Grill, J. Jeffrey (1974). The Effects of a Structured Language Training Program with Moderately Retarded Children. Evaluated was the effectiveness of daily 10-minute sessions in a structured language training program (Teaching the American Language to Kids) with 72 moderately retarded students ages 5- to 13-years. Lee's Developmental Sentence Scoring of free speech samples was used as the pre- and posttest. Gain scores of 17 experimental Ss (students who had met the test's minimum sentence production requirement) were significantly higher than scores of 12 control subjects, and comparison of pre- and posttest measures within the experimental group also indicated a significant gain. (CL)… [PDF]

Shulman, Carol Herrnstadt (1973). Employment of Nontenured Faculty: Some Implications of Roth and Sindermann. This report considers two 1972 Supreme Court decisions (Roth and Sindermann) concerning nonrenewal of contracts of nontenured teachers. At issue are the interpretations of the First and Fourteenth Amendments as they apply to violation of free speech and deprivation of alleged interests of \property\ or \liberty.\ Reactions of the education and legal communities to the two decisions are examined as well as subsequent cases involving contract renewal. Possible alternatives to the bare nonrenewal of contracts without a statement of reasons are considered. The complete Supreme Court decisions are included in the appendix. (MJM)…

Jeffrey, Robert C., Ed. (1971). Proceedings of the Speech Communication Association Summer Conference: Mini Courses in Speech Communication (7th, Chicago, July 8-10, 1971). The Speech Communication Association's 1971 summer conference provided instruction in the application of basic research and innovative practices in communication. It was designed to assist elementary, secondary, and college teachers in the enrichment of content and procedures. The proceedings include syllabi, course units, and bibliographic materials for the thirteen topic areas presented at the conference. The topic areas include: free-speech issues, language development of elementary school children; high school theatre programs; nonverbal communication; oral interpretation; developments in communication research; behavioral objectives; and production of homemade audio-visual materials. (RN)… [PDF]

Kannarr, Tina L.; Kinsler, Waren S.; Rainey, Susan J.; Reaves, Asa E. (1995). Hate Speech and the First Amendment. This document is comprised of California state statutes, federal legislation, and court litigation pertaining to hate speech and the First Amendment. The document provides an overview of California education code sections relating to the regulation of speech; basic principles of the First Amendment; government efforts to regulate hate speech, which have generally been unsuccessful; Supreme Court tests to determine the free speech rights of public employees; court decisions regarding clubs, student activities, and the Equal Access Act; and the legal definitions of a hostile environment and harassment (sexual and racial). (LMI)… [PDF]

Hawke, Constance S. (2001). Computer and Internet Use on Campus: A Legal Guide to Issues of Intellectual Property, Free Speech, and Privacy. The Jossey-Bass Higher and Adult Education Series. The purpose of this book is threefold: (1) to inform Internet users of the legal ramifications of their on-line activities; (2) to help administrators handle specific situations or complaints regarding Internet activity; and (3) to provide guidance for the formulation of acceptable computer use policies on campuses. The chapters are: chapter 1, "Intellectual Property On-Line"; chapter 2, "Free Speech in Cyberspace"; chapter 3, "Privacy Issues in Electronic Communications"; and chapter 4, "Fairness and On-Line Dispute Resolution." A checklist of policy recommendations and guidelines for system administrators is also included. A set of specific recommendations for network use on campus concludes each chapter. Contains 54 references. (EMS)…

DeMitchell, Todd A.; Eckes, Suzanne; Fossey, Richard (2007). Sexual Orientation, Public Schools, and the Law. Education Law Association Schools are experiencing an increased level of litigation about issues pertaining to sexual orientation. This monograph provides educators and attorneys with a comprehensive analysis of this litigation along with practical tips for avoiding lawsuits in this sensitive area. The monograph consists of six chapters and addresses the following topics: legal rights of gay and lesbian students to be free from harassment and discrimination; litigation involving gay student groups and the Equal Access Act, the free speech rights of anti-gay students to express hostility toward homosexuality, and lawsuits challenging school programs that address sexual orientation. The concluding chapter provides helpful tips for addressing sexual orientation in the school environment while avoiding litigation. Chapter titles include: (1) Gay and Lesbian Students in the Schools: A Vulnerable Population; (2) The Legal Rights of Gay and Lesbian Students to be Free of Harassment While in School; (3) Gay and… [Direct]

