Dee, Thomas S. (2003). Are There Civic Returns to Education? NBER Working Paper Series. The hypothesized effects of educational attainment on adult civic engagement and attitudes provide some of the most important justifications for government intervention in the market for education. This study presents evidence on whether these externalities exist. It assesses and implements two strategies for identifying the effects of educational attainment. One is based on the availability of junior and community colleges; the other, on changes in teen exposure to child labor laws. The results suggest that educational attainment has large and statistically significant effects on subsequent voter participation and support for free speech. It also finds that additional schooling appears to increase the quality of civic knowledge as measured by the frequency of newspaper readership. (Contains 41 references.) (SM)… [PDF]

Nelson, Stephen James (2000). Leaders in the Crucible: The Moral Voice of College Presidents. The stories about college presidents in this volume are intended to support the presumption that moral leadership is a fundamental criterion and expectation of those who serve as college presidents. The chapters are: (1) \The Moral Leadership of College Presidents\; (2) \Presidential Perspectives: The Shape of Their Voice\; (3) \Architects of the College Mission\; (4) \Shaping Student Character\; (5) \Critical Issues in the Academy: Free Speech, Academic Freedom, and Diversity\; (6) \Hopes for Democracy\; (7) \The Milieu of Social and Political Issues\; (8) \The University and the World\; (9) \Ideological Battles and the Soul of the Academy: The Burden of the Presidential Pulpit\; and (10) \The Presidency in the Crucible.\ (Contains 209 references.) (SLD)…

Ngwainmbi, Emmanuel K. (2004). Communication in the Chinese Classroom. Education, v125 n1 p63 Fal. This study investigates cultural (idiosyncratic, linguistic) aspects of interpersonal & cross-cultural interactions in a Chinese learning environment. It explains the relationship between the Chinese academic community (CAL) in a university in Beijing, China and American professors (AAS) and how the CAL negotiates meaning through verbal communication in a formal setting. Analyses of the interactions among Chinese students, professors, and university administrators and with American professors in the classroom observed confirm the stereotype that political principles affect free speech and the Chinese attitude toward collectivism–a devotion to national sovereignty rather than to individual values–and identify the Chinese student as an inquisitive learner, open to acquiring knowledge from non-traditional sources….

Hoover, Eric (2007). U. of Delaware Abandons Sessions on Diversity. Chronicle of Higher Education, v54 n12 pA1 Nov. The University of Delaware spent years refining its residence-life education program. One week of public criticism unraveled it. Late last month, the Foundation for Individual Rights in Education, a free-speech group, accused the university of promoting specific views on race, sexuality, and morality in a series of discussions held in dormitories. The program was designed to build understanding among diverse students, but some participants complained that it told them how to think and pried into their beliefs with questions like "When did you discover your sexual identity?" In an October 29 letter to Delaware's president, the group, known as FIRE, called the program "systematic thought reform" and urged the university to suspend it. Three days later, Delaware complied. For decades, residence-life programs have organized group sessions on racism, sexism, and homophobia. Research shows those exercises can help broaden students' cultural awareness and diminish… [Direct]

OSSER, HARRY LANGUAGE CONTROL IN A GROUP OF HEAD START CHILDREN. TWENTY HEAD START PRESCHOOL CHILDREN WERE GIVEN THREE LANGUAGE TASKS DESIGNED TO MEASURE THEIR LANGUAGE DEVELOPMENT–(1) A PRODUCTION TASK REQUIRED THE CHILDREN TO ENGAGE IN FREE SPEECH. THE CHILDREN WERE ASKED TO ANSWER A QUESTION, TO DESCRIBE A SERIES OF PICTURES, AND TO RETELL A STORY. THE FREE SPEECH OF THE CHILDREN IN RESPONSE TO THESE SUB-TASKS WAS ANALYZED IN TERMS OF THE RANGE AND FREQUENCY OF SYNTACTIC STRUCTURES USED, THE NUMBER OF KERNEL AND TRANSFORMED SENTENCES USED, AND THE COMPLEXITY OF THE SYNTAX. THE DATA FROM THIS TASK IS NOT YET AVAILABLE. (2) AN IMITATION TASK REQUIRED THE CHILDREN TO REPEAT 20 SENTENCES USING 10 DIFFERENT SYNTACTIC STRUCTURES. EACH STRUCTURE WAS USED IN TWO SENTENCES. OF A POSSIBLE 400 CORRECT RESPONSES, 281 CORRECT RESPONSES WERE MADE. THE LENGTH OF THE SENTENCE WAS FOUND TO BE NEGATIVELY RELATED TO NUMBER OF CORRECT RESPONSES FOR ONE SET OF THE STRUCTURES. THERE WAS EVIDENCE OF MODIFICATION OF SENTENCES BY THE CHILDREN TO CONFORM THEM TO THEIR… [PDF]

