Richard Komer's paper helpfully and carefully shows that, after the Supreme Court's 2002 ruling in Zelman v. Simmons-Harris, a formidable obstacle to choice-based educational reform has been removed, and also that other, no-less-formidable obstacles remain, in the form of anti-aid provisions contained in various states' own constitutions. This…

Considers theories of intellectual freedom for library users, focusing on policies and practices which have developed in publicly supported libraries in America in the late twentieth century. Related legislation is discussed, including the First Amendment and Library Bill of Rights. Twenty-six references are cited. (EJS)

This commentary invites Americans to confront what these authors view as the travesty that typically passes for literacy instruction for older youth in the United States who struggle with reading. In too many U.S. schools, these young people face an impoverished curriculum, receiving literacy instruction that is ill suited to their needs, or…

While print media are protected by the First Amendment, the electronic media are subject to content regulations. Gives an historical overview, showing how the Federal Communications Commission came to regulate radio. There should be a constitutional solution, an amendment protecting electronic media from government regulations. (CS)

Because recent restrictive changes in cigarette advertising laws have unknown consequences for advertisers, this report outlines the history of the controversy over whether to allow cigarette advertisements, explores its legal status with respect to First Amendment rights for advertisers, and considers potential solutions to the conflict between…

Three principles concerning children's intellectual rights are proposed and discussed. The principles are: (1) intellectual rights of children include access to ideas and freedom of expression; (2) denial of rights on the basis of lack of competence requires empirical justification; and (3) denial of rights on the basis of lack of competence…

The Supreme Court determined that Title VII of the Civil Rights Act provided an exception for religious organizations from the prohibition against religious discrimination. However, the opinion does not address the issue of religiously oriented educational institutions. Two recent cases involving Marquette University in the Seventh Circuit are…

Refutes the arguments of Peter Hanauer and Michael Pertschuk for a ban on tobacco advertising in "Tobacco Advertising and the First Amendment." Argues that their claims are based on false reasoning and a misunderstanding of Supreme Court rulings relating to commercial advertising. (LS)

National security controls and restrictions on academic institutions and individuals are discussed, with focus on how the principles of first amendment rights (academic freedom in particular) must balance attempts on censorship of unclassified publications and academic presentations. Specific legislation and litigation are considered. (MSE)

Reviews the constitutions of several western states that provide an absolute barrier between religion and public education. Asserts that these laws were passed after the Civil War when concern about minority religious influence in some states was high. Maintains that these state laws may be the next battleground in the ongoing controversy about…

In early 2003, two distinguished researchers in school law analyzed aspects of the law vis-a-vis vouchers and tax credits and the public schools (McCarthy, 2003; Welner, 2003). The issues were confusing, and the author wondered how educators and the public responded. How can policy makers make reasonable decisions about public education without a…

Serving the public interest is the basis for most state open meeting laws (sunshine laws). To education administrators, the public interest lies in allowing public officials freedom to make decisions according to procedures they determine best meet the needs of their institutions. The conflict among viewpoints is discussed. (MLW)

Describes a number of initiatives by the U.S. national security community that might restrict or monitor public access to sensitive but unclassified information. The current status of the initiatives, and their possible impact on freedom of information in a democratic society are discussed. (27 references) (Author/CLB)

The memorandum opinion constituting the district court's findings in the case of Arkansas' state law mandating instruction on creation in public schools is presented. Plaintiffs in the suit include Jewish and Christian individuals and organizations and those concerned with academic freedom issues. Defendants include state education officials and…

Section 702 of Title VII partially exempts religious educational institutions, allowing them to give employment preference to individuals of a particular religion. The conflict with First Amendment rights of sectarian schools and claims of nonsectarian schools are discussed. (MSE)