Neumann, Ingrid (1990). Discourse in Professional Situations. A classroom technique called "ubertragung," used for exercise and evaluation of oral communication, is explained as it is applied in a course in business German for native speakers of Norwegian. Learners read a text in Norwegian containing information relevant to the study of German for international trade. Later, students use the information in simulation of a professional situation in German. Generally, students speak in a dialogue but may also record a message or make a short presentation to an audience. Learners are encouraged to address a partner, to stimulate feedback. Pragmatic structure of communication in a professional situation is emphasized. A sample exercise, including the background article in Norwegian, is supplied. In construction of the instructional model, research on discourse processing was consulted. The objective is free speech production with specific content in project-oriented exercises. Students are made aware of the rules of interactive discourse…

Kaminsky, Sally (1977). Language Dominance, Predicting Oral Language Sequences and Beginning Reading Acquisition: A Study of First Grade Bilingual Children. Free speech samples and aural cloze test scores were collected from 24 Spanish-surnamed children at the beginning of first grade. The children were members of two classrooms, and each class received instruction from a Spanish-speaking bilingual teacher and an English-speaking monolingual teacher. The children were learning to read in Spanish and English. Spanish and English speech samples, which represented stories formulated by the children from picture books without words, were scored for grammaticality, verb tenses and sentence transformations. The scores were subsequently grouped into high, medium and low language control categories. Spanish and English cloze tests, administered in oral form, were scored for exact matching, appropriate synonyms and retention of appropriate syntax or meaning. A high relationship appeared to exist between the ability to perform predicting tasks, such as the cloze, and high control of language. When these language tasks were compared with teachers'… [PDF]

Heist, Paul (1965). Intellect and Commitment: The Faces of Discontent. An analysis of student protest movements on 3 separate campuses revealed that leaders of the movements were brighter than average, usually classified themselves as non-religious, but were morally concerned about social and political issues. Participants in the Free Speech Movement (FSM) at Berkeley were found to have similar characteristics, and Center researchers conducted a more detailed study on initiators of and participants in the movement. Three hypotheses were used to compare FSM students with non-participating or average students: (1) that FSM participants are better students, more autonomous, have broader intellectual dispositions and obtain higher GPAs, (2) that there is a larger percentage of transfer students in the FSM group, and (3) that the majority of transfer students come from selective liberal arts, private, and public institutions. Three student samples were surveyed: 188 FSM participants who had been arrested, 60 FSM volunteers, and a randomly selected group of… [PDF]

Hyman, Ronald T. (2002). Protected Classroom Speech of Public School Teachers: Pickering and Its Progeny. The concept of academic freedom originated in situations related to higher education. Although academic freedom may apply to professors, it is far from clear how, and even why, academic freedom applies to classroom K-12 teachers. This paper treats the balancing of teacher and school district rights in suits brought by teachers who claimed that their school districts retaliated against them, thereby violating the teachers' First Amendment academic-freedom rights. Analysis starts by describing current legal aspects of teacher in-class free speech, including significant court decisions, such "Pickering versus the Board of Education,""Connick versus Myers," and "Cockrel versus Shelby County School District" ("Cockrel II," which is still awaiting trial). Courts across the country are split as to which decision they base their judgments on because each decision is based on a different interpretation of teachers' rights, engendering the use of…

Taylor, Angus E. (1998). The Academic Senate of the University of California. Its Role in the Shared Governance and Operation of the University of California. The Clark Kerr Memoirs Project. This essay reviews the history of the University of California's Academic Senate, focusing especially on how the senate came to be what it is today, how it acquired its significant role in the shared governance of the university, and how its mode of operation adapted as the university increased in size and complexity. The essay is organized around specific university crises or eras, including the governance of academic affairs and grant of authority assigned to the senate in 1920 at the conclusion of Benjamin Wheeler's presidency; adjustments to the Great Depression (1930s); the loyalty oath controversy (1949-52); the effort to secure formal regental provision of academic tenure (1958); expansion of the university to serve rapidly increasing student numbers (1960s); reorganization of the senate's structure and mode of operation to adapt to the growth of the multicampus university (1963); year-round operations of the university (1960-68); the "free speech" movement…

