Birkhead, Douglas (1989). Muckraking Free Speech: I.F. Stone and the Trial of Socrates. Communication Research, v16 n2 p289-98 Apr. Reviews I.F. Stone's "The Trial of Socrates," discussing the application of Stone's particular perspective (vintage American liberalism) and method (the muckraking tradition) to his reassessment of democracy and free speech in ancient Athens via Socrates' trial and condemnation. Compares Ancient Greek and modern concepts of free speech and democracy. (SR)…

O'Shea, Kevin F. (1997). The First Amendment in Higher Education: A Review of the 1995 Judicial Decisions. Journal of College and University Law, v23 n3 p309-31 Win. Reviews 1995 court decisions concerning free speech in colleges and universities, focusing on the Free Speech Clause of the First Amendment (educator speech, campus speech regulations, speech in public forum), religion clauses (Establishment Clause, Free Exercise Clause) and statutes (Religious Freedom Restoration Act, Equal Access Act). Concludes decisions tend to restrict free speech and public school funding of religious activities. (MSE)…

Gould, Jon B. (2007). Returning Fire. Chronicle of Higher Education, v53 n33 pB13 Apr. Last December saw another predictable report from the Foundation for Individual Rights in Education (FIRE), a self-described watchdog group, highlighting how higher education is supposedly under siege from a politically correct plague of so-called hate-speech codes. In that report, FIRE declared that as many as 96 percent of top-ranked colleges "prohibit speech that, outside the borders of campus, is protected by the First Amendment to the U.S. Constitution." But contrary to the group's contention, academic freedom and open discourse are not seriously threatened at American colleges. If anything, academe does a better job of preserving free speech than do its cousins in the service of an open civil society, the news media and online service providers. Indeed, FIRE largely fails to explain how it reaches its overly broad conclusions, and a sober look at the group's charges finds an increasingly ideological organization that exaggerates the facts to make political hay. In… [Direct]

Schuett, Faye (2000). Two Sides of the Same Coin: The Scope of Free Speech and Hate Speech in the College Community. Michigan Community College Journal: Research & Practice, v6 n1 p9-37 Spr. This article presents the Two Sides interviews, which confront the serious and immediate conflict between free speech and hate speech on college campuses. Dr. Robert O' Neil discusses the scope of free speech in the college community, while Dr. Timothy Shiell focuses on hate speech on campuses. Contains 12 references. (VWC)…

Olagunju, Amos O. (2008). Harmonizing the Interests of Free Speech, Obscenity and Child Pornography on Cyberspace: The New Roles of Parents, Technology and Legislation for Internet Safety. Online Submission, Paper presented at the Oxford Round Table on \The Regulation of Cyberspace: Balancing the Interests\ (Oxford, England, Mar 28, 2008). Incorrect access to Web site addresses and spam e-mails are continuing to make pornography rampant on the Internet at schools, homes and libraries. Collectively, parents, teachers and members of communities must become more aware of the risks and consequences of open access to the Internet, and the distinction between censorship and Internet access filtering. Parental involvement is crucial for raising children with healthy Internet access habits to social and educational materials. Although generations have coped with different times and trials, technology is ushering in new trials. Parents and communities cannot ignore the present and future technology ingrained into the lives of children. This paper contends that, parents armed with legislation and technological security devices for access to the Internet, ought to strengthen the character of online Internet safety. The discussion is focused on the roles parents, communities, technology and laws should play in protecting children… [PDF]

Lane, Robert Wheeler (1995). Beyond the Schoolhouse Gate. Free Speech and the Inculcation of Values. The extent to which public school students deserve First Amendment rights and the values and interests regarding public schooling that should limit student free speech are explored. Eight chapters are entitled: "Pursuing Excellence and Order"; "The Emergence of Children's Rights"; "Free Speech and Public Education"; "A Focused Balancing Alternative"; "Tolerating Student Speech"; "Assisting Student Expression"; "Access to Information and Ideas"; and "A Matter of Degree." The dual pursuits of academic excellence and classroom order often inflame conflicts between students and school officials, and may result in litigation. The public education, children's rights, and free speech literature provide the background for a discussion of the complexities of student free speech issues. The synthesis of this literature and examination of recent court decisions provide a framework for thinking about student free…

