Spreen, Otfried; Wachal, Robert S. (1973). Psycholinguistic Analysis of Aphasic Language: Theoretical Formulations and Procedures. Language and Speech, 16, 2, 130-46, Apr-Jun 73. Presents the background, rationale, and examples for a comprehensive psycholinguistic study of free speech samples obtained from 50 adult aphasics in comparison with those obtained from 50 adult normal speakers. (TO)…

Sanders, Wayne (1991). Ante-Publication Rights and Fair Use: Free Speech, Copyright and the Four Factors. This paper explores the rights of authors before publication of their works, if those works are to be published at all, and how these rights might yield to fair use of the works by other authors. Firstly, the paper examines the interests at stake of the three main groups involved: authors, the public, and people who wish to quote or closely paraphrase an author's work. Secondly, it discusses the rationale for copyright protections, fair use, and the first amendment, focusing on the Constitution and on the Copyright Act of 1976. Thirdly, the paper analyzes three recent decisions of the Supreme Court and the Second Circuit which involved quotations from unpublished works, looking at the facts of the three cases, the threshold copyrightability of the infringed material, and the four traditional fair use factors (purpose of the use, nature of the copyrighted work, amount and substantiality of the portion used, and the effect on the market). The paper's final section discusses the…

Dee, Juliet Lushbough (1987). Media Accountability for Real-Life Violence: A Case of Negligence or Free Speech?. Journal of Communication, v37 n2 p106-38 Spr. Reviews U.S. court decisions on cases in which a child or young adult was the victim of violence that was said to have been induced by the media. Suggests that the courts have generally hesitated to hold media organizations accountable for inciting the violent acts of individuals. (NKA)…

Goodman, Carl F. (1977). Public Employment and the Supreme Court's 1976-77 Term. Public Personnel Management, 6, 5, 283-93, Sep-Oct 77. Reviews recent Supreme Court decisions involving or affecting public employees, including cases related to dismissal of untenured employees, free speech rights of public employees, union rights, and equal employment opportunity. (Author/JG)…

Mangan, Katherine S. (1987). College Can Fire Teacher for Swearing at Student in Class, U.S. Court Rules. Chronicle of Higher Education, v33 n19 p13,14 Jan 21. An appellate court found that a college faculty member's use of offensive language in class was unprofessional, interfered with instruction, and not protected by principles of free speech and academic freedom. (MSE)…

McDermid, Nancy Gossage (1979). Freedom of Expression: A Bibliographic Essay. Journal of the American Forensic Association, v15 n3 p192-96 Win. Reviews some of the literature on issues and cases in freedom of expression and First Amendment rights used in teaching a speech communication class about "Issues in Free Speech." (JMF)…

Maxey, Phyllis F. (1983). Advertising and Free Speech. Instructor's Guide [and] Student Materials. Business Issues in the Classroom. Revised. One of a series of high school level units on business issues, this packet introduces students to a new type of business advertising, "issue ads." This non-product advertising allows a corporation or business organization to express its viewpoint directly to the public. Because this is a complex issue, the unit is recommended for students with some background in business study. A teacher's guide and student materials are provided in two separate sections. Following an overview of activities and objectives, the teacher's guide outlines four daily lessons. Also included in this section are answer keys, suggestions for follow-up activities, background readings, and recommendations for using business professionals as classroom resources. The student materials examine specific issue ads on government regulation, energy, and inflation and the arguments for and against this type of corporate free speech through four learning activities. These activities range from an analytical… [PDF]

Bickford, Rebekah S. (2010). Youth Access to Violent Video Games on Trial: The U.S. Supreme Court Takes the Case. Communique, v39 n2 p11-13 Oct. This fall, the U.S. Supreme Court will hear arguments in a case that promises to affect the lives of many children. Up for debate is whether a law aimed at curbing children's access to violent video games violates their constitutional right to free speech. Signed 5 years ago by Governor Schwarzenegger, the California statute, which has yet to take effect pending legal review, would prohibit the sale or rental of violent video games–games that include images of physical or sexual assault to humans–to anyone under the age of 18. The law would include a fine of $1,000 to be assessed to retailers violating these restrictions and add labeling requirements regarding video game violence. Video games have been increasingly available to children and adolescents for more than 3 decades. They were introduced to the American, Japanese, and European publics for home use in the early 1970s. Commercial viability was established with the advent of Atari and its premier game, Pong. In the almost 40… [Direct]

