Sorenson, Gail Paulus (1980). Intellectual Freedom in the Public Schools: An Assessment of "Tinker" and Its Progeny, 1969-1979. In 1969, in "Tinker v. Des Moines," the Supreme Court declared that both students and teachers were entitled to exercise their constitutional rights while in school. The purpose of this dissertation was to discover whether the propositions and the philosophy of "Tinker" have been used by state and federal courts to support intellectual freedom in the schools. The first two chapters survey various interpretations of the purpose and importance of free speech and examine the importance of intellectual freedom for education in a democratic society. Against this background, cases involving issues of intellectual freedom for teachers and students in public schools are then analyzed. Consideration is given to how the courts have balanced the preferred right of free speech with the unique needs and purposes of public schools. It is concluded that the major importance of the Tinker case has been its recognition and reassertion of a philosophy that respects children's… [PDF]

(1970). Dissent and Discipline in Secondary Schools. Course Materials. This collection of eight articles focuses primarily on the nature and extent of legal involvement in secondary school dissent and discipline. In the first article, the problem of school decentralization is viewed in terms of the conflicts which it creates. Another article presents the relevant legal decisions which aid in clarifying just what is included in the concept of constitutionally protected free speech. In three related articles, the following areas are dealt with: (1) the significance of the Tinker vs. Des Moines Schools decision (the black arm-band case) in expanding the applicability of constitutional free speech guarantees to the public school setting; (2) three constitutional theories under which the validity of public school regulations of students' hair styles may be attacked; and (3) the test of reasonableness as applied to long hair bans in public schools. In contrast to the dominant current focus, a lengthy article concerns itself with the non-constitutional limits…

Frels, Kelly; Schneider-Vogel, Merri (1986). The First Amendment and School Employees: A Practical Management Guide. How to Prevent the First Amendment Case–Suggested Actions and Forms Applying the First Amendment Standards to the School Environment. This guide reviews legal standards inherent in the First Amendment and recommends management techniques that ensure employees' free speech rights while maintaining school efficiency. Section 1, "Introduction," presents an overview of the trend toward litigation in which public employees allege that school officials have violated First Amendment rights. "The First Amendment Standards in School Employment," section 2, applies Supreme Court holdings to the school environment. Section 3,"The Usual First Amendment Case," explores the reasons employees normally sue–perceived unfair or undignified treatment. "Preventing the First Amendment Case," section 4, recommends that officials avoid circumstances that lead to lawsuits. The section investigates leadership, employees' rights, evaluation and documentation, and the grievance process. Section 5, "Potential First Amendment Pitfalls," evaluates problem areas in management decisions,…

Richards, Joe B. (1992). Student Expression: The First Amendment Does Not Protect Everything. (Student Newspapers, Handouts, Protests, Gangs, and Hate Speech). The U.S. Supreme Court decision in "Hazelwood School District v. Kuhlmeier" established that a public high school newspaper, produced by students in a journalism class, is not a forum for public expression. The Court said that although school board policy specified that student free speech would not be restricted, other factors concerning the newspaper's publication made oversight by the principal allowable. This decision established educators' right to exercise editorial control over school-sponsored publications as long as the actions served legitimate teaching concerns. In "Tinker v. Des Moines Independent School District," the Court established that schools may punish student expression only when it substantially disrupts school activities. Two cases, "Rivera v. East Otero School District" and "Hemery v. School Board of Colorado Springs," defined how schools may regulate the distribution of religious materials. The Eugene, Oregon, school… [PDF]

Herrington, TyAnna K. (1998). The Interdependency of Fair Use and the First Amendment. The backlash against public access to information, coupled with misinterpretations of the relationship between fair use and the First Amendment, not only threaten educators' ability to access information for educational purposes, but create roadblocks for the public's constitutionally supported right to participate in democratic dialogue. The result is that all educators, particularly those who teach in networked classrooms, could face much greater restrictions to the information that provides the basis for learning simply because they choose the Internet as a means of access. The 1976 Copyright Act established that the "fair use" of copyrighted work for purposes such as criticism, comment, news reporting, teaching, scholarship, or research is not an infringement of copyright. The First Amendment's free speech protections ensure the free flow of information, but the copyright clause provides a limited yet exclusive statutory monopoly to authors, which allows them to… [PDF]