(1992). Proceedings of the Annual Meeting of the Association for Education in Journalism and Mass Communication (75th, Montreal, Quebec, Canada, August 5-8, 1992). Part V: Media and Law, Section B. Section B of the Media and Law section of the proceedings contains the following nine papers: "The Professional Person as Libel Plaintiff: Reexamination of the Public Figure Doctrine" (Harry W. Stonecipher and Don Sneed); "The Anti-Federalists and Taxation under the Free Press Clause of the First Amendment" (Brad Thompson); "Independent State Constitutional Analysis in Defamation Litigation: State High Court Decisions, 1986-1991" (James Parramore); "(Don't) Express Yourself: Can State Constitutions Protect Freedom of Speech and the Press during the Rehnquist Years? A 50-State Survey of Free Speech Provisions and a Digest of Selected States and How They Might Fare" (Nancy K. Bowman); "Inquiring Minds Have a 'Right' to Know: The Role of Tautology in Private Facts Cases" (Elizabeth M. Koehler); "Ideological Exclusion of Foreign Communicators: The Lingering Shadow of a McCarthy Era Xenophobe" (Yuming J. B. Hu); "Supreme… [PDF]

Helwig, Charles C. (1993). The Role of Social Context and Agent in the Development of Abstract Rights Concepts. Research suggests that adolescents as young as 13 years old reason about such abstract rights as freedom of speech and religion. It is unclear whether such reasoning develops earlier. Also unclear is the role of adults as agents in inculating in children the adults' views on such rights. A study examined 184 Canadian students in the first, third, and seventh grades. Researchers interviewed half the students concerning free speech issues and the other half on religious freedom questions. The students reacted to stories in which an authority prohibits agents from exercising the right in question. The research examined such issues in three social contexts: (1) the general level of society; (2) the school setting; and (3) the family. In the stories, the agents were either adults or eight-year olds. Researchers assessed the legitimacy of the prohibition, evaluation of the rule, universality, and evaluation of the violation. In general, affirmations of freedom tended to increase with age… [PDF]

Downey, John P.; Jennings, Peggy (1993). Insights and Implications of Campus Hate Speech Codes. Student affairs personnel must both ensure the safety and basic civil rights of students and also find ways to expose students to the consequences of their actions and speech. These obligations involve tensions between students' rights to free speech and their rights to equal protection under the Constitution, thus to education free from harassment. Among current policy options is the Chaplinsky "fighting words doctrine" to be used in place of vaguely-worded policies; other policies or refinements also exist. Regardless of which approach an institution chooses, several factors must be considered when developing and implementing a hate speech policy. Among these are which minority groups are to be affected, whether the policy includes faculty as well as students, whether it extends to off-campus activities, whether harm must be actual or merely potential, how the policy will be enforced, and what the range of sanctions is to be. Institutions should take a comprehensive… [PDF]

Schwartz, Thomas A. (1983). A First Look at Sandra Day O'Connor and the First Amendment. First Amendment students were unhappy to see Supreme Court Justice Potter Stewart retire because his voting record demonstrated a favorable attitude toward freedom of speech and press. His replacement, Sandra Day O'Connor, was predicted to be a conservative or moderate who probably would vote consistently with Stewart in other areas, but her predilections about freedom of expression were unknown. In 184 cases in her first term and a half, O'Connor tended to side with the conservative justices in both First Amendment and other cases. Her decisions and opinions articulate a view that the role of the Court is limited and that deference to the states and to the political branches of the federal government should be the norm. In 23 free speech and press cases, O'Connor tended to side with the majority and with conservative justices. Her assertions of the values in the First Amendment pale in comparison with those of Stewart and other justices. Previous justices have developed a better…

Hobbs, Walter C. (1987). "In Loco Parentis" Revisited and Commercial Speech on Campus. ASHE 1987 Annual Meeting Paper. The applicability of "in loco parentis" and the issue of commercial speech (e.g. sales pitches and advertising) on campus are discussed. While in previous years the principle of in loco parentis allowed colleges to dicate the behavior of its students, colleges must now take reasonable steps to guarantee the physical safety of students. This doctrine was weakened by the arrival on campus of veterans and by the lowering of the age of majority to 18. In loco parentis is still legally viable at any college that elects to stand in the place of a parent whose minor child matriculates there. At more mainstream schools, plaintiffs are using this doctrine to try to hold the college liable for injuries they have suffered. The issue of commercial speech on campus also centers on responsibility of the college to protect students. The focus here is the public sector and the protections cited in the First Amendment, including those that guarantee free speech. It is emphasized that…