Denning, Dorothy E., Ed.; Lin, Herbert S., Ed. (1994). Rights and Responsibilities of Participants in Networked Communities. This report is based on a November 1992 workshop and a February 1993 public forum which discussed some of the social issues raised by the emergence of electronic communities. The workshop examined user, provider, and other perspectives on different types of networked communities, including those on the Internet, commercial information services, and grass-roots networks. The following questions were addressed in the workshop: (1) What policies, laws, regulations, or ethical standards apply to the use of networked services; who sets them; how are they developed; and how are they enforced? (2) What are users' expectations regarding privacy and protection of their proprietary rights? (3) What are the rights, responsibilities, and liabilities of providers or operators of networked services or of users of these services? and (4) What problems arise from connecting systems offering these services to systems that operate under different policies? The forum was organized around a set of…

Behling, Herman E., Jr. (1996). Recent Legal Decisions in Education: A Casebook of Appellate Court Decisions–1985-1995. This casebook contains excerpts of 86 legal decisions handed down by appellate courts during 1985-95. The book was developed to inform school administrators about recent legal decisions in educational matters. In the area of general administration, cases cover issues of central governance, attendance, church/state relationship, curriculum, and desegregation. Cases pertaining to pupils include the topics of general student rights, drugs, free speech, rights of handicapped students, and search and seizure. Litigation pertaining to employed personnel deal with general personnel matters, discrimination, teacher dismissal, and teachers' due process rights. Liability cases comprise the final section. The bulk of the text is comprised of the excerpted court decisions. A list of cases and concepts derived from each decision are included. (LMI)… [PDF]

Rohrer, Daniel M. (1977). A Rationality Standard for the First Amendment. This discussion summarizes the general principles that may be applied in determining the limits of free expression and proposes new criteria based on libertarian values. Among the general principles summarized are the bad-tendency test, the clear-and-present-danger test, the balancing test, the incitement test, and the hypothetical absolute test. A new theory of free speech, the rationality standard, can permit a wide scope of expression and yet can resist attrition by interpretation. This doctrine asserts that all advocacy warrants unqualified protection, unless it is presented in such a context that the listener does not have an opportunity to decide rationally whether or not to heed the speaker's appeal. Conditions to which this standard may be applied include mind control and subliminal advertising. (KS)… [PDF]

Allen, Winfred G., Jr., Ed. (1976). Freedom of Speech Newsletter, February 1976. The "Freedom of Speech Newsletter" is the communication medium, published four times each academic year, of the Freedom of Speech Interest Group, Western Speech Communication Association. Articles included in this issue are "What Is Academic Freedom For?" by Ralph Ross, "A Sociology of Free Speech" by Ray Heidt, "A Queer Interpretation fo the First Amendment: 'Homosexual' Acts Between Consenting Adults" by Sally Miller Gearhart, and "The Climate of Communication" by Herman Cohen. Also included are minutes of the November convention meeting and the text of a resolution commending Justice William O. Douglas, which was submitted to the S.C.A. Resolutions Committee, December 1975, by the chairman of the Commission on Freedom of Speech. (MKM)…

