Rossi, Anna L. (2003). The Exception to the Rule: Government Employers' Right To Restrict Free Speech of Employees. Journal of College and University Law, v29 n3 p719-44. Examines the current state of First Amendment rights of faculty at public colleges and universities. Using as a focus the recent case of Crue v. Aiken, analyzes the place of the prior restraint doctrine and the treatment of public employees in the free speech context, arriving at a conclusion that offers an extension of the restrictions allowed by public colleges and universities as government employers. (EV)…

Lugg, Elizabeth T.; Paterson, Frances R. A. (2002). The Emergence of a Fourth Type of Public Forum: Is the Quasi-Nonpublic Forum a New Paradigm for Student Free Speech Cases?. This paper is a presentation, in outline form, of the development of the "quasi-nonpublic forum," where cases involving student free speech push the envelope of what is acceptable under Constitutional law and what is appropriate/acceptable student behavior under constraints set by school regulations. Context is set by presenting court decisions regarding students' constitutional rights, such as "Tinker versus Des Moines Independent Community School District" (students wearing black armbands to protest the Vietnam War) and "Hazelwood School District versus Kulhmeier," in which school administration excised material from the school-sponsored newspaper. Later cases tell of the erosion of the Tinker/Fraser/Kulhmeier Standard, students' constitutional rights not being co-extensive with those of adults, and the drawing of the line involving religious proselytizing on school grounds during school session hours. The cases presented demonstrate a convergence of…

Epstein, Eve (1974). ERIC Reports: Liberty or License? Teaching Students Freedom of Speech. Speech Teacher, 23, 1, 72-6, Jan 74. Annotated list of ERIC processed documents on the rationale for teaching freedom of speech, some free speech issues, and teaching resources. (CH)…

Russomanno, Joseph A.; Trager, Robert (1993). Free Speech for Public School Students: A "Basic Educational Mission.". Noting that recent Supreme Court decisions (including Hazelwood School District v. Kuhlmeier and Bethel School District No. 403 v. Fraser) moved markedly away from protecting students' First Amendment rights, this paper examined justifications for granting public school students freedom of expression. Rather than looking at where students' First Amendment rights stand, the paper's focus is on where they should be. The paper notes that courts have granted students expressive rights (such as the case of "Tinker v. Des Moines Independent Community School District"), but then essentially withdrew them on legal (public forum) and educational (inculcating the majority's values) grounds that can lead only to continually diminished protection for students' freedom of expression. The paper argues that the approach should have been–and should be–utilizing freedom of expression rationales which are advocated for society at large. Arguing that the First Amendment is instrumental in… [PDF]

Jahn, Karon L. (1990). Racist-Sexist-Hate Speech on College Campuses: Free Speech v. Equal Protection. On college campuses today, the debate rages over whether self-restraint and tolerance for nonconformity is overriding a need to protect certain individuals and groups from objectionable speech. Some administrators, students, and alumni wish to prevent "bad speech" in the form of expressions of racism, sexism, and the like. Advocates for limiting "bad speech" argue that such expressions do not deserve first amendment protection because the messages cause irreparable harm and are meant to do so. Some researchers argue that the right to privacy which has been identified within the equal protection clause of the fourteenth amendment can limit sexist-racist-hate speech, but the Supreme Court's integrationist reading of the clause contradicts such a view. More speech, not less, is needed to break down the walls of classification, educate others, and provide for equality. Banning hate speech creates an exception to the first amendment which denigrates its meaning…. [PDF]

Haiman, Franklyn S. (1972). The Relationship of Age, Sex, Education and Urbanization to Free Speech Attitudes. This paper reports the findings of two surveys, compares them to previous research, and discusses the combined implications. Both surveys, (the first, conducted in Denmark in 1969; and the second, in Chicago and Evanston, Illinois, in 1971) reinforced previous findings of significant correlations between attitudes toward freedom of speech and the variables of age, sex, education, and urbanization. The author further discusses liberality of attitude as correlated with intravariable differences such as was found among younger and older adults, and suburban and central city residents, etc. From the collective research data a hypothesis is derived, namely, that levels of tolerance increase or diminish as the modes of expression in question appear to serve or threaten vested interests. (Author/LG)… [PDF]

Berkman, Richard L. (1970). Students in Court: Free Speech and the Functions of Schooling in America. Harvard Educational Review, 40, 4, 567-95, Nov '70. …

Geske, Joel (1991). Teaching Free Speech in Advertising Classrooms (Approaches to Teaching Freedom of Expression). Journalism Educator, v46 n2 p25-30 Sum. Argues that free expression is an important concept to teach to introductory advertising students. Explains how free expression can be taught through student role playing within a talk show format. Reports research showing student enthusiasm for the method. Concludes that the method can be successful in the large lecture classroom format. (SG)…

