Discusses Eighth Circuit Court's upholding of an Oklahoma nontenured second-grade teacher's claim of religious discrimination and violation of First Amendment right of expression when school board declined to renew her contract on recommendation of a principal concerned with parent objections to New Age thinking in a letter sent home attached to a…

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…

The author looks back to see whether lessons from the past might help as we face the present and future. He offers quotes from H.S. Commager's "Our Schools Have Kept Us Free"; Deanne W. Mallot, president of Cornell University; and the faculty of George Peabody College for Teachers. (CT)

This "Update" discusses the impact of the "Seminole Tribe v. State of Florida" decision on higher education. In essence, the Court in this decision rescinded the doctrine of "Eleventh Amendment immunity" and ruled that Congress has only limited power to enact laws that apply to state governmental entities, including…

Summarizes a case involving a Denver high school teacher's naming, in a government class, of a student observed in a public sexual rendezvous. The teacher lost on all fronts, because his speech was considered school-sponsored and did not meet the school district's pedagogical interests, based on the 1988 "Hazelwood" decision limiting…

This article presents the Two Sides interviews, which confront the serious and immediate conflict between free speech and hate speech on college campuses. Dr. Robert O' Neil discusses the scope of free speech in the college community, while Dr. Timothy Shiell focuses on hate speech on campuses. Contains 12 references. (VWC)

Explores how, in the 1990s, a new form of censorship emerged in the ever-expanding definition of sexual harassment. Asserts that no greater threat to free speech and individual rights in the university presently exists within the scope of American jurisprudence. Offers cases to support these claims. (EV)

Developments in free speech constitutional law have changed the function of public education. Sets forth the facts of "Settle," involving a student's claim to religious expression within a classroom; analyzes the court's decision in light of judicial precedent; and examines implications for the operation of public schools. (76 footnotes)…

Examines the issue of whether public school teachers may be prohibited from wearing religious apparel. Addresses the fundamental distinction between the elementary school setting and the high school setting. Claims the application of garb laws in the context of the public high schools is unconstitutional. (134 footnotes) (MLF)

Examines how closely academic freedom and the First Amendment actually are related. Traces the development of academic freedom as a constitutional right from shortly before World War II to the present. Analyzes influences exerted by intramural speech, institutional or corporate academic freedom, and professional liability. (KEH)

Describes 6th Circuit Court of Appeals decision in "Cockrel v. Schelby County School District," involving a fifth-grade teacher's claim that she was unlawfully terminated for teaching a unit on the industrial use of hemp, thus violating her First Amendment right of free speech. (PKP)

Reviews court decisions since Pickering v. Board of Education and Mt. Healthy v. Doyle, and suggests guidelines for balancing teachers' claims of first-amendment protection with need for orderly school administration. Ends by summarizing lawful restrictions on criticism of administrators and notes the elements of litigants' respective burdens of…

The Massachusetts Supreme Court overturned a lower court's ruling against a speech pathology teacher whose contract was not renewed following a parent's complaint. The teacher had explained 4-letter words to 13 year-olds, bringing them up in class, then discouraged further usage. Judges decided the teacher had acted creatively in response to…

Examines the current state of First Amendment rights of faculty at public colleges and universities. Using as a focus the recent case of Crue v. Aiken, analyzes the place of the prior restraint doctrine and the treatment of public employees in the free speech context, arriving at a conclusion that offers an extension of the restrictions allowed by…

Analyzes Massachusetts case involving Salem State College decision to prevent a student from continuing his student teaching at an elementary school because of his continued expression of strongly held religious views in the classroom. First Circuit Court of Appeals upheld the college's decision rejecting the student's claim that his 1st and 14th…