Plopper, Bruce Loren; Trager, Robert (1978). Public Forum Theory in the Educational Setting: From the Schoolhouse Gate to the Student Press. Since 1939, legal recognition of the public forum concept has been gradually extended to include the public schools. This expansion of the free speech right has been accompanied by a movement of similar intensity aimed at narrowing the scope of regulatory action that might inhibit First Amendment freedoms. Ultimately, recognition of the public school as a public forum was coupled with the narrowed scope of allowable regulatory action. The result has been a philosophical revolution in which the student press, once conceived as an educational tool fully controlled by school authorities, is now seen as enjoying the same freedom from regulation afforded any other speech activity in a public forum. While this philosophy has not been universally accepted as yet, it has been recognized by all levels of federal courts and several state courts. The implication of these developments is that students who edit, produce, or distribute literature on school grounds are subject to regulatory action… [PDF]

Craise, Judith L.; Trent, James W. (1967). Commitment and Conformity in the American College. Journal of Social Issues, v23 n3 p34-51. The major thesis of this paper is that the intense political activism observed on some campuses is not pervasive and is representative of only a small proportion of college students in the US; and that the great majority of students today largely manifest the apathy and conformity that have characterized students in the past, rather than the kind of commitment and autonomy that leads to political activism or serious political involvement. To substantiate this, the extent of dissent in colleges across the country is discussed and a portrait of the "average" student is drawn based on a national sample of 10,000 high school graduates. A comparison is made of personality traits of Free Speech members, of their contemporaries in professionally oriented programs, and of students in the national sample. This last analysis, which includes data on both college and noncollege peer groups, is especially pertinent to 1 of the major themes: that college can provide the environment for…

Marcus, Laurence R. (1996). Fighting Words. The Politics of Hateful Speech. This book explores issues typified by a series of hateful speech events at Kean College (New Jersey) and on other U.S. campuses in the early 1990s, by examining the dichotomies that exist between the First and the Fourteenth Amendments and between civil liberties and civil rights, and by contrasting the values of free speech and academic freedom in the university to the failure to provide equal protection to students. An introductory chapter reviews the precipitating events at Kean College, when speakers from outside the college (Leonard Jeffries, Khalid Abdul Muhammad, and Louis Farrakhan) polarized the campus. African Americans felt their cultural event had been treated with disrespect; Jewish students, faculty, and staff were upset that a speaker known for anti-Semitic attitudes was allowed to speak without confronting those whom he defamed; Hispanics saw a plot to get rid of the Hispanic president. Succeeding chapters cover changing U.S. demographics and attitudes; the…

Gathegi, John N. (2005). The Public Library as a Public Forum: The (De)Evolution of a Legal Doctrine. Library Quarterly, v75 n1 p1-19 Jan. When dealing with First Amendment free speech issues in the context of public libraries, courts have merely cited the supposition that constitutional public forum analysis leads to the conclusion that the public library is a limited public forum for the purposes of First Amendment analysis. By focusing narrowly on the issue of whether Internet access in libraries constitutes a public forum, and determining that it does not, the U.S. Supreme Court not only misses an opportunity to refine the concept of the public forum in modern-day terms but also somehow implies that public library activities are different from other speech activities and are subject to the managerial authority of the government. This article makes the argument that a redefinition of the public forum doctrine would bring under its ambit the public library, to join the "traditional" public forums such as streets, sidewalks, and parks–a departure from the current designation of the public library as a… [Direct]

Chace, William M. (2006). One Hundred Semesters: My Adventures as Student, Professor, and University President, and What I Learned along the Way. Princeton University Press In "One Hundred Semesters", William Chace mixes incisive analysis with memoir to create an illuminating picture of the evolution of American higher education over the past half century. Chace follows his own journey from undergraduate education at Haverford College to teaching at Stillman, a traditionally African-American college in Alabama, in the 1960s, to his days as a professor at Stanford and his appointment as president of two very different institutions–Wesleyan University and Emory University. Chace takes us with him through his decades in education–his expulsion from college, his boredom and confusion as a graduate student during the Free Speech movement at Berkeley, and his involvement in three contentious cases at Stanford: on tenure, curriculum, and academic freedom. When readers follow Chace on his trip to jail after he joins Stillman students in a civil rights protest, it is clear that the ideas he presents are born of experience, not preached from an ivory… [Direct]