Lattermann, Christina; Shenker, Rosalee C.; Thordardottir, Elin (2005). Progression of Language Complexity during Treatment with the Lidcombe Program for Early Stuttering Intervention. American Journal of Speech-Language Pathology, v14 n3 p242-253 Aug. The Lidcombe Program is an operant treatment for early stuttering. Outcomes indicate that the program is effective; however, the underlying mechanisms leading to a successful reduction of stuttering remain unknown. The purpose of this study was to determine whether fluency achieved with the Lidcombe Program was accompanied by concomitant reduction of utterance length and decreases in linguistic complexity. Standardized language tests were administered pretreatment to 4 male preschool children. Spontaneous language samples were taken 2 weeks prior to treatment, at Weeks 1, 4, 8, and 12 during treatment, and 6 months after the onset of treatment. Samples were analyzed for mean length of utterance (MLU), percentage of simple and complex sentences, number of different words (NDW), and percentage of syllables stuttered. Analysis revealed that all participants presented with language skills in the average and above average range. The children achieved an increase in stutter-free speech… [Direct]

Johnson, Claudia (1994). Stifled Laughter: One Woman's Story about Fighting Censorship. Part memoir, part courtroom drama, part primer for fighting assaults on free speech, this book narrates a 5-year-long federal battle which began in 1986 to reinstate several literary classics to the reading list of a public high school in Lake City, Florida. The book recounts how the superintendent, the local school board, and several religious fundamentalist preachers agreed to ban Aristophanes'"Lysistrata" and Chaucer's "The Miller's Tale" from the high school's classrooms, despite the objections of English teachers and other citizens–the volume in question was part of a Heath humanities series, had passed the state evaluation procedure, and had been used since 1980. Relating how the issue was taken to several courts, from the United States District Court, to the Court of Appeals, the book quotes dialogue from school board meetings and courtroom testimony to show how several citizens, supported by the ACLU, refused to give in to the more repressive elements in…

Nold, Gunter (1978). Children's Use of a Second Language in the Classroom: A Contrastive Analysis of Discourse. Lektos: Interdisciplinary Working Papers in Language Sciences, Vol. 3, No. 1. Linguistic and pedagogical considerations about children's use of a second language in the classroom are discussed with reference to samples of speech obtained from ten to twelve year old children in Germany. The children had been taught the second language of English. The speech is examined in relation to functional and sociolinguistic criteria of discourse analysis. Speech is analyzed as a series of three transactions: the first two transactions are mixed informing and eliciting transactions, and the third is a directing transaction. Classroom discourse in which the students' speech behavior is tightly controlled by the teacher and free speech in the classroom are both analyzed. A German version of classroom discourse is contrasted with an English one. Language functions are viewed as integrated into a model of communicative competence. Two texts are discussed that are meant to show how children play the roles of adults. Pragmalinguistic and sociolinguistic analyses of the English…

Schmidt, Peter (2009). Professors' Freedoms under Assault in the Courts. Chronicle of Higher Education, v55 n25 pA1 Feb. Recent court rulings have challenged the long-held concept of academic freedom for faculty members. As an associate professor of mechanical engineering at the University of Wisconsin at Milwaukee, Kevin J. Renken says he felt obliged to speak out about his belief that administrators there were mishandling a National Science Foundation grant to him and several colleagues. When the university subsequently reduced his pay and returned the grant, he sued, alleging illegal retaliation. Because he is a tenured faculty member, and he viewed the public university's use of public funds as a matter of public interest, Mr. Renken felt his complaints qualified as legally protected free speech. However, the U.S. Court of Appeals for the Seventh Circuit ruled last September, that Mr. Renken's statements about the grants were not legally protected speech because he made them as a public-college professor and they related to his job. In order for a public employee to raise a successful First… [Direct]

