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Showing 1 to 15 of 27 results Save | Export
Mulcrone, Mick – 1987
A libel suit for which the ruling hung on determination of the plaintiffs as public or private figures is described in this paper. First, the paper describes the case, in which an Oregon newspaper reported that an antique dealer and the local bank president had systematically swindled a citizen out of several hundred thousand dollars, and for…
Descriptors: Constitutional Law, Court Litigation, Freedom of Speech, News Reporting
Peer reviewed Peer reviewed
Copelon, Rhonda – Social Policy, 1987
Argues for abortion rights and protection of intimate decisions and relationships. Describes the role and position of women in eighteenth century American society as a means of exposing the fallacy of the anti-abortion movement's insistence on adherence to constitutional text. Discusses the recent attempts to overturn the Roe v. Wade ruling. (PS)
Descriptors: Abortions, Civil Liberties, Constitutional Law, Court Litigation
De Mott, John – 1978
To make democracy work, whatever relates to government or public business should be open to comprehensive scrutiny; conversely, whatever is related to individual citizens and their private lives should be protected from undesired exposure. This recognized need to balance privacy and the right to know reflects an inevitable conflict. Despite the…
Descriptors: Civil Liberties, Conflict, Constitutional Law, Democracy
Peer reviewed Peer reviewed
Majestic, Ann L. – School Law Bulletin, 1985
Discusses the Supreme Court's findings affecting searches by schools in "New Jersey vs. T.L.O.," reviews earlier school search cases, and explores the factors and circumstances the courts have considered in applying the "reasonableness" standard for assessing when a school's need for maintaining order outweighs a student's…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Privacy
Peer reviewed Peer reviewed
Sandlow, Jeff M. – San Diego Law Review, 1979
The "Doe" court unanimously prescribed a constitutional right to protect confidential parent-child communications. This right both arises out of and buttresses the firmly established rights to family privacy and autonomy already enumerated by the Supreme Court. Available from San Diego Law Review Association, University of San Diego…
Descriptors: Communication (Thought Transfer), Confidentiality, Constitutional Law, Court Litigation
Glasser, Theodore L.; Jassem, Harvey C. – 1980
"FCC v. Pacifica Foundation," a 1978 case involving a radio broadcast considered to be indecent, was the first United States Supreme Court litigation using the right of privacy, or the right not to hear, as a rationale for broadcast regulation of programing. The issue of pornography best illustrates the judiciary's understanding of the…
Descriptors: Adults, Broadcast Industry, Children, Constitutional Law
Peer reviewed Peer reviewed
Gluckman, Ivan B. – NASSP Bulletin, 1985
An edited version of federal district court Judge William O. Bertelsman's opinion in "Bahr vs. Jenkins" reveals his thinking on the courts' self-restraint in cases affecting school administrators' authority when disciplining students. The opinion also discusses, in an informal style, the rights and responsibilities of parties in such…
Descriptors: Constitutional Law, Court Litigation, Discipline, Discipline Policy
Peer reviewed Peer reviewed
Underwood, Julie K. – Journal of Law and Education, 1989
In response to Professor Sacken, contends that a person's decision to conceive and bear a child is within the constitutionally protected zone of privacy. This would not prohibit a district from dismissing an unwed pregnant teacher, but would require evidence of immorality based on constitutionally acceptable criteria. (MLF)
Descriptors: Boards of Education, Civil Rights, Constitutional Law, Due Process
American Society of Journalists and Authors, Inc., New York, NY. – 1987
The first of two parts of this document presents a statement from the American Society of Journalists and Authors which briefly traces the history of censorship from the fourth century B.C. to the present. The second part is a list of resources on censorship and censorship-related materials that are available from the following First Amendment…
Descriptors: Advocacy, Censorship, Civil Liberties, Constitutional Law
Trager, Robert – 1987
The press and public should have access to pretrial discovery documents in civil litigation when matters of public concern are at issue. Recently, the Supreme Court expanded the public's First Amendment right of access to criminal proceedings, and based on that, some lower courts have granted access to civil trials. In its decisions establishing…
Descriptors: Censorship, Civil Liberties, Constitutional Law, Court Litigation
Peer reviewed Peer reviewed
Wegner, John M. – Journal of Broadcasting and Electronic Media, 1985
Examines potential threats to privacy posed by development of unified interaction systems in the home. Applicability of existing federal laws, constitutional provisions, and regulatory actions, and the possible technical and legislative actions that may be useful in curtailing possible privacy abuses in these systems are analyzed. (Author/MBR)
Descriptors: Alarm Systems, Communications, Constitutional Law, Court Litigation
Peer reviewed Peer reviewed
Keller, Elisabeth A. – Journal of College and University Law, 1988
The right to form adult consensual intimate relationships is a fundamental personal freedom. A strong and effective university policy against sexual harassment and the recognition of faculty and students' right to privacy will, within the parameters of constitutional guarantees, serve both the university's and the individual's interest.…
Descriptors: Constitutional Law, Court Litigation, Ethics, Higher Education
Peer reviewed Peer reviewed
Cunningham, Maureen P.; And Others – Journal of College and University Law, 1988
A case in which California's constitutional right to privacy is used to protect confidential peer review files is analyzed, and the case's significance and possible ramifications for discovery requests of peer review files are discussed. (MSE)
Descriptors: Academic Freedom, College Faculty, Confidentiality, Constitutional Law
Peer reviewed Peer reviewed
Frye, Mary Catherine – Journal of Law and Education, 1989
Disagrees with Professor Donal M. Sacken's contention in Spring 1988 "Journal of Law and Education" that "Eckman" decision resulted in loss of school district autonomy. Agrees with jury that school board's dismissal of unmarried teacher, who became pregnant as a result of rape and chose to bear the child and raise him, was…
Descriptors: Boards of Education, Civil Rights, Constitutional Law, Court Litigation
Peer reviewed Peer reviewed
Teagarden, C. Claude – West's Education Law Reporter, 1991
Examines the National Collegiate Athletic Association's drug testing program of student-athletes and relevant legal decisions. Concludes that each individual urinalysis search, not based on suspicion, is a violation of the student-athlete's privacy and is an unreasonable search in violation of the Fourth Amendment. (100 references) (MLF)
Descriptors: Athletes, College Athletics, Constitutional Law, Court Litigation
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