Essex, Nathan L. (2006). Can School Officials Censor a Student's Use of Religious Posters in Public School Assignments?. ERS Spectrum, v24 n3 p14-18 Sum. Public school leaders must be certain that students' freedom of expression rights are not suppressed based on a conflict with their own personal views. School leaders must also refrain from regulating student expression based solely on content, unless there is evidence that speech content creates material and substantial disruption to school operations. This article focuses on censorship of a student's use of religious posters in response to a school assignment, which resulted in a lawsuit. Although the final ruling has not been reached, a circuit court's decision to return the case to the district level indicates the importance of students' free speech rights in the eyes of the court. Ideally, school leaders must attempt to balance the protected rights of students against the need to maintain a peaceful school environment. Furthermore, they must remain viewpoint neutral in addressing students' exercise of religious expression…. [Direct]

Robbins, Jan C. (1987). Voluntary Religious Activities in Public Schools: Policy Guidelines. Fastback 253. This booklet was written to help school officials understand the law concerning public forums and voluntary religious activities in public schools. Compliance dilemmas arising from the First Amendment establishment of religion clause and the accompanying free speech and free expression clauses, along with 14th Amendment equal protection provisions, are discussed in the introductory first chapter. The United States Supreme Court has often frowned on government actions appearing to advance religion in schools. Two opposing interpretations, "separation" and "accommodation," are thoroughly discussed in the next two chapters. The "Lemon v. Kurtzman" case (1971), while avoiding definitions, offers a three-part establishment-clause test that looks at secular legislative purpose, primary effect that neither advances nor inhibits religion, and avoidance of excessive government entanglement in determining the constitutionality of state actions. Chapter 3 details… [PDF]

Knorr, Owen A., Ed.; Minter, W. John, Ed. (1965). Order and Freedom on the Campus. The Rights and Responsibilities of Faculty and Students. These papers deal with the nature of student-faculty-administration relationships and the resulting discontent and tension on college and university campuses. Specifically, they are concerned with the problem of simultaneously maintaining individual freedom and campus order. Frederick Rudolph describes the changing patterns of authority and influence in American academic history. Some rights and responsibilities of faculty are outlined by Ralph Brown, with the assumption that the two are necessary concomitants. Primary is the right and responsibility to cherish and exercise academic freedom. An analysis of the dismissal of University of Illinois Professor Leo Koch is presented in "Case Studies in Academic Freedom." The Dean of Students at the University of Minnesota discusses the rights and responsibilities of students, emphasizing that students must learn to assume responsibility if they are to gain additional rights. The Free Speech Movement at Berkeley is discussed by 2… [PDF]

Eveslage, Thomas (1992). The Federal Courts and Educational Policy: Paternalism, Political Correctness and Student Expression. The focus of this paper is the extent to which the judiciary sets the tone for freedom of speech in educational environment, and in so doing, helps define educational institutions themselves. In particular, the paper examines what the federal courts have said about the roles and obligations of educators when dealing with the rights of public school and college students. The paper uses the current controversy regarding politically correct speech to contrast the federal judiciary's different approaches to free speech cases at the high school and college level, both in landmark cases and in recent rulings from the United States Supreme Court and from lower courts. It focuses attention on the educational philosophy reflected in the federal court decisions. The paper begins with significant pre-1980 high school cases, then looks at cases that set the tone for free expression in colleges during the same period, showing that these early cases defined both schools and colleges as… [PDF]

Allen, Winfred G., Jr., Ed. (1975). Freedom of Speech Newsletter, September, 1975. The Freedom of Speech Newsletter is the communication medium for the Freedom of Speech Interest Group of the Western Speech Communication Association. The newsletter contains such features as a statement of concern by the National Ad Hoc Committee Against Censorship; Reticence and Free Speech, an article by James F. Vickrey discussing the subtle restrictions on the free flow of information and ideas encouraged by modern mass media practices; On Teaching the Bill of Rights by William Olds; and Freedom of Speech and Censorship by Thomas Tedford, a bibliography which lists twelve paperbacks for teachers and students. (TS)… [PDF]

Bloomberg, Edward (1970). Student Violence. This report discusses student violence within the framework of causes, issues, and false and true solutions. The author decries the abdication of responsibilities by both college administrators, who have permitted students to \do their thing,\ and leftwing students, who crusade thoughtlessly against educational institutions. Some true solutions suggested include (1) forcing radicals to grant free speech on campus, (2) encouraging administrators to write rebuttals to radical articles in the college newspaper, (3) presenting administrator alternatives for student action, (4) taking an offensive rather than a defensive administrative attitude toward student activists, and (5) punishing student misbehavior. (JF)…

