p245-253 Sep. Enshrined in the First Amendment as part of the Bill of Rights that was added to the then 4 year old US Constitution in 1791, it should be no surprise that freedom of speech may be perhaps the most cherished right of Americans. If anything, freedom of speech, which is properly treated as a fundamental human right for children, certainly stands out as one of the rights of which Americans are most aware. As important as free speech is to Americans, it is something of a surprise that the Supreme Court did not address its first case involving the free speech rights of students until its 1969 landmark decision in "Tinker v. Des Moines Independent Community School District" ("Tinker"). In "Tinker" the Court recognized that the standard that it developed in "Schenck v. United States" ("Schenck"), a dispute involving national security in the wake of World War I, did not work well for schools. In the almost 40 years since "Tinker", a… [Direct]