LeBlanc-Wicks, Jan (1986). Free Speech vs. Free Enterprise: The Public Policy Clash between the First Amendment and the Right of Publicity. Intended to help clarify issues surrounding the right of publicity (protection against the unauthorized commercial appropriation of a person's name, likeness, achievements or characteristics), this paper provides explanations of how the right developed, what it protects, how it has been applied in various jurisdictions around the country, and the issues raised by these decisions. The report also proposes guidelines to provide solutions for conflicting public policy issues. Following a brief introduction, posing some of the questions generated by the right of publicity, the report is divided into the following sections: (1) development of the right of publicity (historical development, public policy rationale, publicity's development from privacy, and public policy rationale for the right of publicity); (2) scope of the right of publicity (personal characteristics protected by the right, individuals protected by the right, duration of the right, and jurisdictional considerations);…

Moslein, Kurt (1971). Zu einigen Fragen der Sprechleistung in freier monologischer Rede (On Various Questions of Language Skill in Free Speech). Deutsch als Fremdsprache, 8, 1, 30-34, 71. …

Threaplton, Maureen (2002). Free Speech in Private Universities: The Marketplace of Ideas vs. the Market: An Examination of Keady v. Nike. Journal of College and University Law, v28 n3 p663-85. Examines the civil rights claims raised by a university coach claiming he was forced to resign because he refused to wear contracted Nike apparel. Explores the state of the law regarding restrictions on private employers' control of employees' political activities, and asserts that to make up for the lack of legal protection, employers should voluntarily give employees this freedom. (EV)…

Reindl, Travis (2006). The Culture Wars Come to Campus–Again. College and University, v81 n2 p43-44 Fall. As primary contributors to the marketplace of ideas, colleges and universities have historically been the locus of contention for the worldviews of the left and right. Debate has become more heated in recent years, fueled by the war in Iraq and the renewed prominence of moral issues such as reproductive rights and same-sex marriage. In this environment, some conservative groups are crying foul on the nation's campuses, charging that pervasive liberalism in academe creates a hostile environment for free and fair exchange, particularly for right-leaning students. These interests have focused their attention and efforts on three primary fronts: (1) Academic Bill of Rights; (2) Tenure and Faculty Free Speech Rights; and (3) Political Speech Outside the Classroom…. [Direct]

Wilson, John K. (2005). Academic Freedom in America after 9/11. Thought & Action, p119-131 Fall. College campuses around the country reacted to the September 11, 2001, terrorist acts with rallies, vigils, discussions, and a wide range of debates about the causes and cures for terrorism. Yet the story told about academia in the media was often quite different. Conservatives claimed that the reaction to 9/11 in academia was another example of "political correctness" run amuck. This article discusses the issue of free speech on academic campuses nationwide…. [Direct]

Martz, Carlton (2000). Civil Disobedience. Bill of Rights in Action, v16 n3 Spr. This theme issue looks at three historical and recent instances of civil disobedience. The first article examines the Free Speech Movement, which arose on the Berkeley campus of the University of California in the 1960s. The second article recounts the struggle of Mahatma Gandhi to free India from the British Empire. The final article explores the anti-abortion rescue movement. Each article includes questions for class discussion and writing, a further reading list, and classroom activities. (BT)… [PDF]

Boone, Sherle Leon (1975). Language, Cognition, and Social Factors in the Regulation of Aggressive Behavior: A Study of Black, Puerto Rican, and White Children. The purpose of this study was to investigate the Language Agression Hypothesis. This hypothesis suggests that measurable high language proficiency is associated with low observable aggression and low language proficiency is associated with high observable aggression. Consideration was also given to qualitative differences in aggressive behaviors as a function of family income, race, age, number of parents in household, and school membership. Further data on differences in free speech and its relationship to the former variable were treated. The subjects were 55 black, 25 Puerto Ricans, and 50 white male fourth, fifth and sixth graders selected from schools within the Newark public school system. Aggression was measured using an adaptation of the physical and verbal categories employed by Walter Pearce and Dahms. The vocabulary subtest of the WISC, Metropolitan Reading Test (Elementary Form), and measures of free speech were used to measure language proficiency of subjects. The…