Weitz, Shirley, Ed. (1974). Nonverbal Communication: Readings with Commentary. These twenty-two readings in five areas of nonverbal communication emphasize the most recent work indicating significant trends in research. The selections represent several perspectives, including those of Ray L. Birdwhistell, Allen T. Dittman, Albert E. Scheflen, Robert Sommer, Edward T. Hall, Ralph V. Exline, and Adam Kendon. Some of the essays are \Similarities and Differences Between Cultures in Expressive Movements,\\Facial Affect Scoring Technique: A First Validity Study,\\The Communication of Feelings by Content-Free Speech,\\Masculinity and Femininity as Display,\\Quasi-Courtship Behavior in Psychotherapy,\\Proxemics,\\Small Group Ecology,\ and \Some Determinants of Social Interaction\. (RB)…

Hulteng, John L.; Nelson, Roy Paul (1971). The Fourth Estate: An Informal Appraisal of the News and Opinion Media. Aimed at helping readers become more understanding and more discriminating consumers of the information that the mass media provides, this book explores the rights and responsibilities of a free press within society. Subsequent chapters consider the medium's organization, the \disappearing daily,\ some weaknesses of the press, the objective-subjective reporting dilemma, ethics in the newsroom, the opinion and editorial function of the press, cartoons and other visuals, the impact of magazines, books and publishing, television news and cable television, advertising, public relations news, and conflicts among various constitutional rights and the right to free speech. (SH)…

Fish, Stanley (2008). Save the World on Your Own Time. Oxford University Press What should be the role of our institutions of higher education? To promote good moral character? To bring an end to racism, sexism, economic oppression, and other social ills? To foster diversity and democracy and produce responsible citizens? In \Save the World On Your Own Time\, Stanley Fish argues that, however laudable these goals might be, there is but one proper role for the academe in society: to advance bodies of knowledge and to equip students for doing the same. When teachers offer themselves as moralists, political activists, or agents of social change rather than as credentialed experts in a particular subject and the methods used to analyze it, they abdicate their true purpose. And yet professors now routinely bring their political views into the classroom and seek to influence the political views of their students. Those who do this will often invoke academic freedom, but Fish argues that academic freedom, correctly understood, is the freedom to do the academic job,… [Direct]

Nelson, Stephhen J. (2008). A College President's Job Is to Shape a Center That Holds. Chronicle of Higher Education, v54 n30 pA37 Apr. The recent resignation and hasty departure of Gene R. Nichol as president of the College of William and Mary has prompted the usual round of speculation about the state of the college presidency. Why do certain circumstances doom well-intentioned people and their presidencies? What determines success and wards off failure? Two intertwined pressures trigger problems for many presidents. First, campuses are increasingly becoming ideological battlegrounds littered with vested, politically correct interests. Even though the conflicts have historical roots and have been occurring over the last three decades, public attention has intensified such skirmishes in recent years. That makes life in the college presidency much more contentious than in the past. Second, presidential deeds and rhetoric are more visible than they were even five years ago. There is no place to hide from the 24/7 news cycle and technological tools–i.e., alumni e-mail networks–that create the same curse and blessing… [Direct]

Ashmore, Robert W.; Herman, Brian M. (2006). Abuse in Cyberspace. School Administrator, v63 n5 p33 May. With the continued explosive growth of personalized websites, more and more public school administrators can expect to face situations in which inappropriate materials have been posted by a teacher, staff member or student. While failing to recognize employees' rights of free speech can result in legal liability, administrators also must be prepared to identify unprotected speech and determine when Internet postings are causing material disruptions or resulting in a flow of inappropriate materials into the school. In this article, based on the authors' legal representation of school districts, they suggest some approaches for dealing with such issues when they arise. In determining how to deal with such matters, consider first when websites and blogs can be legally monitored; when to actually monitor; how to notify employees of the intent to monitor; and whether any objectionable postings are legally protected or instead form a basis for discipline or discharge…. [Direct]

Dever, Richard B. (1972). A Comparison of the Results of a Revised Version of Berko's Test of Morphology With the Free Speech of Mentally Retarded Children. Journal of Speech and Hearing Research, 15, 1, 169-78, Mar 72. …

(1978). Students' Rights and Responsibilities Handbook. This handbook is intended to provide students and parents with a narrative summary of their rights and responsibilities in California public schools. Implications of laws and state regulations, as well as pertinent court decisions, are presented in such areas as student behavior (including discipline, corporal punishment, and dress codes), educational opportunity (including proficiency standards, school attendance of married or pregnant students, and exclusion from school), free speech (including student independent newspapers, student representation on governing boards, religion, and student organizations), law enforcement agencies and the schools (including search and seizure), information disclosure by schools (parental information and student records), and legal restrictions on school districts and school personnel. (Author/DS)… [PDF]