Grinstead, Kenneth (1978). Freedom of Speech Rights of Public School Students. This paper discusses the legal aspects of public school students' First Amendment free speech rights in the school setting. Tinker v. Des Moines School District, the most notable court decision upholding free speech rights, is used as a basis for discussion throughout. The paper reviews the current legal status of students' free speech rights as seen in post-Tinker Vietnam-related cases and race-related cases. Also discussed are students' rights to receive information and to refuse to participate in the flag salute. One section details problems involved with prohibiting the wearing of T-shirts with messages. The paper concludes that schools can prohibit the wearing of buttons and other emblems and insignia, picketing, the wearing of message-bearing clothing, and any speech that promotes diversion, disruption, or interference with the normal operation of the school. However, serious constitutional problems arise when schools limit rights protected by the First Amendment, such as…

Jenkins, Steve (1987). Equal Vote to Equal Voice. Update on Law-Related Education, v11 n3 p34-35 Fall. Offers a hypothetical case as a learning activity in which government regulation of campaign advertising and free speech is questioned. Provides questions for discussion. (BSR)…

Niehoff, Leonard M. (2003). The First Amendment. Journal of College and University Law, v29 n2 p225-48. Summarizes some of 2001's more interesting and important court cases regarding free speech in higher education, commenting on their effects on case law. (EV)…

Greenawald, Dale (1987). Freedom of Speech and Expression. Update on Law-Related Education, v11 n1 p23-24 Win. Using three landmark U.S. Supreme Court cases, this lesson teaches students in grades seven through twelve about the benefits and limits of free speech. (JDH)…

Barton, Richard L. (1976). The Lingering Legacy of Pacifica: Broadcasters' Freedom of Silence. Journalism Quarterly, 53, 3, 429-33, Aut 76. Suggests that commercial broadcasters are less capable of identifying and reacting to violations of free speech than are individuals who regulate the communication channels. (Author/RB)…

O'Neil, Robert M. (1990). The Pitfalls of Stifling Campus Speech. AGB Reports, v32 n1 p12-14 Jan-Feb. Rules designed to protect students from racism or sexism can run counter to free-speech guarantees. Programs fostering understanding might be a better alternative. (Author/MSE)…

Read, Brock (2006). When Animators Attack. Chronicle of Higher Education, v52 n23 pA29-A30 Feb. College administrators across the US are learning that chatter on e-mail, blogs, and social-networking sites can turn even minor faux pas into major controversies. The issue is discussed with reference to the firing of a teaching assistant whose Web site lampooned the president of Columbia College Chicago and left the institution facing serious questions about free speech and privacy…. [Direct]

Cavanagh, Sean (2008). \Academic Freedom\ Used as Basis of Bills to Question Evolution. Education Week, v27 n37 p1, 15 May. In another twist in the decades-long battle over evolution's status in public school science classrooms, state legislators are arguing that teachers have a right to raise doubts about that essential scientific theory as a matter of free speech. Similarly worded bills that attempt to protect the right of educators and students to present critiques of evolution on the basis of \academic freedom\ have emerged in at least five states. Those measures do not call for teaching \intelligent design\ or biblically based creationism. Instead, they generally describe evolution as controversial and seek to bar school administrators from interfering with teachers who describe what they see as flaws in the theory. The overwhelming scientific consensus, however, is that there is no debate about the core principles of evolution, which scientists regard as the only credible, and thoroughly tested, scientific explanation for the development of human and other life on Earth, and for its diversity of… [Direct]

Neal, John A.; Neal, Kay (1983). The Development of Protection of Political Expression in Wisconsin Supreme Court Cases: 1848-1925. Most communication courses and research involving freedom of speech examine issues by reviewing the decisions of the United States Supreme Court and the federal appelate courts. However, the high visibility of the federal courts can lead to a misguided emphasis by students of the history of free speech. Research into the development of present legal protections should concentrate on early decisions of state courts. For example, a review of the development of Wisconsin's interpretation of its constitutional provisions on free speech shows that many hundreds of cases before 1925 dealt, at least tangentially, with some aspects of free speech or free press. The most important aspect of its decisions was the degree of protection it afforded for criticism of public figures. By 1925, the court had provided itself with a number of precedents which it could choose to consider dominant in any particular case and may have been determined by the balance the court thought wise between the free… [PDF]

(1979). Labor Law Reform: The Regulation of Free Speech and Equal Access in NLRB Representational Elections. University of Pennsylvania Law Review, v127 n3 p755-97 Jan. After examining the existing legal standards governing free speech and equal access in representation elections, the author analyzes various reform possibilities and suggests a unified approach for legislative action. Available from the University of Pennsylvania Law School, 3400 Chestnut Street, Philadelphia, Pennsylvania 19104; $3.00 sc. (Author/IRT)…

Baule, Steve; Thompson, Rod (1998). Internet Safety or the Four Fs–Fouled in a Feud between Filtering and Free Speech. Book Report, v17 n1 p17,19-21,95 Sep-Oct. Discussion of free speech on the Internet focuses on three basic options open to schools trying to resolve the dilemma of protecting children while preserving intellectual freedom: commercial censorware, blocking, and filtering. Concludes that adult supervision is still the most effective means of regulating access to the Internet. (LRW)…

