In this engaging interview, John D. Inazu identifies confident pluralism as the way for us to thrive in connection even when divided by deep differences. Since our differences are not just going to go away, we need to learn to live with others with whom we do not agree. Inazu explains that tolerance, humility, and patience are the foundational…

Monica Williams, a beloved counselor of an urban middle school, is shocked to learn that she is being terminated for a comment she made on Facebook. This case was developed for use in an educational leadership course for students to evaluate an educator's right to freedom of speech in relation to social media. Instructors can use the case to…

This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

Video games today give players an unprecedented opportunity to become part of the game. They literally put players in the game. And with rapid technological improvements and endless creativity, games are only becoming more realistic. They are also becoming more violent. Today's games allow players to kill, maim, dismember, and torture victims by…

Social studies and history teachers should be free to expose students to controversial ideas and to teach critical thinking skills. But are they free? Do they have the constitutional right--call it academic freedom--to teach what they want and to discuss controversial issues in the classroom? The short answer is "no." In this article,…

Updated for the first time since 2005, this indispensable volume includes revised interpretations of the Library Bill of Rights along with key intellectual freedom guidelines and policies, including: (1) A new chapter, "Interactivity and the Internet," and other fresh material on intellectual freedom and privacy in online social…

Richard Komer's paper helpfully and carefully shows that, after the Supreme Court's 2002 ruling in Zelman v. Simmons-Harris, a formidable obstacle to choice-based educational reform has been removed, and also that other, no-less-formidable obstacles remain, in the form of anti-aid provisions contained in various states' own constitutions. This…

Rather than anticipating an issue or proactively addressing it, college and university administrators often find themselves in the position of reacting to recent laws or court decisions. This paper examines an issue ripe for proactive thought; an issue not yet directly considered in court cases: free speech and the student employee. In the…

Since the "Tinker" decision, the Supreme Court has maintained that student First Amendment rights are modified by the "special characteristics of the school environment." The nature of these characteristics, however, has not been adequately investigated. The author proposes seven characteristics of schools that are relevant to…

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…

The first half of this volume presents an introductory essay defining the First Amendment and the legal aspects of censorship, and offers an annotated list of books that have been banned at various times throughout history. The annotations, arranged according to the birth dates of the authors, include a chronological account of the censorship…

Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons' exercise of religious beliefs. In…

Court cases involving the relationship between institutions of higher education and their students during 1980 are discussed in this sixth and final chapter. A number of cases concerned constitutional issues such as rights of expression, due process, and association; separation of church and state; and freedom from undue search and seizure. Also…

Court cases involving the relationship between institutions of higher education and their students during 1979 are discussed in this sixth and final chapter. The Iranian crisis and economic conditions during the year both affected cases touching on several of the topics addressed. These topics include such constitutional issues as rights of…

This master's thesis assumes that the argument presented in "The American Paradox: Spiritual Hunger in an Age of Plenty" (D. G. Myers) is correct. The United States presently suffers from a social recession arising from the impoverishment of the human spirit. The thesis diagnoses four underlying causes of U.S. social ills: (1) science;…