This article is an analysis of the educational implications of the Supreme Court (USSC) decision in "Horne v. Flores" (2009). The USSC remanded the Arizona case to the lower court, requiring a rehearing of petitioners' request for relief from the court's oversight of AZ's "structured English immersion" (SEI) program mandated…

In 1964 the United States Supreme Court issued a landmark decision, in the case of the New York Times v. Sullivan, that was hailed as a tremendous victory for the news media. This decision changed the law of libel by introducing a fourth requirement of "actual malice" in addition to three previously accepted requirements--publication,…

A study examined the quantity and quality of libel decisions of the Warren and Burger Supreme Courts to determine how changes in libel law came about, how individual justices voted on libel compared to other issues of freedom of expression, and how permanent constitutional libel rules will be as the more conservative Rehnquist Supreme Court takes…

This paper considers how the Supreme Court used an idealized history of the infamous Alien and Sedition Acts of 1798 to help justify its decision in "New York Times v. Sullivan" in 1963. The first section of the paper discusses the Alien and Sedition Acts of 1798, the second section discusses the Court's use of history in the "New…

A study used a communication perspective to examine the extent to which the civilian/military First Amendment dichotomy is warranted and to add to First Amendment theory the subject of the First Amendment rights of servicemembers. The study was limited to the freedoms of speech, press, assembly, petition, and association. It did not include…

Judicial activism raises the question whether the people, through their elected representatives, should make decisions about social policy issues or whether these decisions will be made by appointed members of the federal judiciary. Through a series of judicial decisions, many basic social problems have become nationalized. Yet the U.S.…

In this commencement address given by the Assistant Attorney General, Civil Rights Division of the Department of Justice, a brief review of the Younger vs. Harris case is given. In this case, the Supreme Court ruled that federal courts could not issue injunctions against state criminal proceedings on the ground that such prosecutions would result…

The author uses the experience of the Ferguson (St. Louis County, Missouri) school district to raise questions about the implications of an apparently successful attempt to eliminate the distinction between "de facto" and "de jure" desegregation. Growing out of litigation begun in 1972, the U.S. District Court in 1975 ordered…

One of the most pressing issues for educational researchers is the utilization by courts of social fact evidence. The purpose of this research was to empirically analyze the performance of federal trial courts in a broad sample of representative cases. Using computer screening, a sample of 65 federal cases decided during 1970-77 was identified.…

This study explores the antecedents of the Newspaper Preservation Act of 1970 (a provision which allowed for limited exemption from federal antitrust laws), including the case of "United States vs. Citizen Publishing Company" and the failing-company doctrine as enunciated in "International Shoe Company vs. Federal Trade…

The good-faith requirement in school desegregation was initially discussed by the United States Supreme Court in "Brown II." However, it was not until recently, in "Freeman v. Pitts," that the Court was to provide a definitive statement as to the meaning of the requirement, indicate the need for specific findings with respect…

This group of four papers considers the future of the cable television industry, and in particular, examines the impact of recent court and regulatory decisions in this field. The papers presented are: (1) "The First Amendment, Cable TV, and the Must-Carry Rule: Moving towards a Cost-Benefit Analysis" (John R. Woodbury, Federal Trade…

Three papers consider various aspects of the AT&T (American Telephone and Telegraph Company) court-ordered divestiture. The first paper, "InterLATA Toll Alternatives for the Bell Regional Holding Companies" (Elizabeth A. La Blanc, Ann M. Wolf, and Richard M. Wolf), examines six options available to the RHCs (regional holding…

That competition in broadcasting may not bring about sufficiently heterogeneous programing has long been the subject of debate among policymakers, and nowhere has that debate been more acrimonious than in its application to the diversification of radio formats. While the Federal Communications Commission (FCC) prefers to leave questions of…

To examine the status of opinion as protected speech, a study sought answers to three questions: (1) Is opinion protected under the constitution? (2) If protection exists for opinion, has it usurped the common law fair comment defense in libel litigation? and (3) How do the courts define opinion in the context of libel? Answers were sought in…