Recounts the case of a high school drama teacher in North Carolina who was disciplined after she chose a play for her students to perform, Lee Blessing's "Independence," which contained characters and language a parent found objectionable. Discusses the legal case that ensued and implications for academic freedom and the First Amendment.…

Supreme Court has delineated three-step test to First Amendment cases brought by public employees, including tenured and nontenured teachers' academic freedom cases. Is teacher's conduct "protected expression" that concerns public issue without unduly rocking boat? If so, is protected expression the motivation behind district's adverse…

The first half of this volume presents an introductory essay defining the First Amendment and the legal aspects of censorship, and offers an annotated list of books that have been banned at various times throughout history. The annotations, arranged according to the birth dates of the authors, include a chronological account of the censorship…

National security controls and restrictions on academic institutions and individuals are discussed, with focus on how the principles of first amendment rights (academic freedom in particular) must balance attempts on censorship of unclassified publications and academic presentations. Specific legislation and litigation are considered. (MSE)

Never enjoying the strong protection afforded to other First Amendment-related speech, academic freedom has been buffeted by a series of seemingly conflicting legal decisions. This paper explores the case that focuses on an allegation that faculty members of Vincennes University, a two-year school in Indiana, were discriminated against because of…

Focuses on the problem of censorship in the public high schools, examining the legal aspects of censorship in that setting. (NKA)

A 1998 court decision ruled that a recent Virginia law requiring official approval for state employees to put materials with "sexually explicit content" on the Internet was unconstitutional. However, the extent to which the First Amendment will protect academic freedom in cyberspace in this case and for other issues is not clear. (MSE)

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…

Articles of The Bill of Rights, although comprising the fundamental principles of American society, are often opposed by many people on varying grounds. For example, many people support physical abuses by law enforcement officials, even though they might violate constitutional rights. The First Amendment, simple in original wording, has resulted…

The pamphlet addresses the application of the United States Constitution's First Amendment to offensive expression and expressive conduct, particularly by students, at public colleges and universities. Sections 1 through 4 summarize applicable First Amendment principles including the breadth of the First Amendment; exceptions to content-based…

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

This book focuses on book-banning in public schools and libraries, a practice that prohibits or restricts access to books already published, distributed, and even approved by school or library boards. The major grounds for censorship are sex, profanity, and religion, but they are often intertwined to cover a broad range of "unacceptable"…

The Pope called upon Roman Catholic institutions of higher learning to "make known their Catholic identity" by integrating Catholic teaching and discipline in all university activities. Religious institutions find themselves facing precarious legal challenges, where the constitutionality of government appropriations could be challenged,…

Public university restriction of faculty expression on the institution's World Wide Web server is discussed based on recent Supreme Court decisions. It is proposed that in some circumstances, content-based restriction of faculty expression is permissible and will not violate the First Amendment academic freedom rights of faculty. (MSE)

Examines the issue of a professor's First Amendment right to academic freedom vs. a student's right to an effective learning environment free from sexual harassment in a 1996 case, Cohen vs. San Bernardino Valley College. Also explored is the right of a public employee to free speech. Recommendations are offered to college administrators on…