Thompson, Margaret E. (1995). The Impact of Need for Cognition on Thinking about Free Speech Issues. Journalism and Mass Communication Quarterly, v72 n4 p934-47 Win. Notes that past research has shown a large disparity between general support for abstract principles of free speech and willingness to apply those principles in specific situations. Surveys undergraduate students. Shows a smaller tolerance disparity for high "need for cognition" respondents; they are more likely to apply free speech principles in forming opinions in specific issue situations. (SR)…

Cole, Terry W. (1976). The Wobblie's Free Speech Fights: A Case Study in 20th Century Revolutionaries. This paper examines the free speech fights, one of the more revolutionary tactics of the Industrial Workers of the World (I.W.W.), founded in 1905 by a small group of socialists, anarchists, industrial unionists, and dissident trade unionists. Two considerations guide this examination. The first is the rhetorical nature of the free speech fight and the manner in which it advanced the rhetorical program of the I.W.W., including winning the right to use the streets for speech making, confirming the viability of working-class solidarity, and producing greatly needed publicity. The second consideration involves the free speech implications of the tactic, especially the drawing of national attention to the preservation of this basic American right. (JM)…

Van Slyke, Judy K. (1982). SEC-Mandated Disclosure and Corporate Free Speech: A Critical Perspective. Disclosure of information to the investing public is a primary purpose of federal regulation of the securities industry and one of the primary duties and responsibilities of financial public relations practitioners. Disclosure requirements are numerous, with most mandating publicly held corporations to disclose information. Some requirements, however, delineate types of information that may not be disseminated by the corporations. Given recent concern over the application of First Amendment free speech rights to corporations, especially in the wake of the Supreme Court's decision in "First National Bank of Boston et al v. Bellotti," there may be some question as to whether Securities and Exchange Commission (SEC) mandated disclosure of information can be interpreted as an infringement on a corporation's right of free speech. An examination of such disclosure requirements and judicial interpretation of corporate free speech from historical and critical perspectives leads to…

Baldwin, Grover H. (1989). Use of School Facilities by Non-Student Groups: Free Speech and Public Forums. Planning and Changing, v20 n3 p141-48 Fall. Since the "May" and "Gregoire" decisions, school boards must be aware of the courts' change to a more expansive view of free speech. Unless it is clearly a religious service, rite, or ceremony, what was once considered a religious activity (for example, Bible-reading) may now be considered free speech protected by the First Amendment. Includes 19 references. (MLH)…

Parker, Richard A. (1983). Free Speech in the Military: A Status Report. Two recent decisions of the United States Supreme Court have emasculated First Amendment guarantees for military personnel. In the first case, Parker v. Levy, an Army captain urged enlisted Special Forces personnel at his post to refuse to go to Viet Nam, claiming that "Special Forces personnel are liars and thieves and killers of peasants and murderers of women and children." His statements were deemed violative of Articles 133 and 134 of the Uniform Code of Military Justice, which provide punishment for conduct unbecoming an officer and a gentleman and for all disorders and neglects to the prejudice of good order and discipline in the Armed Forces. In rendering its decision, the court reasoned that the historical context and language of the General Articles of the Uniform Code provided "fair notice" that the officer's conduct was punishable. In the second case, Brown v. Glines, a serviceman drafted petitions to several congressmen complaining about grooming… [PDF]

Okonkwor, R. Chude (1983). Nigeria's Sedition Laws–Their Effect on Free Speech. Journalism Quarterly, v60 n1 p54-60 Spr. Reports on the Nigerian Supreme Court's struggles with the problems of interpreting colonial sedition laws while protecting democratic freedoms. (FL)…

Frank, Bob (1993). After Hazelwood: Free Speech Constraints and Theatre Programs. Journal of the Association for Communication Administration (JACA), n2 p17-21 Apr. Discusses what drama teachers, directors, and administrators should know about the legal limits of their freedom of expression. Discusses the limitations imposed by the courts on administrative officials regarding their ability to control or regulate what theater students and teachers do. (RS)…

