Describes classrooms and schools as a culture of power that mirror society's unjust social relations. Investigates the questions: (1) is it ever justified to use power to interrupt power?; and (2) does all silencing subjugate? Outlines arguments for and against censorship of teachers who believe that portraying homosexual lifestyles positively…

Addresses Barbara Applebaum's argument that speech acts reproduce power. Argues that Applebaum's focus on utterances and expressions of belief is too narrow because it leaves out silence, particularly about sexual orientation in school curricula. Describes silence as a speech act that promotes harm just as powerfully as other speech acts. (CAJ)

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

This document was prepared to inform teachers about their academic freedom rights and to assist teachers who are confronted with a potential academic freedom issue. It provides (1) an essay which outlines the issues, (2) a list of significant decisions of the U.S. Courts of Appeals and their implications, (3) steps to follow when academic freedom…

Examines two related issues: the right of teachers to select instructional materials and to select instructional methods. Court decisions indicate that materials and methods must have educational value, relevance, and suitability to the age and maturity of the students. Prior administrative approval, while not necessarily required, is beneficial.…

A questionnaire survey was conducted to examine academic freedom as perceived by faculty members at Dowling College (New York) and by administrators in general. Topics covered in this study include: elements of academic freedom, the faculty and academic freedom, relationship of the Board of Trustees to the faculty, relationship of the…

Presents a discussion of the legal context of evaluation systems upon which merit pay programs are based. Following the discussion of the law, a model merit pay program is presented. (MLF)

Describes how a last issue of the school newspaper carrying senior class wills offended some faculty members and how the issue of censorship was raised and dealt with. (CRH)

Disagreements over teachers' First Amendment, academic-freedom rights in curricular contexts are again receiving judicial attention. Two federal cases involving termination of exemplary high-school drama and creative-writing teachers have upheld school boards' authority to control curriculum context in disagreements over permissable subject matter…

This paper proposes that U.S. teachers are mostly uninformed and misinformed about the appropriate place of religion on the school campus and in the classroom. Four critical questions are addressed; (1) What does the U.S. Constitution say about education and/or religion? (2) What are the current court decisions regarding specific religious…

At least 17 university faculty members have been the direct objects of unfavorable public commentary by the conservative organization Accuracy in Academia, Inc (AIA). Two case studies that have received much attention involve two political science professors: Dr. Terry Anderson of Texas A & M University, and Dr. Mark Reader of Arizona State…

Argues that parents and special interest groups should not be allowed to ban books from school libraries. States that an uncensored school library contributes to freedom of speech, freedom of thought, freedom to understand other cultures, and freedom to examine controversial issues. Notes that these freedoms contribute to helping children become…

In a lawsuit brought by six Virginia public university professors, a federal district court ruled that access to Internet material for academic purposes was a matter of public concern and that plaintiffs' interest in that material outweighed the state's regulating interests. The Fourth Circuit's reversal gave the state extensive authority over…

A study was conducted to see if differences in attitudes and definitions exist between faculty and administrators toward the concept of academic freedom. The purpose was to gain a better understanding of their attitudes toward, and the perceptions of, academic freedom and compare those perceptions to the academic freedom general taxonomy. Academic…

America's legal-educational history is filled with scores of cases of alleged radical teachers who have been legally excluded or removed from public school positions. Only a few of these cases have involved the First Amendment issue of inclass utterances by radicals. Such cases are significant because they highlight the established society's…