While some analysts have asserted that the First Amendment was intended to prohibit laws against seditious libel (speech overtly critical of the government), the judicial record reveals a willingness to tolerate some onerous infringements on free expression. In the late 19th and early 20th centuries, 25 states passed "sedition" or…

Senate confirmation hearings on President Reagan's nominees for the U. S. Supreme Court raise questions about what these nominations tell about law. The controversy that surrounded the confirmation of the Reagan nominees was a direct result of two competing conceptions of law: legal formalism and legal realism. Legal formalism views law as a…

The United States Supreme Court in New York Times v. Sullivan (1964) extended the scope of protection provided to the press when covering public officials, requiring officials claiming libel by the press to prove "actual malice" (knowledge of falsity or reckless disregard of truth or falsity). The Alien and Sedition Acts of 1798 limited…

Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings,…

Both Protestant and Catholic residents of Ontario's school districts have historically had the right to establish separate public elementary school boards and schools, and to levy taxes to support those schools, under most conditions. Only recently have all major political parties in Ontario agreed to funding Catholic public secondary schools…

Developments in court interpretation are outlined to illustrate the argument that more, and more qualified, interpreters are need to assist in both the federal and state courts. This discussion focuses principally on the criminal justice system, and includes federal statutory developments, especially concerning the implementation and impact of the…

During the past 150 years U.S. courts have demonstrated a special protectiveness toward academics and academic institutions. Academic freedom was not a concern when the U.S. Constitution and the First Amendment were drafted and is not mentioned in the "Federalist Papers." However, decisions by a series of Supreme Court justices led to…

Academic freedom, collegiality, and tenure are addressed with focus on how collective bargaining affects them. This material is intended to give college and university attorneys a feel for the challenges and problems that collective bargaining has brought to academia. Three sections look at the following: (1) academic freedom (what it is, academic…

Presents a speech which discusses private funding for government operations, secret policies, and the doctrine of plausible denial. States that the Iran-Contra affair illustrates the failure of the educational system to educate patriotic, intelligent persons in the nation's most fundamental constitutional arrangements, such as the appropriations…

Academic freedom is an elusive concept. Many university and college faculty members who purport to possess its protections believe they have a solid understanding of its nature and of the individual rights secured by academic freedom. There is some consensus on the meaning of the term in the academic universe. This concurrence of understanding is…

This monograph contains five presentations delivered during the course of an attempt made in November 1992 to amend the state constitution of Illinois in such a way as to make education a fundamental constitutional right. The effort failed to garner the 60 percent of the vote required to pass the amendment. These presentations made a strong…

Legal guidelines to help public school administrators make informed choices in situations that may require student searches are provided in this paper. The constitutional basis of the issue is first discussed, noting that school officials are not required to obtain a search warrant or to have probable cause. A review of Supreme Court decisions…

The town of Rajneeshpuram, Oregon, was incorporated for the purpose of achieving the religious vision of the Bhagwan Shree Rajneesh, just as the Mormons established communities around the teachings of Joseph Smith. The incorporation of Rajneeshpuram was challenged on the basis of the First Amendment, however, raising new questions in regard to the…

Changing political, social, economic, and intellectual conditions over the past two hundred years have demanded innovation and adjustment of legal doctrine, thus giving the United States Constitution a character which the framers of the document could not have predicted. Historically, one must not only understand developments since 1787 but also…

A study analyzed U.S. Supreme Court Justice Lewis Powell's court opinions on First Amendment issues that affect the daily work of journalists. The results showed that he preferred compromises, guidelines, and tests to either/or solutions. Because Powell sought to balance all interests, he developed no firm theoretical position on the First…