(1995). The Changing Telecommunications Marketplace: Issues and Challenges for Higher Education. This publication details the critical issues being debated in telecommunications today and their impact on colleges and universities in the future. An introduction identifies important changes in recent years including technological advances, the digitizing of communication, privatization and commercialization of the Internet, possible significant revision of federal and state telecommunications law, and universities' growing dependence on telecommunications. Discussion of each of five current or emerging issues follows. The discussion of universal access, service, and affordability notes that telecommunication monopolies which benefited higher education are being replaced by competition possibly causing initially higher costs, the replacement of traditional distance learning formats, and challenges to university libraries. The next section discusses balancing the free exchange of ideas and dissemination of knowledge with the intellectual property rights of authors, publishers, and… [PDF]

Banks, Mark J.; Porter, Gregory S. (1987). Perceptions of Cable Public Access. Members of the local community should be aware of public access channels on cable television systems, yet large segments of the public are unaware that they exist. To determine how the medium was perceived in the Milwaukee, Wisconsin area, a study surveyed 226 individuals by telephone, asking if they were aware of public or community access on cable. For respondents who answered negatively, public access was defined as the opportunity for people to produce and show their own programs on cable television, because public access television has many synonyms in practice. Results of the awareness poll indicated that cable subscribers were significantly more likely to express awareness than non-subscribers, and those who lived in areas served by older cable systems or were more educated were even more likely to be aware. After learning of it through mass media information, flipping channels was the most common way people became aware of public access. Respondents were polled for words…

Kightlinger, Diane R. (1988). Judges Fight Trial Publicity: Open the Courtroom but Close Participants' Mouths. Since, in most cases, sequestration is no longer an option for judges to insure an impartial jury, judicial restraints or suppression orders directed at trial participants have become increasingly attractive. The problem is that the press has a desire to disseminate information about the judicial process to the public. Silence orders prohibiting extrajudicial comment by trial participants raise important questions about the right of participants to communicate with the public, in particular via the press, and the right of the press to gather news. Clarification of participants' rights and the correct standard of review is needed to provide nationally consistent guidelines for implementing silence orders. Trial participants, the press, and the public must be made aware of their rights when a judge issues an order proscribing extrajudicial comment. "Compelling interest" is a standard of review which provides greater clarity and precision and is a balancing of the state's…

Carter, T. Barton (1987). Some Initial Thoughts on Salinger v. Random House. The legal action brought by author J. D. Salinger against Random House Publishers to prevent certain letters–now the property of various university libraries–from being published in a biography illustrates how the long-standing accommodation between the Copyright Act and the First Amendment can occasionally break down. Although the biographer mostly paraphrased passages of the letters, Salinger has since copyrighted the letters and the court has issued an injunction against their use. In such a case, a problem exists between the writer's right to disseminate information useful to the public and the original "owner" of the information to profit from later publication of the information. Several possibilities for resolving this problem exist. Use of the idea/expression dichotomy or the fair use defense is inadequate because it is difficult to draw the line between idea and expression, and sometimes use of the original expression is necessary; and the fair use analysis…

Vetter, Harold J. (1968). Language Behavior in Schizophrenia; Selected Readings in Research and Theory. Fourteen papers discuss language behavior in schizophrenia. Provided are an introduction to the phenomena, by H. J. Vetter, and considerations of the following: problems posed by schizophrenic language, by M. Lorenz; the validity of clinical judgments of schizophrenic pathology based on verbal responses to intelligence test items, by N. F. Jones; and symbolic distortion in the vocabulary definitions of schizophrenics, by J. Richman. L. J. Chapman describes confusion of figurative and literal usages of words by schizophrenics and brain damaged patients; T. S. Eliseo discusses figurative and literal misinterpretations of words by process and reactive schizophrenics; and S. A. Mednick considers a learning theory approach to research in schizophrenia. Further papers are on associative inference in the verbal learning performance of schizophrenics and normals, by J. T. Spence and C. V. Lair; language theory and \opposite speech,\ by A. W. Staats; the use of contextual associates in the…

