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…

In "Lambs Chapel," the Supreme Court struck down a complete prohibition against afterhours use of public schools by religious groups. Summarizes lower court decisions, and then the opinions of Justices White, Scalia, and Kennedy. Examines the Court's consensus about protecting religious perspectives under the Free Speech Clause and the…

In "Hazelwood," regarding school-sponsored newspapers, the Supreme Court granted broad discretion to school authorities under the First Amendment. Following a brief overview of changes in First Amendment law governing student expression rights since the 1960s is followed by an analysis of the impact of recent developments on the free…

Serious constitutional problems arise when the contempt power of judges clashes with other compelling interests such as those of the First Amendment. The "collateral bar" rule--which requires that court orders, even those later determined to be unconstitutional, must be complied with until amended or vacated--in effect, calls for…

Concludes that federal courts subpoena reporters less often and uphold subpoenas less often than do state courts. (FL)

In response to an article by Hugh Breyer in 1991 in this journal, discusses the U.S. Supreme Court's ruling in "Employment of Oregon Department of Human Resources v. Smith" that the peyote religious service was not constitutionally protected and explains its implications for cases like "Mozert v. Hawkins Public Schools." (31…

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…

The "Hazelwood" decision has moved the argument about student rights of freedom of expression from the courthouse to the statehouse. A growing list of states have considered legislation to restore students' rights, and a number of local school boards are also reaffirming the value of a free student press. (MLF)

This report discusses the expanding role of Federal judges as educational policymakers. The report discusses court decisions related to interpretations by the Federal Courts of the U.S. Constitution. The report notes that court decisions have covered the following topics: dress codes, flying of the flag, freedom of speech, unwed mothers,…

Reviews a set of Supreme Court rulings that may dramatically alter the landscape of First Amendment jurisprudence: "Church of the Lukumi Babalu Aye v. City of Hialeah"; "Jones v. Clear Creek Independent School District"; "Lambs Chapel v. Center Moriches Union Free School District"; and Zobrest v. Catalina Foothills…

The Ninth Circuit Court of Appeals ruled that the Equal Access Act (EAA) had precedence over the state constitution under the Supremacy Clause. Examines that decision and considers its implications for the implementation of the EAA as well as other issues in church-state separation in education. (53 footnotes) (MLF)

Recent rulings of the United States Supreme Court and other courts have tried to maintain a balance between a free and unintimidated press and some measure of protection for individuals against libelous accusations. The language of recent rulings suggests that the courts are focusing on impartiality and objectivity in reporting as a standard of…

This review of the Supreme Court's 1991-92 term is divided into seven sections by subject matter: (1) desegregation; (2) religion and freedom of speech; (3) school liability and immunity; (4) employment and labor; (5) elections and voting rights; (6) school finance; and (7) special education. A list of cases and statutes discussed is included at…

Reviews how plaintiffs who legally challenge tenure denial, citing the legal theories most commonly used, have fared in several such lawsuits. Addresses the Supreme Court's recent pronouncement on the confidentiality issue. (105 references) (MLF)