Discussion of trends concerning academic freedom compares the limits to academic freedom traditionally rooted in professional ethics and applied by the academic profession with the areas of protection prescribed by courts. It is concluded that even when generous, rulings have not necessarily been in the best interest of the academy. (MSE)

Discusses an unsuccessful lawsuit brought by Margaret Boring, an acclaimed high school drama teacher in Buncombe County, North Carolina. She was transferred to a middle school for allegedly violating the school's "controversial materials" policy after students performed an expurgated version of Lee Blessing's "Independence."…

Although education is primarily a state function, its importance to our society makes it fertile ground for litigation. The Constitution--by authorizing the Congress to enact legislation--constrains and prescribes what happens in schools. Legislative histories, especially since the early 1960s, are outlined here. The major topics include:…

Reviews court rulings on academic sovereignty, discrimination and equal protection, and contractual relationships between students and schools. Offers guidance to help faculty prepare for student legal pressures by clarifying the roles of the student and the college. (DMM)

Discusses a 1984 United States Supreme Court ruling against 20 faculty members not belonging to the Minnesota Community College Faculty Association (MCCFA) who alleged that their right to meet and confer with their employers over employment terms and conditions was violated by MCCFA representation excluding nonunion members. (JBM)

The 29 papers in this collection celebrate academic freedom at the University of Wisconsin-Madison and are organized around the 1894 "trial" of Richard T. Ely, an economist who was exonerated of fomenting unrest and discussing "dangerous" ideas in a Board of Regents Statement which stressed the importance of "sifting and…

Discussion of academic freedom and college teacher dismissal first examines the expectations that institutions should have of faculty, traces the history of academic freedom in America, and looks at conditions that might constitute adequate cause for teacher dismissal. Examples are drawn from court litigation. Catalysts in the institutional…

Using the theories of John Stuart Mill and Karl Marx, this article supports the educational entitlements of intellectual freedom and economic sufficiency. Explores these issues in reference to their implications for teaching, the teaching profession and its training. Concludes that ideas cannot be controlled by the interests of the dominant class.…

Case citations from federal and state court decisions concerning freedom of speech in schools are organized in five major sections with brief summaries of relevant cases in subcategories followed by a table of cases cited. The major sections are as follows: (1) "Employees' Freedom of Expression: Academic Issues" (Virginia Davis Nordin);…

This brief report summarizes a longer document with the same title in the ASHE-ERIC Higher Education Report series. Academic freedom provides the foundation for faculty scholarship and teaching, making it possible for educators to exchange ideas and concepts freely in the classroom, to explore and disseminate new knowledge, and to speak out both…

This report synthesizes the literature and applicable case law concerning academic freedom in higher education and addresses the following issues: (1) popular notions concerning academic freedom; (2) whether academic freedom is a legal right; (3) whether faculty at private institutions have the same rights as faculty in public schools; and (4)…

The University of Michigan vs. Scott Ewing case, in which a medical student who had not passed a required examination was dismissed, and the potential for legal pressure brought to writing teachers and writing programs are discussed. (MSE)

This article investigates the uncertain history of academic freedom in public schools, from the viewpoint of the courts' understanding and related commentaries. Also considered is the magnitude of teachers' classroom discretion, and whether courts are likely to treat content and pedagogical conflicts differently. (IAH)

A discussion of sexual harassment on American college campuses focuses on the case of Silva v. University of New Hampshire. The article examines the university's responsibility to protect students from sexual harassment while at the same time protecting freedom of expression. Various examples are presented in an attempt to define sexual…

An analysis of policy documents from six national organizations that promote intellectual and academic freedom for teachers and students supports the need for school systems to develop and articulate guidelines for addressing challenges to instructional methods and materials used in the schools. Recommended actions are discussed. (SM)