Gordon, William I.; Infante, Dominic A. (1981). Attitudes toward Free Speech: Trends, Measurement and Individual Difference Considerations. Although Kent State University was regarded as a symbol of radical protest after four students were killed by Ohio National Guardsmen in 1970, a survey of student opinion toward demonstrations and other kinds of free speech activity taken in 1969, shortly before the shootings, showed that the student body was in fact conservative. Other researchers observed that attitudes toward freedom of speech had grown more restrictive, suggesting that attitudes fluctuate with levels of stress in the social climate: people are less tolerant of freedoms that may endanger an already strained status quo. Based on this assumption, a study was conducted to discover if student attitudes toward freedom of speech at Kent State were more favorable in the more relaxed social climate of 1979. Two hundred thirty-two students in communication courses completed a 34-item questionnaire for measuring freedom of speech attitudes. Twenty-three of these items were taken from the 1969 survey. For 17 of those items,…

Caselli, M. Cristina; Devescovi, Antonella (2007). Sentence Repetition as a Measure of Early Grammatical Development in Italian. International Journal of Language & Communication Disorders, v42 n2 p187-208 Mar. e mean length of utterance in the Sentence Repetition Task grew from approximately two to three words, and the number of omissions of articles, prepositions and modifiers significantly decreased. After 3;0 years old, omissions of free function words practically disappeared. The results of Study 2 showed that mean length of utterance, omission of articles and use of the verbs in the Sentence Repetition Task correlated with the same measures of the free speech. Moreover, positive correlations were found between verbal memory span and performance of both the repetition task and the free speech. Conclusions: Results demonstrate that the repetition test is reliable, discriminates between the different age groups examined, highlights the relevant developmental stages described in the literature, and provides a reliable measure of the mean length of utterance. (Contains 7 tables.)Background: Research on language acquisition and disorders highlights the need to evaluate the early phases of… [Direct]

Cohen, Robby (1985). Berkeley Free Speech Movement: Paving the Way for Campus Activism. OAH Magazine of History, v1 n1 p16-18 Apr. The Free Speech Movement (FSM) at Berkeley during the 1960s demonstrated to students nationwide that effective protest movements could be built on campus and that engaging in such dissident activity was not un-American but was, in fact, their moral and political right. The history of this movement is discussed. (RM)…

Monaghan, Peter (2012). Sticks, Stones–And Words, Too?. Chronicle of Higher Education, Jun. Jeremy Waldron, a professor of social and political theory at University of Oxford and also a professor of law at New York University, contends that laws against hate speech deserve further consideration, even if he doubts they "will ever pass constitutional muster in America." He contends that "The Harm in Hate Speech," as his title has it, begins with American legal tradition flatly declining to prohibit it. As a result, "hate speech" or "group libel" is allowed to damage individuals' social standing–the "fundamentals of basic reputation"–which American democracy ostensibly guarantees. Deeply ingrained in American jurisprudence is a belief that offensive speech should be countered with other speech, not the force of law. But "group libel," Waldron contends, "is both a calculated affront to the dignity of vulnerable members of society and a calculated assault on the public good of inclusiveness." It maligns and… [Direct]

Russo, Charles J. (2009). ASBO at 100: A Supreme Court Retrospective on Religion, Student Rights, and Employee Rights. School Business Affairs, v75 n2 p36-40 Feb. In the opening sentence of his May 1949 article in this journal, Ward W. Keesecker was on the mark in writing, \What the Supreme Court of the United States has said pertaining to State school administration and how their decisions affect the rights and privileges of individuals are matters of wide interest and concern to school business officials and teachers generally\ (p. 1). Based on the role that the Supreme Court has assumed in shaping American education, this column reviews key cases dealing with religious issues in schools, student rights, and employee rights to due process and free speech. As this column demonstrates, Supreme Court cases involving the rights of students and school employees have had a profound effect on the lives of school business officials, other education leaders, and everyone else associated with public education. As ASBO embarks on its second century, the only thing about which its members can be certain is that the Court will continue to resolve cases… [PDF] [Direct]

