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Direct linkPatterson, Nancy C., Ed.; Chandler, Prentice T., Ed. – IAP - Information Age Publishing, Inc., 2022
The objective of this edited volume is to shed light upon K-12 perspectives of various school stakeholders in the current unique context of increasing political polarization and heightened teacher and student activism. It is grounded in academic freedom case law and the majority of opinion of the Supreme Court in the Tinker v. Des Moines…
Descriptors: Elementary Secondary Education, Stakeholders, Attitudes, Student Rights
Peer reviewedWarnick, Bryan R. – Educational Researcher, 2009
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…
Descriptors: Freedom of Speech, Constitutional Law, Student Rights, Educational Environment
Academic Freedom, the First Amendment and Competing Stakeholders: The Dynamics of a Changing Balance
Jorgensen, James D.; Helms, Lelia B. – Review of Higher Education, 2008
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…
Descriptors: Academic Freedom, Constitutional Law, Stakeholders, Court Litigation
