Academic freedom is an oft-invoked buzzword in debates about campus speech and the American university. But how have courts treated legal disputes where faculty members have invoked academic freedom as a potential constitutional interest? And how do faculty themselves conceptualize academic freedom? The similarities and differences between these…

Purpose: The purpose of this study was to describe and analyze the conduct implications of qualified immunity in allegations of deprivation of civil rights by public school administrators regarding the First Amendment-student speech. Methodology: Data were collected using the LexisNexis and JuriSearch online legal research systems, which…

This article provides some strategies to alleviate the current tensions between personal responsibility and freedom of speech rights in the public school classroom. The article advocates the necessity of making sure students understand the points and implications of the first amendment by providing a mock trial unit concerning free speech rights.…

The First Amendment to the Constitution is a cornerstone of American democracy and students, like all members of the nation, are entitled to its protections. This study investigates the level of knowledge of students' First Amendment rights among secondary preservice teachers in various disciplines and their confidence in dealing with First…

Enshrined in the First Amendment as part of the Bill of Rights that was added to the then 4 year old US Constitution in 1791, it should be no surprise that freedom of speech may be perhaps the most cherished right of Americans. If anything, freedom of speech, which is properly treated as a fundamental human right for children, certainly stands out…

Amy Jordan addresses the need to balance the media industry's potentially important contributions to the healthy development of America's children against the consequences of excessive and age-inappropriate media exposure. Much of the philosophical tension regarding how much say the government should have about media content and delivery stems…

This article presents a teaching case that involves the presentation of an actual incident in which a state commission on judicial performance had to balance a judge's First Amendment rights to protected free speech against his public statements about a societal class/group that were deemed to be derogatory and inflammatory and, hence, cast…

When dealing with First Amendment free speech issues in the context of public libraries, courts have merely cited the supposition that constitutional public forum analysis leads to the conclusion that the public library is a limited public forum for the purposes of First Amendment analysis. By focusing narrowly on the issue of whether Internet…

According to Jay Worona, general counsel for the New York State School Board Association, "Balancing safety and student constitutional rights is not easy. It has to be a careful balance. School officials must be prudent and not overreact. But one part of the equation has to be paramount. And safety should be the primary concern"…

We often hear that democracy is not a spectator sport. This is certainly true of trial by jury, a cornerstone of our democracy, which depends on the willingness of Americans from all walks of life to devote themselves to the difficult work of determining another person's guilt or innocence of a crime. But the work of those citizens selected to…

The authors begin with a discussion of the duality in how children are viewed in both international and domestic law. Children are viewed as both under the protection and authority of adults, at the same time as being rights bearing individuals. Following recognition of the difficult tension created by this duality, these authors focus on its…

In order to determine the scope and nature of federal constitutional protection of the student press, this study examines 100 reported and unreported court cases dealing with censorship and punishment in public high schools and colleges. The study includes major sections on the Supreme Court ruling in "Tinker v. Des Moines School District" and its…

Maintains that "New York Times v. Sullivan" (1964) was the greatest political libel case ever decided by the Supreme Court. Asserts that it is a monument to the idea that open political discourse is the best guarantee of democratic self-governance. (CFR)