Sanders, Wayne (1981). Constitutional Protection for Whistle Blowers: Has the First Amendment Called in Sick?. Free speech for the public employee is much more limited than free speech in the society at large. The courts have been unwilling to extend free speech protection carte blanche and have instead cautiously attempted to define what speech would be allowed or prohibited in public organizations. This approach is illustrated in four areas of court concern: (1) the controversy between internal versus external communication, (2) the establishment of criteria to distinguish protected from unprotected speech, (3) the scrutiny of organizational regulations, and (4) the case of organizational members refusing to participate in certain activities. Regardless of what free speech protections are available to an employee, they are only as good as the employee's ability to press a free speech claim. Two practical problems are involved in this: lack of due process hearings and the complexity of organizational punishments. It is clear, then, that while the First and Fourteenth Amendments of the…

(2006). Spotlight on Speech Codes 2006: The State of Free Speech on Our Nation's Campuses. Foundation for Individual Rights in Education (NJ1) This year, the Foundation for Individual Rights in Education (FIRE) conducted an expansive study of just how pervasive and how onerous restrictions on speech are at America's colleges and universities. Between September 2005 and September 2006, FIRE surveyed over 330 schools and found that an overwhelming majority of them explicitly prohibit speech that, outside the borders of campus, is protected by the First Amendment to the U.S. Constitution. Highlights from FIRE's research include: (1) Davidson College in North Carolina prohibits "comments or inquiries about dating," "patronizing remarks," "innuendoes," and "dismissive comments"; (2) At Jacksonville State University in Alabama, students can be punished if they "offend" anyone "on university owned or operated property"; and (3) At the University of Mississippi, "offensive language is not to be used" over the telephone. This report is intended to serve as a brief… [PDF]

Jo, Seog Hun (2002). The Legal Standard on the Scope of Teachers' Free Speech Rights in the School Setting. Journal of Law & Education, v31 n4 p413-30 Oct. Explores tests for determining teachers' free-speech rights established in two Supreme Court decisions: "Pickering" and "Connick." Analysis includes discussion of confusion between teacher's status as a citizen and that of an employee. Concludes that courts should use the balancing principle in "Pickering" to determine the scope of the First Amendment free-speech clause for public employees. (Contains 75 references.) (PKP)…

McLeod, Kembrew (2010). Everything Is Connected. Quarterly Journal of Speech, v96 n4 p421-426 Nov. In this article, the author shares his experience and insights gained from his experience that he continued to carry in his role as a teacher, researcher, and cultural producer. In his own work, the author seeks to blur the distinction between scholarship, everyday life, and the arts. Working alone and with other people, he has written books, published articles, and–in an attempt to translate his scholarship for a wider audience–he also makes educational documentaries. By turning a chapter from his book into a documentary, the author tells the same tale, but in an audiovisual medium. He points out that his interest in copyright and free speech is the primary reason he publishes his academic work under a Creative Commons license and other forms of open access publishing. He contends that one of the stupidest ways scholars can limit their engagement with the public is to block it behind a password-protected firewall. There are also very practical, self-interested reasons why scholars… [Direct]

Dusseldorp, Elise; Schmid, Monika S. (2010). Quantitative Analyses in a Multivariate Study of Language Attrition: The Impact of Extralinguistic Factors. Second Language Research, v26 n1 p125-160. Most linguistic processes–acquisition, change, deterioration–take place in and are determined by a complex and multifactorial web of language internal and language external influences. This implies that the impact of each individual factor can only be determined on the basis of a careful consideration of its interplay with all other factors. The present study investigates to what degree a number of sociolinguistic and extralinguistic factors, which have been previously demonstrated or claimed to be relevant in the context of language attrition, can account for individual differences in first language (L1) proficiency. Data were collected from attriting populations with German as their L1: one in a Dutch language context (n = 53) and one in a Canadian English setting (n = 53). These groups were compared to a reference group of Germans in Germany (n = 53). Overall, the proposed outcome measures (derived from both formal tasks and a free speech task) are argued to be stable and valid… [Direct]

