Sanford, Nevitt (1985). Some Recollections of the "Free Speech Movement.". Journal of Counseling & Development, v64 n1 p14-18 Sep. Describes the student revolt that began at Berkeley in September 1964, as observed, experienced, and interpreted by the author. (Author)…

Boffey, Philip M. (1970). Science and Politics: Free Speech Controversy at Lawrence Laboratory. Science, 169, 3947, 743-745, Aug '70. …

Dagley, David L.; Masters, Ann Browning (1995). Fairness to All: Free Speech and Civility in Conflict. Journal for a Just and Caring Education, v1 n4 p458-72 Oct. The authors debate whether institutions of higher learning should impose regulations or speech codes to ban sexually harassive speech believed to foster gender-based discrimination. Masters insists that narrowly crafted controls are necessary to make colleges and universities inviting to all. Dagley argues that speech codes are improper because they violate the First Amendment. (43 references) (MLH)…

Jervis, Jane L. (2004). Many Faces of Risk: Free Speech versus Public Safety. New Directions for Higher Education, n128 p15-33 Win. National controversy erupted when students at a public university invited a man who was on death row for killing a police officer to speak at their graduation ceremony. (Contains 1 note.)… [Direct]

Covington, William G., Jr. (2002). Balancing Free Speech and Government Protection in a Time of Threat. A common misconception among first-year university students is that the United States provides unabridged, uncensored absolute free speech rights. Evidently these assumptions are derived from popular press and entertainment industry images which place heavy emphasis on one end of the debate. It is a shock for some students to be exposed to the other side of the debate, i.e., the reality that there are some restrictions on free speech which exist, in part, for the protection of the individual. This paper first provides a historical context for free speech and government restrictions, citing court pronouncements on the issue. The paper discusses the results of the State of the First Amendment survey, taken after September 11, 2001, describing a pendulum shift in the wake of the attack on the United States. Forty-nine percent (49%) said the First Amendment goes too far in the rights it grants, a 10% jump from the previous year. It considers 1947's Hutchins Commission, which proposed… [PDF]

Dryden, Joe (2010). School Authority over Off-Campus Student Expression in the Electronic Age: Finding a Balance between a Student's Constitutional Right to Free Speech and the Interest of Schools in Protecting School Personnel and Other Students from Cyber Bullying, Defamation, and Abuse. ProQuest LLC, Ed.D. Dissertation, University of North Texas. In "Tinker v. Des Moines Independent School District", the Supreme Court ruled that students have speech rights in the school environment unless the speech causes or is likely to cause (1) a substantial disruption, or (2) interferes with the rights of others. The Supreme Court has yet to hear a case involving school officials' authority to regulate electronically-delivered derogatory student speech, and no uniform standard currently exists for determining when school authorities can discipline students for such speech when it occurs off campus without violating students' First Amendment rights. This dissertation examined 19 federal and state court decisions in which school authorities were sued for disciplining students for electronically delivered, derogatory speech. Eighteen of these cases involved student speech that demeaned or defamed school teachers or administrators. Only one involved speech that demeaned another student. Each case was analyzed to identify… [Direct]

McKivigan, John R. (2009). Howard Zinn and the Socially Conscious Academic. International Journal of Social Education, v24 n1 p27-32 Spr-Sum. In recent decades many people came to know Howard Zinn for his outspoken advocacy on a wide range of progressive causes, including civil rights, free speech, workers' rights, education reform, and opposition to U.S. imperialism. The author's own first encounter with Howard Zinn's special combination of scholarship and activism occurred several decades earlier, while he attended graduate school in the 1970s to study U.S. history. The first time the author read Zinn was in a short essay, entitled \Abolitionists, Freedom Riders and the Tactics of Agitation,\ in Martin Duberman's \The Antislavery Vanguard: New Essays on the Abolitionists\ (1965). This essay guided the author to Zinn's \SNCC: The New Abolitionists\ (Zinn 1964), one of his first monographs. In his essay Zinn attempted to stress the parallels between the early nineteenth century reformers who challenged not just slavery but the pervasive racial prejudice of their society and the recruits to the post World War II civil… [PDF]