Pickrell, Thomas W. (2000). School Board Meetings and the First Amendment. Inquiry & Analysis, May. This article reviews some of the First Amendment issues that school boards and their legal counsel often encounter during a school board meeting. The discussion necessarily begins with a brief review of the public forum doctrine, under which is included the traditional public forum, the designated public forum, and the nonpublic forum. The article discusses the school board meeting as a public forum. In a designated public forum, school boards must be wary of three types of content-based exclusions: criticism of school officials, selection of subjects, and selection of speakers. The article also lists time, place, and manner restrictions. The presiding officer and members of a school board should understand that, if the public is invited to comment upon an agenda item or any matter within the school district's jurisdiction, a public forum is created. In a public forum, the school board can request patrons to use alternative channels to criticize school employees, but a prohibition… [PDF]

Kaplin, William A.; Lee, Barbara A. (1998). The Law of Higher Education, 1997 Supplement. Third Edition. This 1997 supplement to \The Law of Higher Education: A Comprehensive Guide to Lead Implications of Administrative Decision Making, Third Edition\ (1995) (ED 383 256), includes discussions of court opinions, statutes, regulations, and related developments, and cites selected law journal articles, books, and other resources concerning the legal aspects of college administration. An introductory chapter gives an overview of postsecondary education law, its scope and evolution, the nature of court litigation, the public-private dichotomy, and the role of religion in this dichotomy. Subsequent chapters address specific topics: trustees/administrators/staff (sources and scope of authority, institutional liability for others' acts, institutional management of liability risk); faculty (nondiscrimination in employment, affirmative action, personnel decisions, academic freedom); students (legal status, admissions, financial aid, support services, disciplinary/grievance systems,…

Dickey, Beth (1992). Lugoff-Elgin HS Students Exercise First Amendment Rights to Save Principal's Job. Quill and Scroll, v66 n4 p10-12 Apr-May. Describes how high school students at Lugoff-Elgin High School in South Carolina exercised their first amendment rights of free press and speech and won the first round in a fight to save their principal's job. (SR)…

Marshall, George Matthews, IV (1972). Sex-Typing of Speech of Prepubertal Children. ProQuest LLC, Ph.D. Dissertation, Louisiana State University and Agricultural & Mechanical College. In this study, utterances of prepubertal children. were examined for the purpose of limiting and isolating linguistic factors which may be important for aural perception of sex. The subjects were 43 third grade children, 21 boys and 22 girls, who ranged in age from eight years, four months, to nine years. Each of the children produced 19 types of utterances: minimally structured free speech; the sentences "How are you" and "Try try again" consonant-vowel syllables containing the six stop consonants /p/, /b/, /t/, /a/, /k/, and /g/, in conjunction with the vowel /a/; the same series of stops with the diphthong /aI/; and sustained productions of the vowels /i/, /a/, /[alpha]/, and /u/. Tape recordings of the utterances were presented, in random order, to a panel of 16 adult listeners who identified speaker sex after each utterance. Eighty-six per cent of listener identifications of boys and 87 per cent of identifications of girls were correct on minimally structured… [Direct]

Hardy-Short, Dayle; Short, Brant (1984). Sixty Minutes to Better Communication: Ethical Issues within the Communication Workshop. \Communication workshop\ refers to the public-service oriented course that civic organizations, services, and clubs and political groups often request from professional educators. Ethical communication demonstrates a desire for the good of all those involved in the communication process, rather than just the personal gain of the speaker or the good of the listener. One possible method of teaching ethics within the constraints of the workshop requires placing ethics and communication in a broader perspective: instead of separating ethics from communicaton theory, the instructor may merge the two by suggesting that ethical communication achieves more significant goals than audience effect. Ethical communication may then be viewed as a means of maintaining a healthy society, guaranteeing free speech, and enhancing political pluralism, among other societal goals. Within a personal code of communication ethics, workshop instructors should (1) fully and honestly disclose academic… [PDF]

