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Showing 1 to 15 of 409 results Save | Export
Stuller, W. Stuart – Inquiry & Analysis, 1998
This article provides an overview of court cases that affect the curricular speech of teachers. Despite the large number of cases, the law governing speech in the schools is anything but settled. Courts disagree as to the analytical framework that should be applied to such claims, although most courts use the standard articulated by the Supreme…
Descriptors: Academic Freedom, Civil Liberties, Court Litigation, Elementary Secondary Education
Peer reviewed Peer reviewed
Burgess, Barbara A.; Thomas, Stephen B. – West's Education Law Reporter, 1989
Legal disputes concern limiting access of sales demonstrations to student residence halls. Court cases argue the regulation of commercial speech, the rights of sales demonstrators on campus, the university's censorship of demonstrations, and student privacy and association rights. (SI)
Descriptors: Court Litigation, Dormitories, Educational Legislation, Higher Education
Fisher, M. Byron – 1978
This paper discusses how contemporary community standards influence court decisions regarding First Amendment rights of free speech. It briefly reviews controls of free speech, the problem of language use, free speech as it affects orderly conduct, and disciplinary procedures. (Author/LD)
Descriptors: Behavior Standards, Community, Freedom of Speech, High School Students
Flygare, Thomas J. – Phi Delta Kappan, 1983
Argues that an April 20, 1983, United States Supreme Court decision upholding the discharge of a former New Orleans assistant district attorney may have negative consequences for the free speech rights of public employees, including teachers. (JBM)
Descriptors: Academic Freedom, Court Litigation, Democracy, Freedom of Speech
Sanders, Wayne – Southern Speech Communication Journal, 1981
Provides a rationale for private sector free speech. Reviews federal cases dealing with free speech in private organizations and assesses the chances of future free speech expansion via state action. Concludes that legislation and not the Constitution is the most viable means of obtaining free speech in the private organization. (PD)
Descriptors: Court Litigation, Employees, Freedom of Speech, Industry
Peer reviewed Peer reviewed
Gill, Ann M. – Journal of Law and Education, 1991
Reviews the pair of cases involving the free speech rights of public high school students; the response by legal commentators; and the court decisions in the wake of "Fraser" and "Hazelwood." (103 references) (MLF)
Descriptors: Court Litigation, Federal Courts, Freedom of Speech, High School Students
Dowling-Sendor, Benjamin – American School Board Journal, 1999
The Ninth Circuit Court's decision upholding the Madison School District's policy allowing students to speak (and pray) at graduation ceremonies is correct. So long as students are selected by religiously neutral criteria (class rank) and can speak on any topic, the Free Speech Clause should protect that student's expression. (MLH)
Descriptors: Freedom of Speech, Graduation, High Schools, School Prayer
Pulliam, Mark S. – Labor Law Journal, 1980
Explores the neglected free speech and free association problems inherent in public sector union-security agreements. (Author/IRT)
Descriptors: Collective Bargaining, Constitutional Law, Court Litigation, Freedom of Speech
Peer reviewed Peer reviewed
Harris, Phillip H. – West's Education Law Reporter, 1991
The Supreme Court, in an upcoming case "Lee v. Weisman," will rule on whether prayer may be offered out loud at a public school graduation program. Argues that past court decisions have interpreted the Establishment Clause of the First Amendment over the Free Speech Clause of that same amendment. (57 references) (MLF)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Luna, Gene – Journal of College and University Student Housing, 1987
Considers the right to free speech guaranteed in the first amendment to the United States Constitution and discusses categories of public property and the standards of regulation applied to each in terms of freedom of speech. Reviews two court cases involving American Future Systems, Inc., a private corporation which sells cookware, silverware,…
Descriptors: College Housing, Court Litigation, Dormitories, Freedom of Speech
Peer reviewed Peer reviewed
Porto, Brian L. – Journal of Law and Education, 1982
Analyzes the unwillingness of the federal courts to view the traditional braided hairstyle worn by American Indian students as worthy of protection under the Tinker "symbolic speech" doctrine. Examines the legacy of the Tinker doctrine for Indian students and presents an argument for expanding this precedent. (Author/MLF)
Descriptors: American Indians, Court Litigation, Dress Codes, Elementary Secondary Education
Peer reviewed Peer reviewed
DeMitchell, Todd A. – International Journal of Educational Reform, 1996
In "Rosenberger versus University of Virginia," the U.S. Supreme Court held that the university violated students' free speech rights by withholding financial support for a student publication, based on its religious orientation. This case explored the intersection of two powerful constitutional protections--free speech and the…
Descriptors: Court Litigation, Financial Support, Freedom of Speech, Higher Education
Weaver, Kenneth L., Ed. – 1990
This document discusses tribal governance as part of the "Native American Week" on Montana State University's Bozeman campus. The document contains a commissioned paper, a panel discussion, a speech, and a list of legal documents of tribal governments in Montana. The commissioned paper, "Federal Indian Policy: A Summary," by…
Descriptors: American Indian Education, American Indian Reservations, American Indians, Cultural Differences
Meese, Edwin, III – 1986
This paper discusses the distinction between the Constitution and constitutional law. The Constitution is the fundamental law of the United States. It creates the institutions of government, enumerates the powers of these institutions, and delineates areas government may not enter. The Constitution is the instrument by which the consent of the…
Descriptors: Citizenship Education, Constitutional History, Constitutional Law, Court Litigation
Beezer, Bruce – 1989
The "pig in the parlor" refers to a growing area of censorship. In this paper, "parlor" stands for public schools, and "pig" for speech that need not be protected if it occurs at an inappropriate time or place, i.e., if such speech is not considered to bear the "imprimatur" of the schools. A review of the…
Descriptors: Court Litigation, Educational Legislation, Elementary Secondary Education, Ethics
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