Leas, Terrence; Russo, Charles J. (1995). "Waters v Churchill": Autonomy for the Academy or Freedom for the Individual?. West's Education Law Quarterly, v4 n1 p167-89 Jan. Reviews "Waters," a Supreme Court ruling involving the dismissal of a nurse for allegedly making critical remarks about institutional policy, against the backdrop of other higher education-related free speech cases. Speculates on "Waters'" influence on the free speech rights of college and university educators. (110 footnotes) (MLF)…

Jordan, Amy B. (2008). Children's Media Policy. Future of Children, v18 n1 p235-253 Spr. Amy Jordan addresses the need to balance the media industry's potentially important contributions to the healthy development of America's children against the consequences of excessive and age-inappropriate media exposure. Much of the philosophical tension regarding how much say the government should have about media content and delivery stems from the U.S. Constitution's First Amendment protection against government interference in free speech, including commercial speech. Courts, Jordan says, have repeatedly had to weigh the rights of commercial entities to say what they please against the need to protect vulnerable citizens such as children. This balancing act is complicated even further, she says, because many government regulations apply only to broadcast television and not to non-broadcast media such as the Internet or cable television, though Congress has addressed the need to protect children's privacy online. The need to protect both free speech and children has given rise… [PDF]

Peck, Robert S.; Symons, Ann K. (1997). Kids Have First Amendment Rights, Too. American Libraries, v28 n8 p64-65 Sep. Often overlooked in discussions about free speech and the Internet is the fact that children have First Amendment rights. Discusses First Amendment basics, existing state laws covering obscenity, First Amendment limits, free speech and public schools, student rights to challenge school board filtering, Internet filters in public library children's rooms, and the role of public librarians. (PEN)…

Marcy, William R. (1990). To Protect or Not to Protect–That Is the Question!. Update on Law-Related Education, v14 n1 p40-43 Win. Introduces students to the issues of constitutional free speech, and provides hypothetical situations that allows them to make decisions concerning a proposed action and to identify when free speech is protected by the First Amendment. Each action is based on a legal precedent, and the teacher is provided with case references to aid in classroom discussion. (NL)…

Eveslage, Thomas (1985). The First Amendment: Free Speech & a Free Press. A Curriculum Guide for High School Teachers. This curriculum guide is intended to encourage students to learn how everyone benefits when young people, other citizens, and the media exercise the constitutional rights of free speech and free press. Background information on free speech issues is provided, along with classroom activities, discussion questions, and student worksheets. There are 11 chapters. Chapters 1 and 2 summarize why the First Amendment should be studied and how that study might be approached. A brief discussion of how constitutional law and courts operate is provided in chapter 3. Other chapters outline and discuss specific free speech topics affecting the media. These include free expression versus government authority; libel; privacy and copyright; confidentiality, contempt, and the courtroom; obscenity, responsibility, and codes of ethics; and broadcast and advertising regulation. A chapter on students' rights and responsibilities reviews the earlier chapters within the context of the high school and… [PDF]

Csorba, Les, III (1986). Appeasing the Censors. A Special Report on Campus Free Speech Abuses. The issue of censorship of conservative speakers at major universities by students on the political left is discussed. It is argued that many campus liberals are being duped by committed radicals into supporting radical causes, and that in many cases, campus liberals betray the tradition of intellectual tolerance. The following concerns are posed: whether teachers are instilling their students with a respect for free institutions; whether colleges permit all viewpoints to be voiced and protected; and whether student organizations selectively defend the free speech rights of those with whom they agree. Documented cases of efforts to silence speakers on campuses are described. The result has been a monopolizing of debate on the larger college campuses by proponents of the radical left. Three organizations that are active on campuses nationwide that reject the democratic ethic of freedom of speech are discussed: The International Committee Against Racism, the Spartacus Youth League,…

Barnes, Judy (1976). Understanding Freedom of Speech in America: The Origin & Evolution of the 1st Amendment. In this booklet the content and implications of the First Amendment are analyzed. Historical origins of free speech from ancient Greece to England before the discovery of America, free speech in colonial America, and the Bill of Rights and its meaning for free speech are outlined. The evolution of the First Amendment is described, and the following aspects are analyzed: the freedom of speech clause; delineation of congressional, presidential, and judicial roles; the concepts of absolute and limited freedom of speech; the people and processes involved in defining freedom of speech and abridgement thereof; and the components of a speech situation which affect our freedom of expression (content, manner, place and time). (KS)…

