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Martinson, David L. – Social Studies, 2006
One of the most perplexing quandaries that has continually confronted proponents of democratic governance centers around the question of how to protect the right of the majority to govern while simultaneously protecting the fundamental rights of those who are, at least temporarily, in the minority (Martinson 1996, 163). The author of this paper…
Descriptors: Social Studies, Teaching Methods, Democracy, Philosophy
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Malikow, Max – Kappa Delta Pi Record, 2006
A year ago, an upstate New York college withdrew a speaking invitation to Wade Churchill, a University of Colorado professor who had characterized 9/11 victims as "little Eichmanns." Churchill's portrayal of 9/11 victims as a mixture of conscious and unwitting participants in a systemic evil of Holocaust proportions indeed was…
Descriptors: Constitutional Law, Academic Freedom, Secondary School Students, Controversial Issues (Course Content)
Muir, Mike – Education Partnerships, Inc., 2005
Catholic, Protestant, and Jewish parochial schools have always had religious studies as part of their curriculum, but there has been the question about whether public schools can also. "In 1962 two U.S. Supreme Court cases (Abington School District vs. Schempp and Engle vs. Vitale) prohibited the practice of Bible reading in public schools.…
Descriptors: Philosophy, Public Schools, Religion, Religious Education
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Garnett, Richard W.; Pearsall, Christopher S. – Education and the Law, 2005
In "Zelman v. Simmons-Harris," the Supreme Court of the US made it clear that governments do not unconstitutionally "establish" religion merely by permitting eligible students to use publicly funded scholarships to attend qualifying religious schools, so long as the students' parents are able to make a "true private…
Descriptors: School Choice, Constitutional Law, Educational Vouchers, State Church Separation
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Trinkaus-Randall, Gregor – Journal of Archival Organization, 2005
In October 2001, Congress passed the USA PATRIOT Act to strengthen the ability of the U.S. government to combat terrorism. Unfortunately, some sections of the Act strike at core values and practices of libraries and archives, especially in the areas of record keeping, privacy, confidentiality, security, and access to the collections. This article…
Descriptors: Federal Legislation, National Security, Archives, Confidentiality
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Gathegi, John N. – Library Quarterly, 2005
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…
Descriptors: Public Libraries, Freedom of Speech, Constitutional Law, Court Litigation
Zirkel, Perry A. – Phi Delta Kappan, 2005
During the 2002-03 school year, Michael B., Rebecca D., and Aldo V. were eighth-graders at the Regional Gifted Center program at the Beaubien School in the Chicago school system. In February, the Beaubien School held an annual contest for eighth-graders to determine the design for the class T-shirt. Michael was disappointed that his design did not…
Descriptors: Censorship, Disabilities, Freedom of Speech, Court Litigation
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Chaltain, Sam – Social Education, 2005
Since its founding more than 200 years ago, America has stood for the promise, if not always the practice, of freedom. On its best days, America is a nation committed to the revolutionary proposition that more freedom, not less, is the key to a vibrant, equitable, and secure democracy. However, the results of a recent national study, "The…
Descriptors: Freedom, Democracy, Constitutional Law, Censorship
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Landman, James H. – Social Education, 2005
We often hear that democracy is not a spectator sport. This is certainly true of trial by jury, a cornerstone of our democracy, which depends on the willingness of Americans from all walks of life to devote themselves to the difficult work of determining another person's guilt or innocence of a crime. But the work of those citizens selected to…
Descriptors: Court Litigation, Mass Media Effects, Justice, Constitutional Law
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Essex, Nathan L. – American Secondary Education, 2005
School leaders must recognize and respect the freedom of expression rights of students within reasonable limits, but they may restrict student expression that creates material and substantial disruption to the educational process. The challenge for school leaders is to achieve the proper balance between the rights of students and the needs of…
Descriptors: Constitutional Law, Homosexuality, Student Rights, Freedom of Speech
Zirkel, Perry A. – Phi Delta Kappan, 2005
On 26 September 2001, the Chino Valley School District, which is approximately 30 miles east of Los Angeles, signed a negotiated agreement with the duly authorized union representing the certified employees, the Associated Chino Teachers (ACT). The agreement provided that every member of the represented unit would become either a member of the ACT…
Descriptors: Religion, Equal Protection, Court Litigation, Constitutional Law
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Martinson, David L. – Clearing House, 2005
The author of this article states that one of the more troubling aspects of contemporary American culture is the considerable number of persons who feel no obligation to support freedom of speech and/or freedom of the press. Those who disagree are perceived as dangerous. There are right answers and wrong answers, and to suggest that one might…
Descriptors: Controversial Issues (Course Content), Social Studies, Conflict, Teaching Methods
Walsh, Mark – Education Week, 2005
John Tinker and Mary Beth Tinker are back in a classroom in their hometown, once again wearing black armbands and drawing attention to a war. Now in their 50s, the siblings are living symbols of constitutional rights for secondary school students. In 1965, they and a handful of others were suspended for wearing black armbands to their public…
Descriptors: Constitutional Law, War, Community Schools, Court Litigation
Durbin, Kathie – Teaching Tolerance, 2005
Notwithstanding the First Amendment, book banning is a practice rooted in American history. In 1873, Congress passed the Comstock Law in an effort to legislate public morality. Though rarely enforced, the act remains on the books. A survey by the National School Boards Association found that one-third of challenges to school reading materials in…
Descriptors: Reading Materials, Controversial Issues (Course Content), Classics (Literature), Academic Freedom
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Williams, Charles F. – Social Education, 2005
Reactions to the retirement of Justice Sandra Day O'Connor and debate over the president's replacement nomination, Judge John Roberts, Jr., of the D.C. Circuit, dominated this summer's Supreme Court recess. Subsequently, after Chief Justice William H. Rehnquist's death on September 3, 2005, President Bush nominated Roberts for the chief justice…
Descriptors: Federal Courts, Court Litigation, Judges, Opinions
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