Permuth, Steve; And Others (1981). The Law, the Student, and the Catholic School. Providing explanatory information regarding the legal principles and issues affecting Catholic school educators, this handbook summarizes student rights, contractual arrangements, and state and federal requirements as they apply to parochial schools. The legal issues involved in torts of negligence, including establishment and violation of educators' duties toward students, proximate cause, and injury, are discussed. A further section reviews specific topics such as discrimination, law enforcement, restraint and corporal punishment, school records, search and seizure of student property, free speech, student publications, and suspension and expulsion. Each topic is accompanied by discussion questions, hypothetical examples, and case citations. The book closes with suggestions for the development of due process policies. (JEH)… [PDF]

Trapp, Mary E. (1981). The Implications of John Hart Ely's Conceptual Framework for Interpretation of First Amendment Questions: The Continuation of Balancing in the Free Expression Arena. Examining interpretive approaches to the First Amendment free speech and press clause, this paper focuses on the conceptual framework proposed by John Hart Ely. Other First Amendment tests examined include clear and present danger, balancing, the absolute test, and A. Meiklejohn's "absolute" test. Following an analysis of Ely's First Amendment interpretation, the limitations of his tests are discussed. The "Branzburg,""Tornillo," and "Red Lion" cases are examined to demonstrate the weaknesses of those tests. The concluding section of the paper points out four problems of Ely's tests, indicating that the tests do not successfully implement the purposes of the First Amendment. (RL)…

Hudson, David L., Jr.; Williams, Charles F. (2004). McConnell v. FEC: Reforming Campaign Finance–Court Upholds Campaign Finance Act Despite First Amendment Dissents. Social Education, v68 n2 p142 Mar. In a clear-cut victory for campaign-finance reformers last December, a sharply divided U.S. Supreme Court upheld virtually the entire Bipartisan Campaign Reform Act of 2002 (BCRA). McConnell v. FEC, No. 02-1674 (slip opinion available on the web at www.supremecourtus.gov). The Court's 298-page ruling rejected the free speech and other constitutional arguments pressed by an impressive array of challengers who had filed eleven suits against the law. In relation to this subject, this article offers 3 teaching activities, suggestions for in depth research exercises, as well as questions and subjects, and comparisons to stimulate lively and thought provoking class discussions….

Goldstein, Ehab A.; Heaton, James T.; Hillman, Robert E.; Stepp, Cara E. (2007). Training Effects on Speech Production Using a Hands-Free Electromyographically Controlled Electrolarynx. Journal of Speech, Language, and Hearing Research, v50 n2 p335-351 Apr. Purpose: The \electrolarynx (EL)\ is a widely used device for alaryngeal speech, but it requires manual operation and produces voice that typically has a constant fundamental frequency. An electromyographically controlled EL (EMG-EL) was designed and implemented to provide hands-free control with dynamic pitch modulation. Method: Three participants who underwent total laryngectomy surgery and 4 participants with normal voice were trained to produce EMG-EL speech through a multiple-baseline, successive-stage protocol. Baseline performance was established through 3 testing probes, followed by multiple hour-long training sessions. Results: At the end of the training, all participants learned to initiate, sustain, and terminate EMG-EL activation in correspondence with articulation, and most were able to modulate the pitch to produce intonational contrasts. After completing the testing/training protocol, 1 of the 3 participants who underwent total laryngectomy was encouraged to… [Direct]

Horwedel, Dina M. (2006). Blogging Rights. Diverse: Issues in Higher Education, v23 n2 p28-31 Mar. Growing in popularity among students and scholars, blogs are raising issues regarding free speech at colleges and universities. The new technology offers an exchange of ideas that wasn't as spontaneous–or even possible in some remote areas–previously. A blog can allow a scientist to share research with colleagues, ponder reasons for experimental outcomes or offer suggestions and input. Bloggers often tout the medium's ability to create a worldwide forum for open expression. But it is that kind of far-reaching impact that some administrators find unsettling, especially when it comes to criticism or other speech deemed contrary to the institution's mission. Some students and faculty have been punished for such posts. But advocates of freedom of speech in higher learning insist that faculty and students should be able to express themselves freely on any topic, and that protecting this academic freedom may even be the professional responsibility of colleges and universities…. [Direct]