Whitson, James Anthony (1988). Supreme Court Docket. "Special Characteristics" and Realities of Schooling. Social Education, v52 n4 p245-46 Apr-May. Interprets the Hazelwood School District (Missouri) censorship case. Contends that, because classrooms are places where ideas and expressions are presented to be studied and challenged, special limitations on the free speech rights of students are misplaced. Advocates a differentiated standard for free speech in schools, a standard that is fully informed by the knowledge, interests, and commitments of educators. (JDH)…

Travis, Jon E. (2000). Censorship in Higher Education: Is the Public Forum at Risk?. Community College Journal of Research and Practice, v24 n10 p809-821 Dec. States that, on the public campus, students, faculty, and administrators have the right to speak and to hear a wide range of opinions, even those that may be unpopular. Defines free speech, presents information on related case law, and includes a quiz devised to have the reader evaluate the legality of 25 administrative actions related to free speech. (Contains 43 references.) (PGS)…

DeMitchell, Todd; Stipetic, Joan (1995). The Superintendent, the School Board, and Free Speech: A Question of Loyalty. Clearing House, v68 n6 p367-71 Jul-Aug. Discusses issues regarding the superintendent, the school board, and free speech as raised in the case of Kinsey v. Salado Independent School District. Discuss the three different judgments in this case as it went through appeals, and their differing views of this relationship. (SR)…

Ross, Andrew (2011). Human Rights, Academic Freedom, and Offshore Academics. Academe, v97 n1 p14-17 Jan-Feb. Despite the carnage wrought on higher education by the Great Recession, evidence persists that the sector is still host to a speculator psychology. One example is the unabated stampede to set up branches and programs overseas. Colleges have many reasons to go offshore: (1) to reduce costs; (2) to build their "brands" in "emerging markets"; and (3) to spread their assets. Some have even been driven by genuine faculty interest in international education. But the rush to respond to lucrative offers from local governments, especially in China and the Gulf states, has all the hallmarks of high-risk investment. In the corporate world, casualties of overseas joint ventures are legion. It should be no surprise that several universities have crashed and withdrawn from this line of business: a major recent example is Michigan State University, which in July abandoned its Dubai campus. Nonetheless, the long-term prognosis for such ventures is rosy. According to analysts of… [Direct]

Varlotta, Lori E. (1997). Invoking a University's Mission Statement to Promote Diversity, Civility, and Free Speech. NASPA Journal, v34 n2 p123-33 Win. Explores the debate on diversity, clarifying how the positive effects of diversity activities outweigh potential problems. Explains the role of student affairs administrators in using the university mission statement to concurrently promote diversity, civility, and free speech. Describes the First Amendment as setting minimum parameters for university culture. (RJM)…

Cornwell, Nancy; Orbe, Mark P.; Warren, Kiesha (1999). Hate Speech/Free Speech: Using Feminist Perspectives To Foster On-Campus Dialogue. Journal of Intergroup Relations, v26 n1 p3-17 Spr. Explores the complex issues inherent in the tension between hate speech and free speech, focusing on the phenomenon of hate speech on college campuses. Describes the challenges to hate speech made by critical race theorists and explains how a feminist critique can reorient the parameters of hate speech. (SLD)…

Hall, H. L.; Wilson, Bradley (1998). The Internet: The Battle Continues. Organizations Join together to Support Free Speech. Communication: Journalism Education Today, v31 n4 p8-9 Sum. Reports on continuing efforts to block free access to the Internet, and describes how several national organizations have formed an alliance to support free speech on the Internet. Includes the Internet Free Expression Alliance's mission statement and URLs for seven organizations that provide information on this issue. (SR)…

Bernheim, Emily (1986). Free Speech for Public Employees: The Supreme Court Strikes a New Balance. School Law Bulletin, v17 n1 p8-17 Win. In "Connick vs. Myers" the Supreme Court applied a threshold requirement to an employee's First Amendment protection of free speech: speech must be related to public concerns as determined by the content, form, and context of a given statement. Discusses applications of this decision to lower court cases. (MLF)…