Gaziano, Cecilie (1977). An Investigation of the Relationship between Public Opinion and Supreme Court Decisions. Public opinion polls about freedom of speech issues during a 30-year period (1937-70) were compared with Supreme Court decisions for the same period to determine the effects of public sentiment on judicial decision making. Two-thirds of the decisions conformed to a constitutionality model (that the Court should always uphold the First Amendment regardless of majority public opinion). However, a public opinion model (that the Court should always heed public opinion in its decision making) explained the outcomes one-third of the time when one of two conditions obtained: either when at least 35% to 40% of the population supported free speech for political extremists, or when a low level of public opinion was in favor of free speech. Dominance of the public opinion model was greatly apparent during two periods of public hostility against Communists and during one period of strong public feeling against antiwar demonstrators. Further support of the public opinion model comes from a graph… [PDF]

Osser, Harry; And Others (1968). A Study of the Communicative Abilities of Disadvantaged Children. Final Report. The purpose of this series of four studies was to precisely describe the code and dialect features of the speech of both lower class Negro children and middle class white children. In the first study, 16 white middle class (WMC) children were compared to 16 Negro lower class (NLC) children on both an imitation and a comprehension task. The WMC subjects scored significantly higher on both tasks, even after the scores of the NLC subjects on the imitation tasks were improved by adjusting them for differences of dialect in the children's responses. No adjustment, however, was made for the administering of both tasks in standard English. The second study took free speech samples from 20 NLC and 20 WMC 5-year-olds to discover any possible linguistic code variations between groups. The WMC subjects showed a significantly superior range of syntactic structures, but there was no significant difference between groups in the use of specific types of complex sentences. The same free speech… [PDF]

Beckham, Joseph C. (1984). School Officials and the Courts: Update 1984. ERS Monograph. This is the seventh in a series of Educational Research Service (ERS) monographs designed to summarize judicial decisions on elementary and secondary education issues by state and federal courts. These cases, dating from June 30, 1983 to June 30, 1984, were selected on the basis of their relevance to contemporary problems in public schools, their definitiveness as articulations of existing law, and their reliability as consistent guides to educational policymaking and practice. The first chapter reviews cases pertaining to school boards and board members, covering such issues as school integration, investigative powers, reduction in force, and contract authority. The second, pertaining to administrators, covers free speech issues, evaluation, discrimination, and salary and tenure cases. The third chapter covers finance issues, while the fourth deals with collective bargaining law. The fifth chapter discusses cases on issues pertaining to teachers, such as cause for dismissal, union…

Stevenson, James A. (1983). America's Public Classrooms: The Courts and Radical In-Class Utterances. America's legal-educational history is filled with scores of cases of alleged radical teachers who have been legally excluded or removed from public school positions. Only a few of these cases have involved the First Amendment issue of inclass utterances by radicals. Such cases are significant because they highlight the established society's attitude toward free speech and antithetical sociopolitical views. Until recently that attitude could be characterized as primarily repressive. Even now there is no guarantee that the tolerant attitude and opinions expressed in "Keyishian vs. Board of Regents" and "Communist Party of Indiana vs. Whitcomb" will not be reversed. Indeed, because the courts reflect as much as they shape the trends of the times, the history of United States judicial decisions suggests that such attitudes might be reversed at any moment. Certainly, Justice Oliver Wendell Holmes's concept of "clear and present danger" enables the courts to…