(1999). Proceedings of the Annual Meeting of the Association for Education in Journalism and Mass Communication (82nd, New Orleans, Louisiana, August 3-8, 1999). Communication Technology and Policy. The Communication Technology and Policy section of the Proceedings contains the following 15 papers: "The Virtual Sphere: The Internet as a Public Sphere" (Zizi Papacharissi); "Toward a Typology of Internet Users and Online Privacy Concerns" (Kim Bartel Sheehan); "Blind Spots of the Communications Decency Act Debate: A Critique of Jeffersonian Free Speech" (Misook Baek); "Telecommunications for Rural Community Development: The Effects of Community Projects on Attitudes and Adoption Among Community Members" (C. Ann Hollifield, Joseph Donnermeyer, Gwen Wolford, and Robert Agunga); "Broadening the Boundaries of Interactivity: A Concept Explication" (Spiro Kiousis); "Privacy, Security and Intellectual Property: Proprietary Interests Over the Internet" (Laurie Thomas Lee); "Examining Information Processing on the World Wide Web Using Think Aloud Protocols" (William P. Eveland, Jr. and Sharon Dunwoody); "An Online… [PDF]

Sendor, Benjamin (1996). How Free Is Teachers' Speech?. American School Board Journal, v183 n8 p16-17 Aug. In "Westbrook," a federal court recently struck down a school board policy in Wyoming that limited and channeled criticism among employees. Summarizes the judge's reasoning and concludes that the board failed to seek a balance between its legitimate interests and the basic right of school employees to speak out about matters of public interest that affect the schools. (MLF)…

Sandler, Bernice Resnick, Ed. (1995). About Women on Campus, 1995. About Women on Campus, v4 n1-4. These four newsletter issues focus on topics of interest to female students, faculty, and administrators in higher education. Each issue contains many brief reports on events, news, litigation, legislation, resources, and campus programs on sexual harassment, sexual assault, working in academe and elsewhere, women overseas, women's studies, and women in athletics. A regular column on the activities of the American Council on Education's Office of Women in Higher Education is included. Employment openings are also advertised. The winter and spring issues contain feature articles entitled "'Cybersexism' Raises New Issue to Deal with: Computer Messages vs. Free Speech" and "Women in Law School Receive Lower Grades than Men." (MDM)… [PDF]

Knevila, Kelly; Sneed, Maree (1988). "Hazelwood v. Kuhlmeier": Closing "Tinker's" Schoolhouse Gate. Inquiry & Analysis, p1-6 Nov. The resolution of free speech issues in the public school context has, until recently, involved a precarious balancing between the First Amendment rights of students and teachers and the role of public schools in inculcating students with fundamental values. This year, in "Hazelwood School District v. Kuhlmeier," the Supreme Court struck this balance in favor of school administrators. Now especially where curriculum decisions are at issue, courts will give school administrators wide discretion. Before embarking on an analysis of the "Hazelwood" decision and its implications, this article examines several of the Supreme Court cases that preceded, and to varying degrees foreshadowed, the Court's decision in "Hazelwood." (104 footnotes) (MLF)… [PDF]

Kelley, Michael P., Ed. (1977). Freedom of Speech Newsletter, Volume 3, Number 2, February 1977. Discussions collected in this newsletter include the following speeches all of which were presented at the 1976 convention of the Western States Speech Communication Association: "Where the First Amendment is Silent," a sketch of current speech rights and a prediction for the future; "Freedom of Speech in University Theatre; or, Keeping the Delicate Balance"; and "Censorship from the Left: Free Speech on Campus–under Attack." Minutes of the Freedom of Speech Interest Group meeting of 22 November 1976, news of this and other groups concerned with freedom of speech, and a statistical survey of attendance at different modules at the 1976 convention are also presented. (KS)… [PDF]

Bruzzese, Giannia (1977). English/Italian Secondary Hybridization. A Case Study of the Pidginization of a Second Language Learner's Speech. A detailed analysis of an Italian-American woman's speech is presented, and her interlanguage patterns are discussed in relation to a pidginization hypothesis. Data are presented on the following speech characteristics of the woman: free speech negatives, interrogatives, and present and past tense constructions. Her language is shown to be fossilized and also pidginized in the sense that is represents secondary hybridization. It is maintained that secondary hybridization (the interlanguage resulting from communication between second language learners and target language speakers) is legitimate pidginization. The impact that social and psychological factors played in the woman's speech when she first came to America and during the last 15 to 20 years is analyzed. (SW)…