Villanueva, Margaret A. (1996). Ethnic Slurs or Free Speech? Politics of Representation in a Student Newspaper. Anthropology & Education Quarterly, v27 n2 p168-85 Jun. The conflict between free speech and ethnic slurs in a university newspaper is examined, and a critical reading of the student press is presented through the cultural anthropology of representation and critical legal theory. It is suggested that student action and institutional response can be successful alternative actions to litigation in court. (MMU)…

Shea, Christopher (1995). Stanford Anti-Harassment Policy Violates Rights of Free Speech, Cal. Judge Rules. Chronicle of Higher Education, v41 n26 pA32 Mar 10. A California superior court struck down a Stanford University antiharassment policy, saying that it restricted students' free-speech rights. The policy had banned face-to-face insults that stigmatize students on the basis of such things as race, sex, or religion. California law requires private colleges to grant students the same constitutional protections as public institutions. (MSE)…

Lines, Patricia; And Others (1983). Teachers' Rights to Free Speech and Academic Freedom. Issuegram 37. Teachers have the same rights as others, under the first amendment, to express their views outside the classroom. Inside the classroom, however, the teacher is obliged to meet the expectations of the job, and this implies reasonable restrictions on the expression of private views. United States Supreme Court cases have reviewed the teacher's right to express views outside the classroom. Only a few lower courts have explored the protection extended to a teacher in the classroom. Most states leave issues involving teachers' first amendment rights and academic freedom to local school or university officials. Specific principles have emerged from Supreme Court decisions on teachers' first amendment rights. Teachers are free to speak out on public issues. Teachers are entitled to constitutional protection of privately expressed views. Teachers have a right to freedom of association. An unsatisfactory teacher may be discharged, so long as the discharge is based upon factors other than the… [PDF]

Flygare, Thomas J. (1978). The Free Speech Rights of Teachers: Public v. Private Expression. Phi Delta Kappan, v60 n3 p242-43 Nov 1978, Nov78. Unlike earlier cases, in Givhan the Supreme Court has accepted for consideration a case in which a teacher was dismissed for private rather than public speech. (IRT)…

Wilson, Robin (1989). Colleges' Anti-Harassment Policies Bring Controversy over Free-Speech Issues. Chronicle of Higher Education, v36 n5 pA1,38-39 Oct 4. Institutions that have adopted anti-harassment plans have taken one of two approaches: some penalize students for verbally or physically attacking other students, while others prohibit students from engaging in any kind of offensive behavior, regardless of whether it is directed at an individual. (MLW)…

Hiers, Richard H. (1995). New Restrictions on Academic Free Speech: Jeffries v. Harleston II. Journal of College and University Law, v22 n2 p217-79 Fall. Two sets of Supreme Court cases are examined and their links discussed in the context of the recent Jeffries v. Harleston court case concerning the City College of New York. The first pertains to and reflects general protection of academic freedom in public colleges and universities; the second concerns speech rights of public school teachers and other public employees. (MSE)…

DeMitchell, Todd A. (1996). Speech and Religion at the Margin. "Rosenberger v. University of Virginia.". International Journal of Educational Reform, v5 n2 p229-36 Apr. In "Rosenberger versus University of Virginia," the U.S. Supreme Court held that the university violated students' free speech rights by withholding financial support for a student publication, based on its religious orientation. This case explored the intersection of two powerful constitutional protections–free speech and the Establishment Clause. The split decision failed to address how much assistance the state can give religion. (18 references) (MLH)…

Beezer, Bruce (1989). U.S. Supreme Court Decisions in Bethel and Hazelwood: Is the Pig in the Parlor Gone?. The "pig in the parlor" refers to a growing area of censorship. In this paper, "parlor" stands for public schools, and "pig" for speech that need not be protected if it occurs at an inappropriate time or place, i.e., if such speech is not considered to bear the "imprimatur" of the schools. A review of the U.S. Supreme Court decisions affords insight into the meaning of free speech as a democratic value in the context of the public school setting. This review of Court cases focuses on: (1) a brief overview of the law governing free speech; (2) specific legal concepts pertinent to free speech in the context of the public schools; (3) a discussion of two recent Supreme Court decisions on free speech in schools and subsequent lower court decisions; and (4) some general conclusions concerning issues related to the conference's theme of "Ethics and Democratic Values in the Education Profession." The two cases discussed are the "Bethel…