(2006). Talking about Israel: 3 Responses. Chronicle of Higher Education, v53 n17 pB16 Dec. Alan Wolfe's article "Free Speech, Israel, and Jewish Illiberalism" prompted numerous responses on The Chronicle's online discussion forum. The essay commented on the debate that erupted following the Polish Consulate's decision to cancel a speech by the scholar Tony Judt–allegedly prompted by protests over his critical views of Israel from the Anti-Defamation League and other Jewish groups–and the numerous petitions in support of his right to speak that were signed by leading scholars and intellectuals around the country. This article notes the responses of Abraham H. Foxman, national director at Anti-Defamation League, Norman Birnbaum, professor emeritus at Georgetown University Law Center, and Harvey Cox, divinity professor at Harvard University, to the article written by Wolfe…. [Direct]

Beckham, Joseph C. (1983). School Officials and the Courts: Update 1983. ERS Monograph. Sixth in a series providing a scope treatment of case law on a wide range of public school issues, this monograph reviews selected federal and state decisions handed down between June 30, 1982 and June 30, 1983. School board issues covered include at-large election, open meeting laws, and authority to close schools, reduce slaries, interpret disciplinary policy, and limit information dissemination. Decisions involving administrators include certification and licensure, suspension, corporal punishment, tenure, nepotism, and discrimination. Finance issues include tax deduction for educational expenses, misapplication of federal funds, and charging nonresident tuition and activity fees. Cases concerning collective bargaining involve mandatory subjects, selection and authority of bargaining representative, seniority versus affirmative action, cost-of-living clauses, contract enforcement, grievance administration, and bias-in-strike resolutions. A section on teachers reviews decisions on…

Rothstein, Larry (1978). New Directions in Mass Communications Policy: Implications for Citizen Education and Participation. This paper, the second in a series of five on the current state of citizen education, focuses on mass communication. The following topics are discussed: communications today; the system of freedom of expression; social science research on the media (includes the audience and public information); minorities and the media; public broadcasting; television: violence and children's programming; public service advertising (includes advocacy advertising and free speech messages); the Communications Act of 1978; communication technologies; and the communication system and the future. (EM)… [PDF]

Jacobs, Thomas A. (2010). Teen Cyberbullying Investigated: Where Do Your Rights End and Consequences Begin?. Free Spirit Publishing The Internet age has led to a different kind of teen bullying: cyberbullying. What is cyberbullying and what can teens do about it? In \Teen Cyberbullying Investigated,\ Judge Tom Jacobs presents a powerful collection of landmark court cases involving teens and charges of cyberbullying and cyberharassment. This riveting, informative guide will help young people understand what cyberbullying is and is not, recognize when they may be its victims or perpetrators, and learn tactics for successfully dealing with it. What can young people do about this new type of bullying? In his timely book, Judge Jacobs shares a wealth of knowledge, ideas, suggestions, and expert opinions honed from his years as a juvenile court judge, law professor, and author. Each chapter features a seminal cyberbullying case and resulting decision, asks readers whether they agree with the decision, and urges them to think about how the decision affects their lives. Chapters also include related cases, tips,… [Direct]

Cahn, Steven M., Ed. (1990). Morality, Responsibility, and the University. Studies in Academic Ethics. This book presents 14 essays from American philosophers who critically investigate the moral issues generated by academic life. Topics addressed include free speech on campus, justifications for tenure, faculty appointment and evaluation procedures, the differing demands of research and teaching, sexual harassment, parietal rules, business/university partnerships, and the ideal of institutional neutrality. Essays and their authors are as follows: "Human Rights and Academic Freedom" (Alan Gewirth); "Free Speech on Campus" (Judith Wagner DeCew); "Tenure: Academe's Peculiar Institution" (Andrew Oldenquist); "Ethics in Academic Personnel Processes: The Tenure Decision" (Rudolph H. Weingartner); "The Research Demands of Teaching in Modern Higher Education" (Theodore M. Benditt); "The Truth, the Whole Truth, and Nothing but the Truth" (Paul D. Eisenberg); "The Ethics of Graduate Teaching" (Robert Audi);…

