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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
Conn, Kathleen – 2002
This book discusses the key legal issues public schools face in using the World Wide Web, e-mail, and other computer technologies. Chapter 1 covers the foundations of school Internet law, including Supreme Court decisions, the legal standard of conduct, standards for technology literacy, and federal vs. state law. Chapter 2 discusses freedom of…
Descriptors: Computer Uses in Education, Copyrights, Court Litigation, Electronic Mail
Bazluke, Francine Tilewick – 1996
This monograph reviews the law applying to defamation issues, cites various judicial decisions that affect colleges and universities, and offers guidance for minimizing the risk of defamation liability. It defines the two subclasses of defamatory statements: first, libel, which is a recorded or printed statement, and second, slander, which is…
Descriptors: Administrative Policy, Civil Liberties, College Administration, Compliance (Legal)
Morrison, Linda – 1991
Traditional efforts to reform education have not succeeded because the education system has resisted major change. Achieving meaningful reform will require educational restructuring, and this restructuring will have to be based on competition, which is a basic fact of every other profession. For this reason, many states are moving to adopt…
Descriptors: Accountability, Competition, Decision Making, Educational Change
Peck, Robert S. – 2000
Intended to be a practical guide to the issues that arise under the First Amendment for libraries that provide public access to the Internet, this book contains the following chapters: (1) "Questions and Answers about the First Amendment: Sex, Lies, and Cyberspace"; (2) "Basic First Amendment Principles and Their Application to…
Descriptors: Access to Information, Confidentiality, Elementary Secondary Education, Freedom of Speech
In October, 1998, Congress enacted the Child Online Protection Act and established the Commission on Online Child Protection (COPA) to study methods to help reduce access by minors to certain sexually explicit material, defined in the statute as harmful to minors. Congress directed the Commission to evaluate the accessibility, cost, and…
Descriptors: Access to Information, Child Safety, Children, Federal Legislation
The appendices for the Commission on Child Online Protection (COPA) Report to Congress, October 20, 2000, include the following: Commission overview, which includes scope and timeline, original statute, amended statute, technologies and methods, and biographies of the commissioners; Commission finances; Commission meetings for the year 2000;…
Descriptors: Access to Information, Child Safety, Children, Federal Legislation
Hazlett, Thomas W. – 1989
The driving force in federal licensing has been the combined political interests of legislators desirous of obtaining valuable prerogatives over the assignment of frequencies; incumbent broadcasters, ever vigilant in restricting new entry into broadcasting; and "public interest" lobbyists, whose self-interests lay in politicizing the…
Descriptors: Broadcast Industry, Federal Regulation, Policy Formation, Telecommunications
O'Donnell, Shawn – 1989
This analysis of First Amendment rights for the electronic media recounts the stories of the broadcasting/cable industry must-carry compromise of 1986 and the failed codification of the Fairness Doctrine in 1987. It is noted that these cases were peculiar because, in each instance, the most powerful media in the country willingly sought abridgment…
Descriptors: Broadcast Industry, Federal Regulation, Policy Formation, Telecommunications
LeBlanc-Wicks, Jan – 1986
Intended to help clarify issues surrounding the right of publicity (protection against the unauthorized commercial appropriation of a person's name, likeness, achievements or characteristics), this paper provides explanations of how the right developed, what it protects, how it has been applied in various jurisdictions around the country, and the…
Descriptors: Civil Liberties, Court Litigation, Freedom of Speech, Guidelines
Schimmel, David – 1981
To assist public school administrators in identifying constitutionally permissible religious observances of national religious holidays, this paper analyzes a federal appellate court case, Florey v. Sioux Falls School District, in which it was found that public schools would not violate the First Amendment by observing religious holidays if the…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
O'Neil, Robert M. – Educom Review, 1996
Examines First Amendment rights and protection as they relate to electronic communication. Topics include distinctions between print media and electronic media, analogies to more familiar technology, indecent versus obscene material, easier access to information via the Internet, and the need to design new policies that fit electronic media. (LRW)
Descriptors: Access to Information, Freedom of Speech, Intellectual Freedom, Internet
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Geiszler, Robert W. – Journal of Information Ethics, 1998
The case of an indigent library patron recovering a judgment against a public library is used as a backdrop for discussing patron behavior policies in the public library. Highlights include First Amendment rights, the public library as an expressive forum, government rules, policy lessons from the case, and acceptable policies. (AEF)
Descriptors: Access to Information, Behavior Problems, Civil Rights, Constitutional Law
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Neiger, Jan Alan; Palmer, Carolyn; Penney, Sophie; Gehring, Donald D. – NASPA Journal, 1998
As part of a larger study, researchers collected campus codes prohibiting hate crimes, which were then reviewed to determine whether the codes presented constitutional problems. Based on this review, the authors develop and present a model policy that is content neutral and does not use language that could be viewed as unconstitutionally vague or…
Descriptors: Behavior Problems, College Students, Hate Crime, Higher Education
Kreamer, Jean Thibodeaux – Wilson Library Bulletin, 1994
Considers the role of public library trustees in censorship challenges. Topics addressed include the need for clear library policies concerning censorship; informing trustees about First Amendment rights, challenges regarding problem patrons and age restrictions, the trustee as citizen as well as board member, and the board's need for appropriate…
Descriptors: Age Discrimination, Censorship, Citizen Role, Governing Boards
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