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Jorgensen, James D.; Helms, Lelia B. – Review of Higher Education, 2008
The Supreme Court first affirmed the importance of academic freedom in 1957. Yet in subsequent cases, First Amendment precedent has displaced the concept of academic freedom to resolve disputes among competing interests on public campuses, primarily in favor of institutions. This paper draws on the concepts of path dependence and policy space to…
Descriptors: Academic Freedom, Constitutional Law, Stakeholders, Court Litigation
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Gorham-Oscilowski, Ursula; Jaeger, Paul T. – Government Information Quarterly, 2008
In response to the terrorist attacks of 9/11, the USA PATRIOT Act greatly expanded the ability of the Federal Bureau of Investigation to use National Security Letters (NSLs) in investigations and the contexts in which they could be used by relaxing the standards under which NSLs could be employed. NSLs allow investigators to acquire a significant…
Descriptors: Civil Rights, Investigations, Terrorism, Freedom of Speech
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Mello, Jeffrey A. – Journal of Legal Studies Education, 2008
This article presents a teaching case that involves the presentation of an actual incident in which a state commission on judicial performance had to balance a judge's First Amendment rights to protected free speech against his public statements about a societal class/group that were deemed to be derogatory and inflammatory and, hence, cast…
Descriptors: Freedom of Speech, Antisocial Behavior, Speech Communication, Social Bias
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Monseau, Susanna – Journal of Legal Studies Education, 2008
In the twenty-first century, differences in the treatment of trade in alcoholic beverages in comparison to other commercial goods seem at odds with the federal regulation of interstate trade under the Commerce Clause of the United States Constitution, which prohibits "differential treatment of in-state and out-of-state economic interests that…
Descriptors: Freedom of Speech, Barriers, Business, Drinking
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Bolick, Clint – Education Next, 2008
In 1999 the Ohio Supreme Court found the Cleveland school voucher program to be constitutional, thereby allowing the three-year-old initiative to continue. However, the school voucher program was ended when Judge Solomon Oliver enjoined the program after the anti-voucher coalition filed suit asking for a preliminary injunction. The judge's…
Descriptors: Educational Vouchers, School Choice, Educational Legislation, Politics of Education
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Hemmer, Joseph J., Jr. – American Indian Quarterly, 2008
American Indian symbols are used extensively as logos, mascots, nicknames, and trademarks. These images identify postsecondary as well as secondary academic institutions, professional sports franchises, commercial products, and geographic locations. Over the past few decades, efforts have been directed at eliminating or at least reducing the use…
Descriptors: American Indians, Constitutional Law, American Indian Education, Freedom of Speech
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Bennett, Tom; Foldesy, George – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2008
The Establishment Clause of the First Amendment to the U. S. Constitution sets forth the separation of church and state required in public schools. That clause has been interpreted in a lengthy history of U. S. Supreme Court decisions. Nevertheless, accommodating one person's right of religious expression while not infringing on another person's…
Descriptors: Public Schools, Constitutional Law, Court Litigation, State Church Separation
Sanders, Steve – Chronicle of Higher Education, 2008
A case pending in a federal court of appeals in California may clarify a surprisingly murky question: Do faculty members at public universities enjoy a special privilege to speak freely about institutional matters, or, as far as the First Amendment is concerned, are they just another category of government hirelings? Juan Hong, a professor of…
Descriptors: Federal Courts, Constitutional Law, College Faculty, Public Colleges
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Jordan, Amy B. – Future of Children, 2008
Amy Jordan addresses the need to balance the media industry's potentially important contributions to the healthy development of America's children against the consequences of excessive and age-inappropriate media exposure. Much of the philosophical tension regarding how much say the government should have about media content and delivery stems…
Descriptors: Video Games, Industry, Freedom of Speech, Federal Regulation
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Macgillivray, Ian K. – Educational Studies: Journal of the American Educational Studies Association, 2008
The Christian Right opposes the inclusion of sexual orientation in school policies, charging that the schools are legitimating and promoting homosexuality. The arguments have moved past the trite, "God created Adam and Eve, not Adam and Steve," to claims of violations of parental rights and the First Amendment, often positioning…
Descriptors: Religion, Sexual Orientation, Homosexuality, School Policy
Taylor, Kelley R. – Principal Leadership, 2008
The 2008 presidential campaign has, by all accounts, been extraordinary. Record numbers of voters expressed their views in historic primaries, and citizens across the country have been invigorated by debate about what policies and which politician will be best for this country. Equally noteworthy is the fact that young people have not been absent…
Descriptors: Freedom of Speech, Dress Codes, Constitutional Law, Student Rights
Lopez, Mark Hugo; Levine, Peter; Dautrich, Kenneth; Yalof, David – Center for Information and Research on Civic Learning and Engagement (CIRCLE), 2007
First Amendment principles are fragile, unless they have widespread public support. People form lasting views about civil liberties and other political issues in adolescence. They are influenced by many factors, including what they learn and experience in schools. Therefore, schools' treatment of the Constitution and the press is important for the…
Descriptors: Public Policy, Constitutional Law, Public Support, Multivariate Analysis
Kallio, Brenda; Geisel, Richard – National Association of Secondary School Principals (NASSP), 2007
Public schools are unique environments where the rights and responsibilities of one individual or group can easily, if unintentionally, infringe on the rights and responsibilities of other individuals or groups. This can leave public school employees wondering about the nature and scope of their rights. While it is well established that public…
Descriptors: Work Environment, School Personnel, Principals, Secondary School Teachers
Foundation for Individual Rights in Education (NJ1), 2007
Last year, the Foundation for Individual Rights in Education (FIRE) conducted its first-ever comprehensive study of restrictions on speech at America's colleges and universities, "Spotlight on Speech Codes 2006: The State of Free Speech on our Nation's Campuses." In light of the essentiality of free expression to a truly liberal…
Descriptors: Freedom of Speech, Constitutional Law, Public Colleges, Private Colleges
Fossey, Richard; DeMitchell, Todd A.; Eckes, Suzanne – Education Law Association, 2007
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:…
Descriptors: Sexual Orientation, Public Schools, Court Litigation, Civil Rights
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