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Essex, Nathan L. – Contemporary Education, 1988
Based on a recent Supreme Court decision which allows schools to censor school-sponsored newspapers, this article offers guidelines to avoid legal challenges in this area. Questions raised by the decision regarding the extent to which school authorities may censor student newspapers and the amount of judicial interference in curriculum matters are…
Descriptors: Censorship, Court Litigation, Freedom of Speech, Principals
Cook, Kay K. – 1984
This synthesis of current attitudes on academic freedom as defined by lower court and Supreme Court cases describes the (1) framework in which academic freedom operates, (2) powers and limitations of state legislatures and school officials in defining the curriculum and setting policy, (3) rights and limitations of teachers in making curricular…
Descriptors: Academic Freedom, Censorship, Court Litigation, Educational Legislation

Katz, Leanne – Social Education, 1987
Notes that the principles of academic freedom are not well established and that standards are difficult to define for judging individual cases of conflict. Reviews cases which demonstrate how difficult it is to draw the line between the rights of parents and the school board and the rights of teachers and students. (JDH)
Descriptors: Academic Freedom, Boards of Education, Censorship, Court Litigation

Lehr, Fran – English Journal, 1985
Summarizes major court cases that have provided some sense of the extent to which teachers may legitimately select course content and teaching methods. (RBW)
Descriptors: Censorship, Course Content, Court Litigation, Federal Courts

Carlson, Kenneth – Social Education, 1987
This article reviews recent threats to academic freedom and examines the tendencies which either undermine or bolster the individual's willingness to exercise that freedom. Concludes that those who would curtail academic freedom are receiving support from a conservative federal judiciary and a national administration that identifies closely with…
Descriptors: Academic Freedom, Censorship, Court Litigation, Elementary Secondary Education
Zirkel, Perry A. – Phi Delta Kappan, 1998
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."…
Descriptors: Academic Freedom, Censorship, Court Litigation, Dramatics

Sacken, Donal M. – Teachers College Record, 1989
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)
Descriptors: Academic Freedom, Censorship, Collective Bargaining, Court Litigation

Strope, John L., Jr. – NASSP Bulletin, 1999
Before 1980, academic-freedom litigation favored teachers over school boards. As a 1998 case involving termination of a popular creative-writing teacher shows, today's judges rely on decision makers' judgement. Courts view academic freedom as the province of school boards and administrators, who determine how it is exercised. (MLH)
Descriptors: Academic Freedom, Administrators, Boards of Education, Censorship
Stern, Ralph D. – 1994
Both freedom of speech and freedom from discrimination are generally accepted expressions of public policy. The application of these policies, however, leads to conflicts that pose both practical and conceptual problems. This paper presents a review of court litigation and addresses the question of how to reconcile the conflicting societal goals…
Descriptors: Censorship, Civil Rights Legislation, Constitutional Law, Court Litigation

Lacks, Cissy – English Journal, 1997
Contains a summary of the events leading to the firing of teacher Cissy Lacks and her successful court battle to win her job back with compensations. Presents Lacks' own reflections on censorship, discrimination, tenure, publicity, legal representation, and constitutional issues. (TB)
Descriptors: Board of Education Policy, Boards of Education, Censorship, Constitutional Law

Russo, Charles J.; Delon, Floyd G. – NASSP Bulletin, 1999
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…
Descriptors: Academic Freedom, Boards of Education, Censorship, Controversial Issues (Course Content)

Davis, Bertram H.; And Others – Academe, 1989
The Congregation for the Doctrine of the Faith, with the explicit approval of the Pope, declared that the Reverend Charles E. Curran was neither suitable nor eligible to teach Catholic Theology at The Catholic University of America. A report by the American Association of University Professors is presented. (MLW)
Descriptors: Academic Freedom, Catholic Schools, Censorship, Church Related Colleges
Mullaly, Paula A. – 1983
School board members from 50 states have in common the United States Constitution and the legal principles announced by the federal courts in response to that Constitution. New board members are usually concerned with the rights of teachers, parents, and students. Starting with student rights, student conduct that involves freedom of expression…
Descriptors: Board of Education Policy, Boards of Education, Censorship, Court Litigation
Ochoa, Anna S., Ed. – 1990
The five chapters of this book on teachers' need and responsibility to prepare themselves for criticisms and attacks on their teaching methods and materials deal with the scope of censorship issues, the significance of academic freedom, recent judicial rulings, school-community tensions, and case studies of censorship cases. The first chapter,…
Descriptors: Academic Freedom, Case Studies, Censorship, Community Involvement
Sendor, Benjamin – American School Board Journal, 1984
A recent Fifth United States Circuit Court of Appeals decision stipulates that a school board may regulate "employe expression" only in rare circumstances--to prevent, for example, serious disruption of school activities--and only where the board has allowed for a timely review of the superintendent's decisions about distributing…
Descriptors: Board Administrator Relationship, Board of Education Policy, Board of Education Role, Censorship
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