ERIC Number: ED259640
Record Type: Non-Journal
Publication Date: 1985-Mar
Reference Count: N/A
The Supreme Court and Academe: The Evolution of Constitutional Doctrines for Higher Education. ASHE 1985 Annual Meeting Paper.
Gilbertson, Eric R.
The application of constitutional doctrines to controversies involving higher education institutions and legal theories emanating from the Supreme Court are discussed. The historical review covers academic freedom at colleges, or freedom from political interference of of outside intervention: freedom of speech or association in colleges and universities; the rights of students; the rights and interests of a private college; equal opportunity in the academy; and procedural rights for faculty and students. Constitutional decisions regarding academic freedom have struck down loyalty oaths for college staff, intrusive reporting requirements, and restrictions on political activity. The Supreme Court has protected the right of a student editor to publish controversial material. The controversies today concern the future of predominantly or historically black colleges, full integration of colleges that have been closed or hostile to minorities, and the question of whether sex discrimination in educational programs can be barred. Redefinitions of relationships in academia have resulted from Supreme Court decisions, including students' relationships with colleges and universities and the rights and responsibilities of faculty and staff. (SW)
Descriptors: Academic Freedom, Affirmative Action, Black Colleges, College Desegregation, College Faculty, Constitutional Law, Court Litigation, Due Process, Faculty College Relationship, Freedom of Speech, Government School Relationship, Higher Education, Institutional Autonomy, Minority Groups, Private Colleges, Racial Discrimination, Sex Discrimination, Student College Relationship, Student Rights, Teacher Rights
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A