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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
Peer reviewed Peer reviewed
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
Peer reviewed Peer reviewed
Herbold, Hilary – Journal of Blacks in Higher Education, 1994
Argues that many universities pay lip service to the First Amendment and actually control campus speech by denying funds to pay controversial speakers or by stipulating that students must pay the costs for added security measures. Several school policies on racist speech and past practices are explored. (GLR)
Descriptors: Censorship, Freedom of Speech, Postsecondary Education, Public Colleges
Smith, Ralph R.; Moore, Dale – 1990
In 1989, some Springfield, Missouri residents demanded cancellation of the Southwest Missouri State University (SMSU) theater department's production of Larry Kramer's play, "The Normal Heart," which they alleged to be obscene. Opponents purchased newspaper advertisements which charged that the publicly funded production promoted a…
Descriptors: Academic Freedom, Acquired Immune Deficiency Syndrome, Censorship, Discourse Analysis
Peer reviewed Peer reviewed
Steele, Charles Thomas, Jr. – Journal of College and University Law, 1987
The merits of student arguments challenging the constitutionality of mandatory student fees to finance certain activities or services are examined and balanced against the public university's interest in providing a forum for the expression of diverse and controversial ideas. (MSE)
Descriptors: College Administration, Constitutional Law, Court Litigation, Federal Courts
Peer reviewed Peer reviewed
O'Shea, Kevin F. – Journal of College and University Law, 1997
Reviews 1995 court decisions concerning free speech in colleges and universities, focusing on the Free Speech Clause of the First Amendment (educator speech, campus speech regulations, speech in public forum), religion clauses (Establishment Clause, Free Exercise Clause) and statutes (Religious Freedom Restoration Act, Equal Access Act). Concludes…
Descriptors: College Administration, College Environment, Constitutional Law, Court Litigation
Schimmel, David – West's Education Law Quarterly, 1996
"Rosenberger" prohibits public colleges and universities from discriminating against religious viewpoints in their allocation of student activities funds that are equally available to other groups. The Supreme Court decision also extends the range of facilities equally available to student religious organizations for free-speech…
Descriptors: Court Doctrine, Federal Courts, Fees, Freedom of Speech
Tatel, David S.; And Others – 1990
The pamphlet addresses the application of the United States Constitution's First Amendment to offensive expression and expressive conduct, particularly by students, at public colleges and universities. Sections 1 through 4 summarize applicable First Amendment principles including the breadth of the First Amendment; exceptions to content-based…
Descriptors: Academic Freedom, Civil Liberties, Civil Rights, Constitutional Law
Senat, Joey – 1996
The First Amendment rights of students at public universities and colleges are well established by federal and state courts. Where a publication has been created as a forum for student expression, college authorities may not exercise anything but advisory control over editorial decisions of student editors. On-line student newspapers and literary…
Descriptors: Administrator Role, Censorship, Court Litigation, Electronic Publishing