Arnett, Ronald C. (1990). The Practical Philosophy of Communication Ethics and Free Speech as the Foundation for Speech Communication. Communication Quarterly, v38 n3 p208-17 Sum. Argues that communication ethics and free speech are the foundation for understanding the field of speech communication and its proper positioning in the larger array of academic disciplines. Argues that speech communication as a discipline can be traced back to a "practical philosophical" foundation detailed by Aristotle. (KEH)…

Downs' Robert B. (1970). Freedom of Speech and Press: Development of a Concept. Libr Trends, 19, 1, 8-18, Jul '70. Retraces the series of events in English and colonial American history which led to the Constitution's First Amendment prohibiting interference with free speech and free press. (Author/NH)…

Francis, Leslie Pickering; And Others (1991). The Humanities and the Art of Public Discussion, Volume 3. Essays and Commentaries on Freedom of Expression, America's Role in the World, and U.S. Energy Policy. The three essays in this collection (the third in a series) explore the implications of free speech, the roots of American foreign policy, and the relation between U.S. political tradition and the formulation of policies on energy. Each essay is accompanied by a commentary. The essays, their authors, and the commentaries are: \The Pig in the Parlor: Weighing the Price of Free Speech\ (Leslie Pickering Francis, commentary by Delmont Oswald); \The City on the Hill: America's Role in the World\ (Joan Hoff, commentary by Kenneth L. Gladish); and \You Can't Always Get What You Want: The Paralysis of American Energy Policy\ (Howard Schwartz, commentary by Henry Hirschbiel). (DB)… [PDF]

Bird, Lee E., Ed.; Mackin, Mary Beth, Ed.; Schuster, Saundra K., Ed. (2006). The First Amendment on Campus: A Handbook for College and University Administrators. NASPA – Student Affairs Administrators in Higher Education What should college and university administrators do when the First Amendment seemingly conflicts with tightly held institutional values? Should administrators block, discourage, or attempt to adjudicate speech because it doesn't agree with their belief systems or institutional mission statements? This reader-friendly handbook addresses the responsibilities of administrators to balance protecting the rights of many different parties while maintaining a campus atmosphere conducive to learning. It offers practical advice and strategies for dealing with myriad First Amendment issues based on previous court cases and the experiences of administrators and campus hearing officers who have lived to tell about it. Written by leading practitioners in the fields of higher education and law, this easy-to-use guide provides: (1) thirteen real-life campus scenarios that deal with some of the most common free-speech issues facing American colleges and universities today–Each scenario provides… [Direct]

Chapman, Robin S.; Miller, Jon F. (1983). Using Microcomputers to Advance Research in Language Disorders. Theory into Practice, v22 n4 p301-07 Fall. Computer programs designed for testing and teaching language comprehension and for evaluating language production skills through the analysis of free speech samples in mentally retarded students are described. (JMK)…

Garber, Lee O.; Seitz, Reynolds C. (1971). Teachers and Other Employees. Yearbook of School Law, 201-251, 71. Discusses court litigation concerning the legal aspects of employment relating to certification and qualifications, salaries, contracts, dismissal problems, resignation, loyalty oaths, free speech, collective action, and faculty desegregation. (JF)…

Alba, Richard D. (1978). Ethnic Networks and Tolerant Attitudes. Public Opinion Quarterly, v42 n1 p1-16 Spr. Describes an empirical association between the ethnic homogeneity or heterogeneity of an individual's network of primary relations and his or her attitudes toward free speech and child rearing. (RL)…

Freund, Paul A. (1975). The Great Disorder of Speech. American Scholar, 44, 4, 541-59, Aut 75. In celebration of the introduction of printing into England by William Caxton in 1476, the author considered the promise and threat of free speech and the printed word. (Author/RK)…

Fischer, Louis; Schimmel, David (1974). On the Cutting Edge of the Law: The Expansion of Teachers' Rights. School Review, 82, 2, 261-79, Feb 74. Authors documented the expansion of the civil rights of teachers in six areas of conflict; academic freedom, free speech, organizational membership, personal life, personal appearance, and equal protection. (Editor/RK)…

Sears, David O.; Zellman, Gail L. (1971). Childhood Origins of Tolerance for Dissent. Journal of Social Issues, 27, 2, 109-136, Spr 71. Reports questionnaire data from 1384 children in grades five through nine. Reveals that political socialization of attitudes toward free speech apparently does occur during late childhood and early adolescence. (JM)…

Schliessmann, Michael R. (1986). The Ethics of Western Rhetoric as a Basis for Teaching Foreign Students. An increase in foreign student enrollment and subsequent questioning of traditional concepts of western rhetorical practice, particularly freedom of speech, resulted in an evaluation of current teaching practices in South Dakota State University's basic speech communication course. In a summer session course, 36 international students responded to a survey asking them to describe the best imagined speaker. The majority of respondents focused on traditional delivery mechanisms, but made little mention of free speech values. In the basic speech course, appreciation for freedom of speech is fostered through discussion of controversial issues. However, many foreign students come from countries where free speech is not a political right and where many feel it is improper to criticize their government. When students in the summer course were asked to prepare speeches detailing a harm in an existing policy system, only two students dealt with issues directly associated with their…