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Campbell, J. Louis III – ACA Bulletin, 1990
Examines how closely academic freedom and the First Amendment actually are related. Traces the development of academic freedom as a constitutional right from shortly before World War II to the present. Analyzes influences exerted by intramural speech, institutional or corporate academic freedom, and professional liability. (KEH)
Descriptors: Academic Freedom, Constitutional Law, Freedom of Speech, Higher Education
Sandmann, Warren – 1998
This paper discusses current court rulings on academic freedom at the college and university level. The paper focuses on three cases: "Hall v. Kutztown," in which the U.S. District Court for the Eastern District of Pennsylvania ruled that Kutztown University violated the free speech rights of a philosophy professor when it rejected him…
Descriptors: Academic Freedom, Civil Rights, Court Litigation, Faculty College Relationship
Stuller, W. Stuart – Inquiry & Analysis, 1998
This article provides an overview of court cases that affect the curricular speech of teachers. Despite the large number of cases, the law governing speech in the schools is anything but settled. Courts disagree as to the analytical framework that should be applied to such claims, although most courts use the standard articulated by the Supreme…
Descriptors: Academic Freedom, Civil Liberties, Court Litigation, Elementary Secondary Education
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Abrams, J. Marc – Update on Law-Related Education, 1985
Discussed is a court case in which a journalism teacher filed suit against a two year college alleging that the students' civil rights had been violated because the college had eliminated the student newspaper. The court allowed the teacher third-party standing to defend the rights of the students. (RM)
Descriptors: Court Litigation, Freedom of Speech, Higher Education, Journalism Education
Zirkel, Perry, Ed. – 1994
Case citations from federal and state court decisions concerning freedom of speech in schools are organized in five major sections with brief summaries of relevant cases in subcategories followed by a table of cases cited. The major sections are as follows: (1) "Employees' Freedom of Expression: Academic Issues" (Virginia Davis Nordin);…
Descriptors: Academic Freedom, Court Litigation, Elementary Secondary Education, Freedom of Speech
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Stokes, Jerome W. D. – Journal of Law and Education, 1987
"Kemp v. Ervin" examined the balance between the 1st and 14th amendment rights of untenured faculty at a state university against dismissal for being threatening to the institution. Discusses the implications of the case, which strengthens the hands of teaching professionals concerned with pressure by financial and entertainment…
Descriptors: Academic Freedom, Athletes, Athletics, Court Litigation
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Antonini, Thomas J.; And Others – Journal of College and University Law, 1987
Court litigation and decisions concerning the conflict between first amendment rights of free speech for United States citizens and the rights of controversial international figures, invited by college faculty to speak on campus, are discussed and compared. (MSE)
Descriptors: College Faculty, Conflict of Interest, Constitutional Law, Controversial Issues (Course Content)
Stevenson, James A. – 1983
America's legal-educational history is filled with scores of cases of alleged radical teachers who have been legally excluded or removed from public school positions. Only a few of these cases have involved the First Amendment issue of inclass utterances by radicals. Such cases are significant because they highlight the established society's…
Descriptors: Academic Freedom, Court Litigation, Elementary Secondary Education, Freedom of Speech
Garner, Dana R. Monts – 2000
For public school student teachers and teachers, many situations can result in judicial proceedings. Educators must understand requirements mandated upon them by the country's courts and legislatures. Student teachers must learn about the numerous legal issues possible in order to protect themselves against becoming involved in court cases. The…
Descriptors: Accountability, Civil Rights, Court Litigation, Educational Legislation
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Smith, Sonya G. – Journal of College and University Law, 1998
Examines the issue of a professor's First Amendment right to academic freedom vs. a student's right to an effective learning environment free from sexual harassment in a 1996 case, Cohen vs. San Bernardino Valley College. Also explored is the right of a public employee to free speech. Recommendations are offered to college administrators on…
Descriptors: Academic Freedom, Administrative Policy, Case Studies, Classroom Communication