Allred, Stephen (1989). A Legal Guide to Public Employee Free Speech in North Carolina. Determining whether an employee's First Amendment free speech interests should prevail over legitimate employer concerns for an efficient workplace is a difficult question that this book attempts to answer. To give public employers and public employees an understanding of the legal framework in which free speech issues are decided is the purpose of this book. The first section traces the development of the public employee free speech right in the decisions of the United States Supreme Court, setting forth the basic analytical framework within which these cases are decided. The second section focuses more closely on the variables within the Supreme Court's analytical framework by examining a number of lower court decisions, paying particular attention to the decisions of the North Carolina Court of Appeals, the North Carolina federal district courts, and the Fourth Circuit Court of Appeals. (SI)… [PDF]

Parmer, Harry; Romas, Ted (1996). Workplace Violence, Hate Crime and Free Speech: A Proactive Approach. For community colleges, crime on campus is a complex and pressing issue since most maintain open campuses with no physical security features, such as entry control points or fencing. Workplace crimes can take the form of robbery or other violent crimes, domestic and misdirected affection cases, employer-directed situations, terrorism, and hate crimes. Hate crimes, or acts or threats against individuals based on race, religion, sexual orientation, national origin, disability, gender, or ethnicity, can have an impact on campus life much greater than other violent crimes. Further, it can often be difficult to distinguish hate crimes from constitutionally protected rights to free speech. To achieve a safe campus, it is important to understand how to manage threats and recognize the different levels of destructive anger that individuals might display, from feelings of being upset to blind rage. In any threat management effort, it is also important that a proactive approach be taken and… [PDF]

Cobb-Reiley, Linda (1992). Not an Empty Box with Beautiful Words on It: The First Amendment in Progressive Era Scholarship. Journalism Quarterly, v69 n1 p37-47 Spr. Examines the literature of the Progressive Era (1900-14) dealing with the meaning of free speech and press in theoretical terms. Suggests that early twentieth-century legal scholars gave new interpretations to the constitutional free press and speech guarantees and that the era was an important turning point in the evolution of our free press and free speech values. (PRA)…

Cain, Rita Marie (2010). Embedded Advertising on Television: Classic Legal Environment and Business Law Content \Brought to You by …\. Journal of Legal Studies Education, v27 n2 p209-246 Sum-Fall. Students are familiar with some or all depictions of branded products in popular television shows. But they probably have no idea the number of legal and public policy issues these product appearances are generating. This article explains how embedded advertising in television shows can be the attention-grabbing vehicle for teaching numerous concepts commonly covered in legal environment and business law courses. The Federal Communications Commission (FCC) uses the term \embedded advertising\ to describe two different, but related, marketing strategies: (1) product placement; and (2) product integration. Product placement is the use of a branded product as a prop in a production, for a fee. Product integration involves incorporating the branded product into the dialogue or plot of the sponsored program. The author analyzes these expanding marketing practices relative to numerous concepts that are taught in business law or legal environment courses. After discussing ways to introduce… [Direct]

Glazer, Nathan (1995). Levin, Jeffries, and the Fate of Academic Autonomy. Public Interest, n120 p14-40 Sum. Examines whether federal courts and the application of free-speech standards in academia are the proper ways to deal with the difficult issues faced by higher education. The author argues that they are not, and uses the Levin and Jeffries free-speech cases to illustrate this. (GR)…

(1995). Free Speech and Copyright in Cyberspace: Legal Issues Surrounding the Internet. Online Libraries and Microcomputers, v13 n3 p1-4 Mar. A characterization of the following major legal and political issues surrounding the Internet provides a framework for the future development of the Internet and cyberspace: free speech (libel); intellectual property rights (copyright); jurisdictional questions; and privacy. (AEF)…

Martinson, David L. (1979). How Does First-Week Intro Class Support Free Speech?. Journalism Educator, v33 n4 p103-05 Jan. An exercise requiring students in an introductory mass communications course to comment on issues in a freedom of speech case revealed that students may be more supportive of freedom of speech than is sometimes thought. (RL)…