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…

Focusing on what policymakers cannot do, rather than on what they should do, this booklet explores the constitutional parameters of the teaching of moral values. Section 1 provides a description of the general rules for legal analysis followed by the courts when dealing with freedom of speech or religion. In the following two sections, these rules…

All three branches of American government--legislative, executive, and judicial--play a significant role in shaping the enterprise of American public education. This book, an update of the 1980 second edition, describes and analyzes changes in education and the dynamic impact of the law on education's authority. The book can serve as an advanced…

Focuses First Amendment claims within the public schools: (1) claims of students to free expression; (2) right of students to receive information; (3) right of teachers to use materials and teaching methods of choice; and (4) right of parents to have their children exempted from assertedly objectionable materials. (MLF)

Examines recent Supreme Court opinions to illustrate how the justices are reinterpreting the First Amendment. Discusses student freedom of expression, freedom of religion, the free exercise clause, and the establishment clause. Concludes that a perceived trend in court decisions to limit freedom of religion and expression requires teachers to help…

The educational beliefs of Supreme Court Justices in the 1980s are examined, i.e., the explicitly stated beliefs, rather than any inferred beliefs based on legal decisions. In particular, the focus is on beliefs expressed only in the major Court opinions rendered in the 1980s. Issues discussed include the definition of education, its relation to…

Examines two related issues: the right of teachers to select instructional materials and to select instructional methods. Court decisions indicate that materials and methods must have educational value, relevance, and suitability to the age and maturity of the students. Prior administrative approval, while not necessarily required, is beneficial.…

The "Hazelwood" decision has moved the argument about student rights of freedom of expression from the courthouse to the statehouse. A growing list of states have considered legislation to restore students' rights, and a number of local school boards are also reaffirming the value of a free student press. (MLF)

In considering the purposes of the Freedom of Information Act (FOIA), it is essential to keep in mind that the Act is not, and never could be, a statute with the singleminded purpose of disclosing government information. Many kinds of information that the government has in its possession must be kept confidential to protect important public…

The 1982 Supreme Court decision in "Pico v. Island Trees Union Free School District" occasioned an ideological war over interpretation of the First Amendment, but a review indicates that it is an additional case in the long-standing attempt to find the proper balance between the amendment and the efficiencies of government. In…

In the case of "Pico v. Island Trees Union Free School District," involving school library censorship by a Long Island (New York) board, the U.S. Supreme Court in 1982 failed to decide whether board discretion or First Amendment rights should prevail, and instead remanded the case to lower courts. The author of this document first…

Reviews a recent court decision in Nebraska regarding the cancellation of a controversial film on the University of Nebraska campus. The film was cancelled after a state senator threatened to close the theater if the movie was shown. The lawsuit alleged the university violated the First Amendment in cancelling the film; the judge ruled for the…

Two articles in this instructional newsletter elucidate rulings by the United States Supreme Court, Circuit Court of Appeals, and District Courts affecting state sponsored school prayer: (1) "First Amendment Prayer Pendulum"; (2) "First Amendment. Rosenberger v University of Virginia." The newsletter provides the facts of the…