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Showing 46 to 60 of 118 results Save | Export
Reutter, E. Edmund, Jr. – West's Education Law Quarterly, 1994
Examines four cases decided in circuit courts regarding teachers' academic freedom. Cited in all these decisions was "Kuhlmeier," a case involving the lawful restriction of student speech. Contends that some of the language in the opinions could stimulate governing boards to try to intrude upon the professional judgment of teachers. (42…
Descriptors: Academic Freedom, Elementary Secondary Education, Federal Courts, Freedom of Speech
Peer reviewed Peer reviewed
Bjorklun, Eugene C. – Religion & Public Education, 1992
Reviews the controversy of teaching evolution and creationism in public schools from the early years of the twentieth century until today. Identifies two stages of the legal challenges to the teaching of evolution. Contends that academic freedom issues may provide another avenue to the Supreme Court for those supporting creationism. (CFR)
Descriptors: Academic Freedom, Civil Liberties, Constitutional Law, Creationism
Peer reviewed Peer reviewed
Frank, Bob – Journal of the Association for Communication Administration (JACA), 1993
Discusses what drama teachers, directors, and administrators should know about the legal limits of their freedom of expression. Discusses the limitations imposed by the courts on administrative officials regarding their ability to control or regulate what theater students and teachers do. (RS)
Descriptors: Academic Freedom, Administrators, Court Litigation, Freedom of Speech
Peer reviewed Peer reviewed
Rabban, David M. – Academe, 2001
Describes important court decisions which illustrate the relationship and potential tension between the academic freedom of an individual professor and the academic freedom of the university as an institution. (EV)
Descriptors: Academic Freedom, College Faculty, Court Litigation, Faculty College Relationship
Sandmann, Warren – 1998
This paper discusses current court rulings on academic freedom at the college and university level. The paper focuses on three cases: "Hall v. Kutztown," in which the U.S. District Court for the Eastern District of Pennsylvania ruled that Kutztown University violated the free speech rights of a philosophy professor when it rejected him…
Descriptors: Academic Freedom, Civil Rights, Court Litigation, Faculty College Relationship
Peer reviewed Peer reviewed
Abrams, J. Marc – Update on Law-Related Education, 1985
Discussed is a court case in which a journalism teacher filed suit against a two year college alleging that the students' civil rights had been violated because the college had eliminated the student newspaper. The court allowed the teacher third-party standing to defend the rights of the students. (RM)
Descriptors: Court Litigation, Freedom of Speech, Higher Education, Journalism Education
Peer reviewed Peer reviewed
Melnick, Nicholas; Lillard, Sandra D. – Clearing House, 1989
Discusses judicial decisions bearing on the nature of academic freedom as a constitutional right of public school teachers. Summarizes cases that recognize a teacher's right to teach contrary to the wishes of school authorities, and cases that uphold the state's right to control the public school curriculum. (SR)
Descriptors: Academic Freedom, Controversial Issues (Course Content), Court Litigation, Elementary Secondary Education
Peer reviewed Peer reviewed
DeMitchell, Todd A. – International Journal of Educational Reform, 2000
As a policy pronouncement, California's Proposition 227 mandates a duty of care that educators owe their students. Failure to teach primarily in English creates a private cause of action against an educator that overcomes legal and policy concerns of "Peter W. v. San Francisco Unified School District." (Contains 57 notes and references.)
Descriptors: Bilingual Education, Court Litigation, Elementary Secondary Education, Freedom of Speech
Peer reviewed Peer reviewed
Threaplton, Maureen – Journal of College and University Law, 2002
Examines the civil rights claims raised by a university coach claiming he was forced to resign because he refused to wear contracted Nike apparel. Explores the state of the law regarding restrictions on private employers' control of employees' political activities, and asserts that to make up for the lack of legal protection, employers should…
Descriptors: Athletic Coaches, College Athletics, Contracts, Court Litigation
Caplan, Gerald A. – 1984
The First Amendment free speech right is one of the most frequently asserted constitutional challenges to dismissal or discipline of a school district employee. In any employee's claim of violation of free speech right by a public employer, a threefold process of review should be made: (1) Was the conduct in question constitutionally protected in…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Discipline
Peer reviewed Peer reviewed
Academe, 1985
A statement by Committee A on Academic Freedom and Tenure of the American Association of University Professors on the organization "Accuracy in Academia" is presented. External monitoring of in-class statements presents the prospect that words uttered will be distorted or taken out of context and have a chilling effect. (MLW)
Descriptors: Academic Freedom, Censorship, College Faculty, Conservatism
Sendor, Benjamin – American School Board Journal, 1996
In "Westbrook," a federal court recently struck down a school board policy in Wyoming that limited and channeled criticism among employees. Summarizes the judge's reasoning and concludes that the board failed to seek a balance between its legitimate interests and the basic right of school employees to speak out about matters of public…
Descriptors: Academic Freedom, Board of Education Policy, 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
Zirkel, Perry A. – Phi Delta Kappan, 2000
Discusses a 2000 federal trial court decision upholding a Kentucky district's termination of a tenured teacher who presented a curricular segment on industrial hemp as part of a "save-the-trees" unit. The decision underscores teachers' severely limited constitutional rights in the curricular context. (MLH)
Descriptors: Constitutional Law, Court Litigation, Curriculum, Due Process
Flygare, Thomas – Phi Delta Kappan, 1984
Discusses a 1984 United States Supreme Court ruling against 20 faculty members not belonging to the Minnesota Community College Faculty Association (MCCFA) who alleged that their right to meet and confer with their employers over employment terms and conditions was violated by MCCFA representation excluding nonunion members. (JBM)
Descriptors: Academic Freedom, Civil Rights, Court Litigation, Employer Employee Relationship
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