Horowitz, Irving Louis (1987). Monopolization of Publishing and Crisis in Higher Education. Academe, v73 n6 p41-43 Nov-Dec. Nonpublishing concerns are absorbing publishing operations, redefining them into either components of information networks or entertainment centers. Pressures toward profitability subvert independent decision making and a free speech environment is eroded by profit goals. (MLW)…

Sandler, Bernice Resnick, Ed. (1992). About Women on Campus. Volume 1, Numbers 1-4. Volume 2, Numbers 1-4. About Women on Campus, v1-2 n1-4 1992-93. These eight newsletters for women in higher education administration and teaching published in 1991 and 1992 contain regular features as well as topics special to each issue. Features that appear fairly regularly include brief news bits on students on campus, nonsexist language, working in academe, sexual harassment and sexual assault, women in science and engineering, news from around the world, resources, and job announcements. Individual issues offer lead articles. In the first issue "A New Name, New Programming, and All the News About Women on Campus" announces the newsletter and describes its mission. The second issue leads with "Good News: New Civil Rights Act Benefits Women" which notes effects on women of the 1991 Civil Rights Act. The third issue leads with "The Free Speech Debate" and discusses the "free speech versus harassment" conflict on campuses around the nation. The fourth issue follows up the free speech debate with further… [PDF]

Andersen, Kenneth E. (1985). An Analysis of the Ethical Groundwork of Franklyn Haiman's "Speech and Law in a Free Society.". A quick reading of Franklyn Haiman's writings on ethics and free speech would suggest many disparities in his early conception of the ethical communicator and in his conception of free speech and the activity it allows in a democracy. In the material on ethics, Haiman addresses the ideal of how people ought to communicate with others in an ethical way in a democratic society. In the work on free speech, he focuses upon the role that the state should play in regulating the communication activity within a democracy. Haiman argues, for example, that the state should act not to prevent speech but to protect speech. He further suggests that the state should act essentially to protect all speech, not just ethical speech. The congruency of these two views can be exemplified in thinking of the key virtues that ought to animate citizens in the democracy as they go about their roles as active participants in the polis. Haiman calls for the citizen communicator to be a person of great…

Caselli, Maria Cristina; Pizzuto, Elena (1992). The Acquisition of Italian Morphology: Implications for Models of Language Development. Journal of Child Language, v19 n3 p491-557 Oct. This study explores the spontaneous acquisition of Italian inflectional morphology by three children. Longitudinal, free speech samples are examined, focusing on the development of the morphological paradigms of Italian verbs, pronouns, and articles. (80 references) (JL)…

Bullough, R. V., Jr. (2000). The Sounds of Silence: Life in the Postmodern University. Educational Forum, v64 n4 p324-31 Sum. Argues that preserving privilege is the dominant aim of the postmodern university and that the faculty as \guild\ demands silence and conformity. Cites instances of careerism, suppression of free speech, and corruption of tenure practices. (SK)…

Forston, Robert F. (1972). How Communication Theory Could Be Used to Improve Judicial Decisions on Freedom of Expression. The author considers the current position of the Supreme Court on the First Amendment and the right of free speech. There are questions of distinction between what constitutes lawful or unlawful expressions of opinion, including the use of symbolic conduct, with respect to the communicator's intent, his effectiveness, and the clear and present danger of the act. The author proposes use of a communications game theory to assist in distinguishing between lawful and lawless communication. Using sports events as analogies, he discusses rules, tactics, and customs and their functions in games. He concludes that this game model could serve as a \unique, flexible perspective\ for analysis of communication situations, particularly in making decisions about protection under the First Amendment and violations of free speech. (RN)… [PDF]

Joyce, Robert P. (1985). Constitutional Protections of Teachers and Other Public Employees. School Law Bulletin, v16 n2 p6-12 Spr. Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech–though the privilege is not limitless–and to due process and equal protection under the law. (Author/DCS)…