Dunlap, Riley E.; Peck, Dennis L. (1974). Student Activism: A Bibliography of Empirical Research. Exchange Bibliography No. 709. This bibliography organizes the empirical research literature concerning student activism that was produced in the decade following the Berkeley Free Speech Movement. It is organized into eight sections. Section 1 focuses on studies of \radical\ (leftist, antiestablishment) activists while Section 2 focuses on conservative student activists and Section 3 on black student protestors. Section 4 contains references to two types of studies–those concerned primarily with measuring the scope of student protest (what proportion of campuses experienced protest) and those concerned with relating the occurrence of protest to characteristics of institutions of higher education. The next three sections are concerned with studies of attitudes–student, faculty, and public–toward protest. The final section contains citations of reviews of the empirical literature. (Author/IRT)… [PDF]

Conklin, Gerald T., Comp.; Wilcox, Christopher J., Comp. (1971). Inquiry. A Project of the Wisconsin Bar Foundation. This manual consists of comprehensive outlines of instruction programs to teach high school students about the U.S. laws and legal systems. The outlines are intended to supplement earlier program materials published by the Wisconsin State Bar and are keyed to instructional units in the master schedule. The teaching approach is one of continuous interchange between instructor and student. Included in each outline are a general goal statement, activities and exercises, supplementary materials, and suggestions for outside reading. Outlines are presented on the following topics: Disruption and Free Speech; Sample Current Laws; the Student Buyer; Landlord-tenant; the City, Ecology, and the Establishment; the Student at School; the Student at Home; Bill of Rights; Jobs and Business; Cars and Legal Problems; and Selective Service Law. (Author/RM)… [PDF]

Duscha, Julius; Fischer, Thomas (1973). The Campus Press: Freedom and Responsibility. This document investigates the collegiate press. Part one–The Campus Press–observes the development, expectations and present status of the campus press. Conclusions indicate the need for an independent student newspaper. Part two reviews the law and the campus press, particularly legal distinctions between public and private colleges and universities and between campus press and public press, legal consequences for three ways of operating a university newspaper, responsibilities of the campus press, consequences of selection of staff, and legal consequences of using the institution's name. Appendices for part one include a 28-item bibliography, the University of California agreement, and articles of incorporation of the Daily Californian. Appendices for part two examine limitations of free speech and review important cases. (MJM)… [PDF]

Carney, John J., Jr. (1973). Theoretical Value in Teaching Freedom of Speech. The exercise of freedom of speech within our nation has deteriorated. A practical value in teaching free speech is the possibility of restoring a commitment to its principles by educators. What must be taught is why freedom of speech is important, why it has been compromised, and the extent to which it has been compromised. Every technological advance in the area of communication over the past 100 years has had the effect of compromising and diluting the peoples' freedom of speech. Linked to this we find that the average citizen covets the privilege of being heard while denying the liberty to others. In addition, our young, the most \media frustrated\ generation of all, engage in the \new heckling,\ which is countreproductive to communication. (EE)… [PDF]

Janks, Hilary; Wilkinson, Lynda (1998). Teaching Direct and Reported Speech from a Critical Language Awareness (CLA) Perspective. Educational Review, v50 n2 p181-90 Jun. Grade 11 students analyzed direct, indirect, and free indirect speech in texts before and after eight classroom activities based on Critical Language Awareness. The activities influenced marked improvement in their ability to critically read reported speech. (SK)…

Magsino, Romulo F. (1980). Student Rights in Newfoundland and the United States: A Comparative Study. Official policies concerning students' rights in Newfoundland and in the United States are examined, and standards of justification for students' rights are discussed. A questionnaire was sent to each school district superintendent in Newfoundland and to 100 selected superintendents in the State of Wisconsin. The response rate from Newfoundland was 66%; from the United States, 56%. The superintendents were asked to indicate policies concerning students' rights to free speech, free press, association membership, personal appearance and behavior, reasonable punishment, privacy, due process, and academic matters. Results showed that, in spite of the many U.S. Supreme Court rulings on student rights, only in the area of due process do over 50% of the Wisconsin school boards have an officially adopted policy. In Newfoundland, even fewer school boards have official policies. The study concludes that many current standards of justification for students' rights–i.e., the student as a…