Stern, Ralph D. (1994). Hate Speech: Political Correctness v. the First Amendment. Both freedom of speech and freedom from discrimination are generally accepted expressions of public policy. The application of these policies, however, leads to conflicts that pose both practical and conceptual problems. This paper presents a review of court litigation and addresses the question of how to reconcile the conflicting societal goals of free speech and freedom from discrimination, considering the limited guidance provided by courts. The following principles emerged from the review of cases: (1) Racially biased conduct, including speech, which interferes with another person's ability to benefit from or participate in the district's programs creates an unlawful racially hostile educational environment; (2) school districts have an affirmative obligation to take prompt and decisive remedial action when racially biased conduct creates a hostile educational environment; (3) the nature of the remedial action must be designed to redress the harm caused by the offensive conduct… [PDF]

Shelton, Michael W. (1993). Hateful Help–A Practical Look at the Issue of Hate Speech. Many college and university administrators have responded to the recent increase in hateful incidents on campus by putting hate speech codes into place. The establishment of speech codes has sparked a heated debate over the impact that such codes have upon free speech and First Amendment values. Some commentators have suggested that viewing hate speech as a special category of expression, unworthy of traditional protection, will result in unpredictable consequences. Many administrators, however, feel that the codes are justified because of the threat that hate speech poses to the educational process and environment. Many administrators also feel that institutions of higher learning should at least be responsible for the behavior of students. Most of the arguments supporting hate speech codes focus around the notion that establishment and maintenance of a university "community" is essential. But every community–including a college or university community–must accept some… [PDF]

Taylor, Anita (1986). A Modified Approach to PSI (Personalized System of Instruction) in COMM 100 Introduction to Communication as Implemented at George Mason University. In the personalized system of instruction (PSI) used in beginning communication courses at George Mason University (Virginia), the students do more than read text materials and master cognitive course objectives. They are encouraged to have experiences that reinforce what they read and to consider how these experiences relate to everyday life. The students are also required to do a substantial amount of writing. The COMM 100 Introduction to Communication course is a survey course with several goals for students: (1) to learn basic principles of communication, specifically, interpersonal, intercultural, group, public, and persuasive communication; (2) to communicate in order to reinforce newly learned ideas; (3) to master minimal skills of public speaking; (4) to write graded and ungraded assignments; and (5) to understand the concept of free speech. To achieve these goals, students work at their own pace, proceeding to the next phase of the course without necessarily having mastered… [PDF]

(1980). Secondary Lesson Plans in Law-Related Education. This handbook contains teacher developed lessons to help Utah educators integrate legal education and values education into the overall secondary curriculum. The lessons can also be used by educators in other states. The handbook begins with a discussion of the various teaching methods utilized in the lessons: brainstorming, case studies, community resources, critical thinking, debates, grabbers, mock trials, newspapers, panel discussions, role playing, simulation, and gaming, and miscellaneous approaches, e.g., cop talk series and using literature and media. The bulk of the publication contains the lesson plans, for the junior high and senior high levels. Topics studied vary widely and include juvenile problems and the law, advertising techniques, compulsory school attendance law, student rights and school crime, basic legal concepts, shoplifting, free speech, criminal law terminology, crime in the community, and freedom of the press and privacy. The lessons can be used in U.S….

(2002). School Law in Review, 2002. This is a compilation of presentations delivered at the National School Boards Association Council of School Attorneys' Annual School Law Seminar: (1) \Environmental Hazards for Urban Schools Facing the New Challenge\ (Kelly Frels, Kevin A. Ewing, Timothy A. Wilkins, Jason B. Hutt); (2) \How Accommodating? High-Stakes Testing and Federal Laws That Apply to Students with Disabilities\ (Arthur L. Coleman); (3) \Free Speech and Public Schools in a Post-Columbine World: Check Your Speech Rights at the Schoolhouse Metal Detector\ (Clay Calvert); (4) \Investigation of School Employee Misconduct Including the Misuse of Technology\ (Jeffrey J. Horner); (5) \High-Stakes Testing of Students with Disabilities\ (Michael E. Smith and Ronald D. Wenkart); (6) \Student Drug Testing\ (Stephanie Mather); (7) \FERPA and Student Record Keeping\ (Michael A. Owsley); (8) \How to Advise Districts on Investment Contracts\ (Dorian E. Turner); (9) \Fair Labor Standards Act Recordkeeping Practice Tips\…