Antonini, Thomas J.; And Others (1987). Case Comment: Harvard Law School Forum v. Schultz: When Exclusion of Aliens Under the Immigration and Naturalization Act Conflicts with First Amendment Rights of United States Citizens. Journal of College and University Law, v14 n1 p153-61 Sum. Court litigation and decisions concerning the conflict between first amendment rights of free speech for United States citizens and the rights of controversial international figures, invited by college faculty to speak on campus, are discussed and compared. (MSE)…

Gill, Ann M. (1991). In the Wake of "Fraser" and "Hazelwood.". Journal of Law and Education, v20 n3 p253-69 Sum. Reviews the pair of cases involving the free speech rights of public high school students; the response by legal commentators; and the court decisions in the wake of "Fraser" and "Hazelwood." (103 references) (MLF)…

Eveslage, Thomas (1987). Teaching Free Speech Values to High School Students: Keys to Persevering Despite the Obstacles. To examine why citizens today do not understand the U.S. Constitution and its provisions, a survey was conducted among 153 high school social studies, journalism, and English teachers to examine, among other things, how they taught about constitutional rights and how they rated their students' knowledge of the subject compared to students' knowledge 5 to 10 years ago, and how they felt their beliefs about constitutional rights compared with those of national professional organizations, students, administrators, and parents. Results showed that most teachers used a textbook to teach about constitutional rights, most were dissatisfied with it, but many were willing to use supplemental materials for the unit. Most teachers indicated that their students today rated higher in their support for traditional American institutions but lower in their understanding of them. Students' critical thinking skills were rated lower than those of students 5 to 10 years ago by 47.9% of the teachers… [PDF]

Le Duc, Don R. (1976). "Free Speech" Decisions and the Legal Process: The Judicial Opinion in Context. Quarterly Journal of Speech, 62, 3, 279-287, Oct 76. …

Knowles, Laurence W. (1970). Faculty Free Speech: Old Mores Crumble under New Legal Liberality of Recent Court Rulings. Nat Sch, 85, 5, 72-73, May '70. …

Heiser, Gregory M.; Rossow, Lawrence F. (1993). Hate Speech or Free Speech: Can Broad Campus Speech Regulations Survive Current Judicial Reasoning?. Journal of Law and Education, v22 n2 p139-54 Spr. Federal courts have found speech regulations overbroad in suits against the University of Michigan and the University of Wisconsin System. Attempts to assess the theoretical justification and probable fate of broad speech regulations that have not been explicitly rejected by the courts. Concludes that strong arguments for broader regulation will prevail only with difficulty. (MLF)…

DeLoughry, Thomas J.; Wilson, David L. (1994). Case of Computer Conference at California College Pits Free Speech against Civil-Rights Protection. Chronicle of Higher Education, v41 n5 pA26 Sep 28. Santa Rosa Junior College (California) is in dispute with the Department of Education's Office of Civil Rights over comments about women students, termed sexual harassment, made in a men-only computer conference. The college is negotiating with the federal agency over what it must do to respond to student complaints. (MSE)…

Nystrom, Christine L. (1979). Not by ANY Means: Doubletalk in the Service of \Humane\ Ends. ETC: A Review of General Semantics, v36 n3 p257-60 Fall. Shows that many \liberal\ educators who are in the thrall of obviously \humane\ doctrines oppose semantic tyranny or suppression of free speech by their political antagonists, while failing to descry their own manipulations of language and oppositions to others' rights. (GT)…

Hukill, Craig (1997). Labor and the Supreme Court: Significant Issues of 1992-96. Monthly Labor Review, v120 n1 p3-28 Jan. From 1992 to 1996, the Supreme Court decided a number of cases on labor law and employment law. Case topics included labor relations, pensions and benefits, employment discrimination, and privacy, free speech, and other issues in public sector employment. (JOW)…

McKee, Kathy Brittain; Panici, Daniel (1992). Governance of University Television and Cable Stations. Journalism Educator, v47 n3 p13-17 Fall. Investigates how student television and cable stations in higher education are governed, who is involved in the process, and how students are acquainted with their station's rules and policies, particularly the day-to-day application of free speech parameters. (SR)…