Melendez, Mildred C. (1983). Phonological Variation: Educational Taxonomy for Adults. The influence of educational background upon the variety of English as a second language speech was examined. Adults in a rural New Mexico community were interviewed in order to elicit data on phonological variation. Data were collected through free speech, controlled speech which required the informants to translate Spanish questions to English, and specific speech which encouraged the identification of familiar objects in both Spanish and English. Twenty-four adults ranging in age from 23 to 81 participated. Thirteen had a college education, 5 a high school education, and the remainder an elementary education. The subjects with more education showed less variance in producing English. Compared to the other groups, the most highly educated group took more time in speech production or avoided the three speech features which caused difficulty. The less educated groups either confused the feature "sh" with "ch" or used variants of "th." The performance of…

Hurwitz, Howard L. (1974). The Principal, School Discipline, and the Law. In this booklet, the Council of Supervisors and Administrators of the City of New York seeks to offer hope that teachers' and principals' capacity for the reasonable exercise of authority has not been exhausted. There is a body of legal opinion that supports the authority of the principal in disciplinary matters. It is a misconception that a student is deprived of this rights if, as an outcome of an administrative hearing, he is suspended from school or denied further public education. The courts are far from committed to the doctrine that each and every disciplinary decision is subject to trial; the courts do not always see the principal as an adversary in his relationship with students. In the sections on due process, suspensions, free speech, free press, respect for the flag, personal appearance, and searches and seizures, the author suggests that fairness, common sense, and experience remain the staples in school discipline. The courts have not enjoined principals from acting on… [PDF]

Young, Peter R. (1991). Knowledge Network Values: Learning at Risk?. The boundaries between various information, entertainment, and communication fields are shifting. The edges between our library systems and communication networks are becoming increasingly fuzzy. These fuzzy edges affect concepts of education, learning, and knowledge. The existing library paradigm does not easily accommodate the new, fluid and dynamic knowledge networks. Librarians need to identify the structures that are essential for perpetuating the values of the learning community into the knowledge networks of the future. Greater freedoms of access are possible with electronic networks, but greater restraints are also possible. Electronic impulses can be easily manipulated, modified, distorted, transmitted, and erased. International aspects of network access involve questions of different legal and regulatory structures. The protection of free speech and assurance of privacy in electronic network use are critical if society's freedoms are to be preserved. (KRN)…

Martz, Carlton, Ed. (1988). Freedom of Assembly: World History, U.S. History, and U.S. Government. Bill of Rights in Action, v5 n2 Win. This theme issue on the freedom of assembly includes three sections: (1) "World History: Wat Tyler's Rebellion," a glimpse into the English past that provides a valuable perspective for understanding the turbulent origins of the right of U.S. citizens to assemble; (2) "U.S. History: William Lloyd Garrison and the Boston Mob," an account of a northern abolitionist's struggle to establish his right to free speech and his subsequent near lynching; and (3) "U.S. Government: The Lunch Counter Sit-Ins," the story of the civil rights protests in Greensboro, North Carolina. Each section includes a historical essay on the topic area, questions for discussion and writing, a short reference list, and selected activities that mimic the historical events of that section. (PPB)… [PDF]

Delon, Floyd G. (1978). Legal Controls on Teacher Conduct. The most litigated issues involving teachers are the control of conduct of teachers and other employees. The disciplinary measures available are typically expressed or implied in state statutes. These normally include suspension, transfer, nonrenewal of contract, and discharge. The superintendent or board may be empowered to recommend the revocation of the teaching certificate by the state board of education or other agency. The statutes of most states list grounds for discharge and certificate revocation. These listings typically include such grounds as incompetency, inefficiency, insubordination, neglect of duty, and immorality. Conduct that involves the exercise of a constitutional right such as free speech invokes procedural requirements that may extend beyond those specified by statute. Cases are cited under the broad headings of insubordination, neglect of duty, and immorality and crimes involving moral turpitude. (Author/MLF)…