Mawdsley, Ralph D.; Permuth, Steven (1985). Faculty Dismissal: Comparison of Public and Private Higher Education. In problems pertaining to faculty dismissal, public higher education institutions are subject to both constitutional and contractual constraints, whereas private schools are subject almost solely to self-imposed contractual limitations. In public institutions, teachers alleging termination for protected free speech bear the burden of establishing that fact. However, when the faculty member alleges protected free speech activity prior to the institution's decision for termination, the institution must prove that the faculty member would not have been renewed in any event, according to "Mt. Healthy City Board of Education v. Doyle" (1974). In a recent noneducation case, "Connick v. Meyers" (1983), the Supreme Court significantly restricted the First Amendment protected rights of speech of public employees only to matters of public concern. Courts have consistently refused to find state action in nonpublic schools. In private institutions, the written contract,…

Colbert, Kent R. (1987). A Stock Approach to Value Debate. Existing theories of value debating (resolutions dealing with values rather than policy) may be more effectively applied and developed when viewed as stock issues paradigms for debating values in competitive situations. Issues are vital to an advocate's cause because they are essential to the meaning of a proposition and can also provide an organization structure for a debate. However, debate judges often experience difficulty reaching objective and fair decisions when values become the focus of a debate. A solution to this problem may be found in the "stock issues approach." Values can be defined as acts or customs regarded in a particular and favorable way (e.g. privacy or free speech). Three stock issues for debating values that can be applied in the judging process are value criterion, value justification, and value objection. Value criterion consists of defining terms that imply value dimensions. Value justification is a designative issue that determines whether the…

(1976). The Legal Rights and Responsibilities of Students in Connecticut Public Schools. Educational legislation (both state and federal) and court decisions relevant to student rights and responsibilities in Connecticut public schools are presented in this handbook. Chapters cover the right to suitable education free from discrimination; First Amendment constitutional rights of free speech, association, and religion; search and seizure; drugs, personal problems, and confidential communications; school services and personnel; school discipline; student records; the rights and responsibilities attained at age 18 and under; and examples of illegal student behavior. The task force that assembled this handbook intends to include policy recommendations in a separate document. (Author/DS)… [PDF]

Bartman, Robert E.; Delon, Floyd G. (1979). Employees. The bulk of this chapter is devoted to three areas of contention: discrimination in employment (including discrimination on the grounds of race, sex, age, and handicapping condition), the discipline and dismissal of employees (including separate discussions of such causes as insubordination, neglect of duty, unprofessional conduct, incompetence, and reduction in force), and constitutional issues (both procedural matters and substantive matters of free speech, academic freedom, substantive due process, and privacy and association). Also included are discussions of litigation surrounding questions of tenure, remedies for improper action, salary disputes, leaves of absence, and retirement. (IRT)…

SOGOMONIAN, ARAM (1965). REPORT ON A SURVEY OF ATTITUDES ON CURRENT POLITICAL ISSUES. IN JANUARY OF 1965, THE COLLEGE ASKED 477 POLITICAL SCIENCE I STUDENTS TO COMPLETE A QUESTIONNAIRE INDICATING THEIR ATTITUDES TOWARD SEVERAL CONTROVERSIAL CONTEMPORARY PROBLEMS. STATISTICAL ANALYSIS SHOWED A RELATION OF ATTITUDES TO SEX AND AGE. VERY GENERALLY, WOMEN STUDENTS HELD FEWER POLARIZED AND MORE PACIFISTIC OPINIONS IN POLITICAL MATTERS THAN MEN. MEN, AS A GROUP, INDICATED GREATER OPPOSITION TO CIVIL RIGHTS EFFORTS. OLDER STUDENTS SHOWED MORE UNFAVORABLE REACTIONS TO THE BERKELEY "FREE SPEECH" DEMONSTRATIONS. REPONSES TO EACH QUESTION ON THE FORM ARE ANALYZED IN DETAIL IN THE REPORT. (AD)… [PDF]