Ray, Sally J. (1987). News According to Pretoria: A Legal Perspective concerning the Suppression of Free Speech in South Africa. While the government of South Africa has outwardly promoted democracy since 1983, it nonetheless has placed its press under tight constraint to discourage dissent concerning political issues and enhance the government's credibility. Not only are journalists within the country restricted, but foreign correspondents as well. Moreover, although there are no official censors, censorship is implied by the laws because journalists are restrained from commenting freely and the subject matter on which they may report is limited to issues that are not contentious. The laws are so vague that journalists could easily report something the government subsequently objects to, which engenders a form of self-censorship. South Africa's government states that its mission is democracy, but its reaction concerning free speech contradicts its assertions. A free press is necessary to a democracy because it promotes discussion and dissent, which in turn fosters public consensus. The government, however,… [PDF]

McGaffey, Ruth (1983). Teaching Freedom of Speech. Journal of the Wisconsin Communication Association, v13 p12-21. The speech communication department at the University of Wisconsin, Madison, provides a rigorous and legally oriented course in freedom of speech. The objectives of the course are to help students gain insight into the historical and philosophical foundations of the First Amendment, the legal/judicial processes concerning the First Amendment, and the extra-legal forces and contemporary problems that restrict free speech, as well as the communicative process. The course requires a variety of readings, including Z. Chafee's "Free Speech in the United States," F. Haiman's "Speech and Law in a Free Society" and "Freedom of Speech," various Supreme Court decisions, and selections from the "Free Speech Yearbook," communication journals, and law reviews. Guest lecturers, such as attorneys, former graduate students, and First Amendment authorities are frequently invited to speak to the classes. For the two in-class and final exams, students write on…

Jacklin, Phil; And Others (1974). Access is Fairness: A Petition for Reconsideration of the Federal Communications Commission's Fairness Report, F.C.C. Docket No. 19260. Summary. This petition, submitted to the Federal Communications Commission (FCC), proposes an "adequate access policy" that would enable broadcasters to comply with the FCC's Fairness Doctrine. Following this policy, broadcasters would provide individuals with free public access time in the form of "free-speech messages"–one-minute, on-the-air spots repeated at various times throughout the week. The advantages of an adequate access policy are that it would remove the FCC from program-content regulation, it would free broadcast journalists from real or imagined inhibitions of the existing Fairness Doctrine, it would stimulate the initial airing of controversial programming, and it would provide contrasting, balanced views on issues already broadcast. A list of topics of free-speech messages that have been broadcast in San Francisco is attached. (RL)…

Rossiter, Charles M., Jr. (1970). The Effects of Various Methods of Teaching About Freedom of Speech on Attitudes About Free Speech Issues. The hypothesis that lessons which demand student involvement through leading a short discussion of required reading would result in greater attitude change in a liberal direction than would lessons taught by the lecture/discussion method was tested. Using members of four sections of a university course in communication, three sections received lessons about freedom of speech while the fourth section served as a control group. Two of the experimental groups were assigned to the lecture/discussion method, and one was assigned to a reports on readings by students/discussion method. Two of the experimental groups and the control group were pretested as to attitudes concerning free speech issues, and all four groups were posttested. As in a previous study, all three experimental groups who had participated in free-speech lessons showed attitude shifts in a liberal direction. The report/discussion group had the highest posttest mean. All experimental groups showed more permissive… [PDF]

Gorden, William I. (1971). Nine Men Plus. Supreme Court Opinions on Free Speech and Free Press. An Academic Game Simulation. The format of this text is dialogue–dialogue which involves formulating answers to knotty kinds of questions about free speech and free press which have worked their way to the Supreme Court. But it is a test meant to be played rather than read. Small groups within a classroom can simulate the Court's decision making process after minimal direction from the instructor. Or the whole class can debate and simulate a larger jury. The emphasis in the text is on the actual words of the justices who wrote the majority and dissenting opinions to the various First Amendment cases. The materials can serve as the basis for a whole course, or for a two- or three-week unit. Each simulation fits a normal classroom period. The cases within each division are chronologically arranged under one of six categories: 1) Academic Freedom; 2) Censorship; 3) Defamation and Libel; 4) Political Bissent; 5) Privacy; and 6) Provocation and Demonstration. Each case is briefly summarized and has ten exact…