Heist, Paul (1967). The Dynamics of Student Discontent and Protest. An examination of personality and attitudinal characteristics of students who participated in the Free Speech Movement (FSM) at the University of California (Berkeley) in Fall 1964. Research data reveal the FSM activists to be well-qualified students with good to excellent academic records, diverse intellectual interests, strong motivations toward knowledge, and deep commitments to university, social and political problems. When compared to non-participating students, FSM participants were found to be an atypical minority that behaved with considerable independence and autonomy to the point of public protest activities even at the risk of arrest. Individual differences and attitudes are discussed with emphasis placed on characteristics as they relate to future activities and continuing commitments. This student group seems to possess a variety of qualities and attributes generally indicative of potential greatness. (WM)… [PDF]

(2004). Participation in Education Department Programs by Religious Organizations; Providing for Equal Treatment of All Education Program Participants. Final Rule. Federal Register, Part III, Department of Education, 34 CFR Parts 74, 75, 76, and 80. National Archives and Records Administration, Federal Register v69 n108 p31708-31715 Jun 4. These final regulations implement Executive branch policy that, within the framework of constitutional church-state guidelines, religiously affiliated (or "faith-based") organizations should be able to compete on an equal footing with other organizations for funding by the U.S. Department of Education (Department). Department regulations are being revised to remove barriers to the participation of faith-based organizations in Department programs and to ensure that these programs are implemented in a manner consistent with the requirements of the U.S. Constitution, including the Establishment, Free Exercise, and Free Speech Clauses of the First Amendment. These regulations are effective July 6, 2004. [This final rule was put forth by the Center for Faith-Based and Community Initiatives, Office of the Secretary, U.S. Department of Education.]… [PDF]

Polansky, Harvey, Ed.; Russo, Charles J., Ed.; Wood, R. Craig, Ed. (2001). Primer on Legal Affairs for the School Business Official. This book provides school business administrators with an introduction to a variety of legal issues relevant to their professional roles. The book is divided into three major sections: management issues, employment issues, and constitutional issues. The topics covered in the seven-chapter section on management issues include board and district policy, contracts, supervision of students, privatization of K-12 public education, legal aspects of site-based management, transportation, and charter schools. The two-chapter section on employment issues deals with supervision and evaluation of school personnel and employee rights. The last section, constitutional issues, contains four chapters that deal with the following topics: services for students with disabilities, religious influences and the public school, student free speech and dress codes, and the Fourth Amendment and the quest for drug- and weapon-free schools. (PKP)…

(1998). CASDA Annual School Law Conference Proceedings (13th, Latham, New York, July 16, 1998). The Capital Area School Development Association Conference was held in July 1998. These proceedings include the following presentations: \Recent Decisions of the State and Federal Courts, the Commissioner of Education and PERB\; \Civil Service Law for School Districts\; \Mental Disabilities Under the ADA\; \The Role of the Board of Education in Collective Bargaining\; \Recent Developments at PERB\; \Discipline and Disabilities: Surviving the Special Education Maze; and Termination of Teachers During the Probationary Period.\ The following subareas were treated under \Recent Decisions of the State and Federal Courts\: First Amendment Religion Cases; First Amendment Free Speech Cases; Student Constitutional Rights; Student Discipline; Employee Discipline, Employment Discrimination; Employment Contracts; Tenure And Seniority Rights; Taylor Law Issues; School District Budget Vote and Board Member Election; Sex Discrimination; Sexual Harassment; and Sex Offender Statutes. (DFR)… [PDF]

(1992). A Public Voice…'92. America's Role in the World. Energy Options. The Boundaries of Free Speech. A Report from the National Issues Forums, Fall & Winter 1991-1992. This document reports on the tenor and outcomes of the National Issues Forums held in 1991-92 on three issues. The report draws upon three resources: short participant questionnaires, descriptions from groups' convenors, and detailed analysis of the taped proceedings of 10 groups. The report is organized in three sections, each consisting of a report from the forums and excerpts from the public response to each issue by a group of representatives from the national media and Congress who met to review excerpts from the videotapes. The first forum report, "America's Role in the World: New Risks, New Realities," starts from the premise that what dominates people's minds when they think about shaping the U.S. role is the breakup of the Soviet Union. Discussion focuses on the following: United States as a solitary superpower; need for U.S. citizens to be much more frank about themselves and more objective about the rest of the world; the United States as leader, not policer, of… [PDF]

