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Ratliff, Lindon J. – Planning and Changing, 2010
Federal court cases are examined in an effort to view recent First Amendment rights infringements which have occurred in Mississippi. Case law reinforces students' rights to wear same-sex outfits to school functions as well as to bring same-sex dates. Connection to a recent civil rights investigation by the NAACP into a north Mississippi middle…
Descriptors: Federal Courts, Court Litigation, Student Rights, Clothing
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
Rahdert, Mark C. – Chronicle of Higher Education, 2007
Since President Bush named Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. to the Supreme Court, speculation has run high as to where the new court may be headed. Citing three recent cases ("Morse v. Frederick", "Rumsfeld v. Forum for Academic and Institutional Rights, Inc." and "Garcetti v.…
Descriptors: Academic Freedom, Court Litigation, Federal Courts, Higher Education
DeMitchell, Todd A.; Fossey, Richard – West's Education Law Quarterly, 1996
Two hearing boards' finding that a tenured professor's instructional remarks and actions constituted sexual harassment resulted in the filing of a federal lawsuit against the university. Discusses sexual harassment, reviews the most pertinent facts of "Silva," and analyzes the judge's preliminary injunction and summary judgment ruling on…
Descriptors: Academic Freedom, Court Judges, Court Litigation, Federal Courts
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Delon, Floyd G. – West's Education Law Reporter, 1990
Examines recent lower court rulings on students' First Amendment rights. The current disputes center on (1) requiring the flag salute; (2) banning symbols; (3) removing books from the curriculum; and (4) preventing the distribution of publications. Projects the Supreme Court's position should the issue again reach that level. (MLF)
Descriptors: Court Litigation, Court Role, Elementary Secondary Education, Federal Courts
Brown, Valerie L. – West's Education Law Quarterly, 1993
The Supreme Court ruled, in "R.A.V. v. City of St. Paul Minnesota," that the city's Biased-Motivated Crime Ordinance is unconstitutional. Discusses the factual background of "R.A.V.," of "Doe v. University of Michigan," and leading cases in the area of student first amendment rights. Draws conclusions and assesses…
Descriptors: College Students, Court Litigation, Federal Courts, Freedom of Speech
Telecommunications Policy Research Conference, Inc., Washington, DC. – 1987
This group of four papers considers the future of the cable television industry, and in particular, examines the impact of recent court and regulatory decisions in this field. The papers presented are: (1) "The First Amendment, Cable TV, and the Must-Carry Rule: Moving towards a Cost-Benefit Analysis" (John R. Woodbury, Federal Trade…
Descriptors: Cable Television, Competition, Constitutional Law, Cost Effectiveness
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Haiman, Franklyn S. – Quarterly Journal of Speech, 1982
Reviews court cases and current issues involving nonverbal communication and the First Amendment. Concludes that many modes of nonverbal expression have won a firm place under the umbrella of protection of the First Amendment but that some modes (flag and draft card burnings, economic boycotts, and coercive persuasion) still raise troublesome…
Descriptors: Activism, Court Litigation, Dissent, Federal Courts
Adams, Julian – Communication: Journalism Education Today (C:JET), 1989
Reviews Burch v. Barker, in which the Ninth Circuit Court of Appeals ruled that school administrators' prior review of an alternative or off-campus publication, destined for distribution on the school campus, is in violation of the First Amendment. (MS)
Descriptors: Censorship, Court Litigation, Federal Courts, Freedom of Speech
Luna, Andrew – West's Education Law Quarterly, 1995
The "Bishop v. Aronov" case concerned an administrator's right to prohibit a professor's religious speech during class at a public university. According to the Eleventh Circuit, the university classroom is not considered a public forum; professors as public employees may be subject to restrictions placed on their curriculum. (87…
Descriptors: Academic Freedom, Court Litigation, Federal Courts, Freedom of Speech
Leas, Terrence; Russo, Charles J. – West's Education Law Quarterly, 1995
Reviews "Waters," a Supreme Court ruling involving the dismissal of a nurse for allegedly making critical remarks about institutional policy, against the backdrop of other higher education-related free speech cases. Speculates on "Waters'" influence on the free speech rights of college and university educators. (110 footnotes)…
Descriptors: Academic Freedom, College Faculty, Federal Courts, Freedom of Speech
McCarthy, Martha M. – West's Education Law Quarterly, 1993
In "Hazelwood," regarding school-sponsored newspapers, the Supreme Court granted broad discretion to school authorities under the First Amendment. Following a brief overview of changes in First Amendment law governing student expression rights since the 1960s is followed by an analysis of the impact of recent developments on the free…
Descriptors: Court Litigation, Court Role, Federal Courts, Freedom of Speech
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Felder, Scott Andrew – Journal of Law and Education, 2000
Since its broadly protective decision in "Tinker," the Supreme Court has gradually narrowed the scope of student free speech rights. Examines the development of First Amendment rights in public schools, in particular those of high school journalists. Argues that the "Hazelwood" decision is flawed in several respects. Notes some…
Descriptors: Censorship, Court Litigation, Federal Courts, Freedom of Speech
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Hunsicker, J. Freedley, Jr. – Journal of Law and Education, 1992
Takes issues with Gregory Hauser's previous article positing a constitutional right of social fraternities to formal recognition at public institutions of higher education. Reanalyzes each of the associational cases cited by Hauser, cites additional cases, adds a waiver argument, and wraps up with a public policy comparison of higher education…
Descriptors: Constitutional Law, Court Litigation, Federal Courts, Fraternities
Labunski, Richard – 1988
Serious constitutional problems arise when the contempt power of judges clashes with other compelling interests such as those of the First Amendment. The "collateral bar" rule--which requires that court orders, even those later determined to be unconstitutional, must be complied with until amended or vacated--in effect, calls for…
Descriptors: Constitutional Law, Court Judges, Court Litigation, Court Role
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