Legal issues in public use of educational facilities and property are examined in this paper, which focuses on the balance between government authority and individual rights of association and expression protected by the First and Fourteenth Amendments. The Supreme Court's use of forum analysis to determine whether the government's interest in…

This teacher's guide introduces secondary students to the study of constitutional government in the United States. It is designed to provide students with an understanding of how the Constitution came into existence, why it took the form it did, and how it has functioned for the past 200 years. Through the 31 lessons of the text, organized into…

In the United States, the Bill of Rights is most often thought of as the charter that establishes individual rights in categories such as "freedom of expression" and "rights of the accused." In this essay it is argued that this conception of the Bill of Rights, while perhaps acceptable for constitutional law, does not provide…

This book of essays connects controversies over rights and liberties today to their historical antecedents while explaining how social, political, and cultural changes have influenced understandings of specific provisions of the Bill of Rights. Written for teachers using a collaborative effort, each essay is accompanied by bibliographic…

This compilation of over 40 lesson plans on various topics in law related education was written by classroom teachers from around the United States who had participated in the fifth of an annual series called Special Programs in Citizenship Education (SPICE)--weeklong institutes devoted to learning about different cultures and laws. Called SPICE V…

Argues that the Supreme Court was right in not making a decision in the DeFunis v. Odegaard case regarding the right of the University of Washington Law School to identify applicants for admission by race and give preferential treatment to "minority" applicants. Emphasizes the need for "sharply defined and fully canvassed legal…

Based on the question of whether racial preference and quotas to advance the educational opportunities of certain racial and ethnic minorities are compatible with the equal protection clause of the Fourteenth Amendment, a case against reference to race is presented in light of the DeFunis v. Odegaard case. (JT)

Because of the United States Court of Appeal's ruling ("Quincy Cable TV vs. Federal Communications Commission") that government regulation of what cable television stations can broadcast violates their First Amendment rights, a number of consequences have arisen concerning what cable stations are required to broadcast (must-carry rules),…

Since the 1974 Supreme Court dicta in "Gertz v. Robert Welch, Inc.," many courts have held that statement of opinion is constitutionally protected. However, statements that appear to be opinion based on undisclosed facts or knowledge not generally known to the public can be an exception. For instance, courts have protected specific…

While some analysts have asserted that the First Amendment was intended to prohibit laws against seditious libel (speech overtly critical of the government), the judicial record reveals a willingness to tolerate some onerous infringements on free expression. In the late 19th and early 20th centuries, 25 states passed "sedition" or…

Senate confirmation hearings on President Reagan's nominees for the U. S. Supreme Court raise questions about what these nominations tell about law. The controversy that surrounded the confirmation of the Reagan nominees was a direct result of two competing conceptions of law: legal formalism and legal realism. Legal formalism views law as a…

The United States Supreme Court in New York Times v. Sullivan (1964) extended the scope of protection provided to the press when covering public officials, requiring officials claiming libel by the press to prove "actual malice" (knowledge of falsity or reckless disregard of truth or falsity). The Alien and Sedition Acts of 1798 limited…

This handbook for Spanish-speaking immigrants studying for United States citizenship consists of a series of brief lessons on the following aspects of United States history and government: (1) the American flag, (2) Christopher Columbus, (3) the thirteen colonies, (3) the pilgrims, (4) the first Thanksgiving, (5) the Stamp Act, (6) the Boston Tea…

Intended to summarize the ideals underlying the struggle for freedom of the press and to reinforce the basic Constitutional principles upon which the United States functions, this collection of quotations reflects the beliefs of prominent people throughout history who have championed press freedom, as well as the ideas of some who have opposed it.…

Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings,…