A study examined the current United States Supreme Court's treatment of the legal concept of freedom of expression by exploring its decisions and opinions on a quantitative basis. The individual votes and the opinions or legal rationales of the justices were recorded for the 43 First Amendment cases decided by the court between the 1981…

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…

An analysis of the Supreme Court's First Amendment decisions under Chief Justice Warren Burger does not indicate any pattern of repudiation of doctrinal advances made by earlier courts. Like its predecessors, the Burger Court has dealt most frequently with First Amendment cases requiring definition and interpretation of government abridgement. In…

This document focuses on freedom of information during 1975. The first section focuses on possible threats to First Amendment freedoms during 1976. The second section focuses on the problems and threats to journalists of S.1, the Senate legislation introduced at the start of the new Congress which aims to revise American criminal law. The third…

Examines the parameters of the Civil Rights Act of 1964 and relevant First Amendment case law, reviews several analogous court decisions in private employment, and analyzes Yott vs. North American Rockwell Corporation (case involving an employee who, on religious grounds, refused to join a union) and its application to public employment.…

Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

A U.S. Court of Appeals has upheld significant portions of an arrangement allowing Rutgers University faculty to pay agency fees in lieu of union dues and still be covered by a collective bargaining contract, despite contention that aspects of the agreement violated their constitutional rights to free speech. (MSE)

Discusses interpretations of the establishment clause of the First Amendment. Outlines how Supreme Court decisions involving separation of church and state have been based on misinterpretations both of the First Amendment and of the intentions of its framers. (MD)

Implications of the 1985 Supreme Court ruling in Harper & Row v Nation Enterprises, dealing with copyright protection in unpublished material include: ownership of copyrighted works prepared by faculty or students, infringement through performance or classroom use of copyrighted works, and application of fair use to classroom and scholarly…

These final regulations implement Executive branch policy that, within the framework of constitutional church-state guidelines, religiously affiliated (or "faith-based") organizations should be able to compete on an equal footing with other organizations for funding by the U.S. Department of Education (Department). Department regulations…

In school library cases, the courts must address the statutorily directed authority of school boards to regulate education, the recognized duty of the parents in rearing and nurturing their children, and the recognition that children also enjoy rights under the Constitution. (Author/MLF)

Examines the issue of whether public school teachers may be prohibited from wearing religious apparel. Addresses the fundamental distinction between the elementary school setting and the high school setting. Claims the application of garb laws in the context of the public high schools is unconstitutional. (134 footnotes) (MLF)

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)

Provides a list of terms and the corresponding definitions pertaining to the First Amendment. Focuses on concepts such as, but not limited to, freedom, ratification, separation of church and state, and Constitution that are used in the articles and teaching strategies throughout this issue of "Update on Law-Related Education." (CMK)

A court-approved Milwaukee voucher program permits up to 15% of the city's public schoolchildren to attend private/religious schools at state expense. This represents no victory for vouchers. Although the Wisconsin Supreme Court found vouchers constitutional, it may not believe they are valid under the federal constitution. (MLH)