Janks, Hilary (1989). Critical Linguistics: A Starting Point for Oppositional Reading. This document focuses on specific linguistic features that serve ideological functions in texts written in South Africa from 1985 to 1988. The features examined include: naming; metaphors; old words with new meanings; words becoming tainted; renaming or lexicalization; overlexicalization; strategies for resisting classification; tense and aspect; modality; voide; ambiguity; negation; indirect speech, free indirect speech, and direct speech; sequence; logical organization of a text; and turn-taking, interruption, and topic control. These examples provide insight into the relationship between language and the power structure in South Africa, and underscore the need for oppositional reading, which concentrates on how a text has been constructed and in whose interest. (MSE)… [PDF]

Bliss, Pam, Ed.; Kittlaus, Jennifer, Ed. (2001). Religious Freedom in America. Insights on Law & Society, v1 n2 Win. This magazine aims to help high school teachers of civics, government, history, law, and law-related education program developers educate students about legal issues. This issue focuses on religious freedom in the United States. It contains 11 articles: (1) "Government-Religion Relations in Historical Perspective" (C. Cookson) discusses how differing views of order in colonial, 19th century, and modern times have formed the basis of the relationship between civil authority and religion; (2) "Religious Minorities and the Pressures of Americanization" (E. M. Mazur) discusses how Jehovah's Witnesses, Mormons, and Native Americans make choices within the U.S. constitutional order; (3) "A Variety of Attitudes toward Church-State Relations" (T. G. Jelen; C. Wilcox) presents the findings of a study suggesting that views of church-state relations in the United States are more complex than previously believed; (4) "Debate: Are Publicly Funded School Voucher…

(1980). Students' Rights and Responsibilities Handbook. 1980 Revision. Students, parents, and school authorities are provided information about various laws and regulations pertaining to public school students in this handbook. Fundamental rights and responsibilities of students, including those described in right to education laws and judicial decisions, are discussed. Discipline policies, continuation schools, corporal punishment, dress codes, and smoking areas are covered in the section on student behavior. Proficiency standards, independent study, and school attendance of married or pregnant students are discussed in the section on educational opportunity. Issues of free speech are covered, including religious expression, student organizations, and student newspapers. The relationship between law enforcement agencies and student rights is treated in this handbook. Information useful to administration and school personnel is included in the section covering fees, deposits, and charges, along with sex discrimination issues. The handbook concludes… [PDF]

Beckham, Joseph C. (1986). Faculty/Staff Nonrenewal and Dismissal for Cause in Institutions of Higher Education. Higher Education Administration Series. This monograph presents a succinct overview of the legal parameters regarding nonretention and dismissal for cause of employees of higher education institutions. The monograph is written in everyday language for the lay reader and presents a concise review of case law on the subject. An introductory chapter discusses judicial review, the employment relationship, tenure status, term contracts, at-will status, academic freedom, public/private distinctions, and overbreadth or vagueness in adequate cause standards. A chapter on adequate cause for dismissal addresses incompetency, neglect of duty, insubordination, and immoral or unethical conduct. Legal challenges to adequate cause are also discussed, covering basic admonitions; denial of due process; denial of free speech, association, or academic freedom; discrimination; and breach of contract. An appendix lists monographs and periodicals providing legal information in secondary and higher education. (Individual chapters contain…

Christians, Clifford G.; Fackler, Paul M. (1979). John Milton's Place in Journalism History: Champion or Turncoat?. Historians of journalism cite John Milton's speech "Areopagitica" as the first major English-language document to articulate the ideas of free speech and freedom of the press. Milton's reputation as spokesman for freedom to publish is sullied, however, by his having served as Cromwell's press licenser. Historians of journalism have attacked Milton's "censorship" as evidence of contradiction and compromise of his ideals. An examination of the nature of his responsibility as licenser within his social, political, and personal situation leads to a different conclusion, however: that his commitment to the ideal of just and virtuous government gave him warrant for direct involvement in the political life of the Commonwealth, and that in his role as licenser, he merely played the role of senior editor rather than authoritarian censor, and contributed little aside from his bureaucratic imprimatur. (DF)…