A parent brings a cyber bullying incident to your attention and expects you to resolve it. What are the students' rights and your responsibilities according to the law? Because the laws regarding disciplinary action are still evolving, this manual fills the gap by providing public school leaders with data-driven solutions for managing cyber…

This discussion summarizes the general principles that may be applied in determining the limits of free expression and proposes new criteria based on libertarian values. Among the general principles summarized are the bad-tendency test, the clear-and-present-danger test, the balancing test, the incitement test, and the hypothetical absolute test.…

Discusses the attempt by Boston editors to define press rights and examines legal constraints on press freedom. (KS)

Removal of school library books is again an issue in the courts. In a 1993 Kansas City case involving the superintendent's removal of "Annie on My Mind" from several school libraries, the federal court found that school officials' motivation violated the First Amendment. Administrators must resist the temptation to quell controversy by…

A collection of 12 articles, this yearbook focuses on freedom of speech and censorship. The topics covered include (1) common law tort and contract erosion of the at will rule, (2) the Supreme Court and the First Amendment in 1983-1984, (3) a phenomenological analysis of the First Amendment and the issue of obscenity, (4) John Milton's attack on…

Discusses the progress of anti-Hazelwood legislation, and lists the five states with student free expression laws: California, Colorado, Iowa, Kansas, and Massachusetts. Notes that 16 states have made no attempts to counteract the ruling of Hazelwood School District v. Kuhlmeier. Describes the limits of the laws existing in the five states with…

This compilation of materials from the SLATE (Support for the Learning and Teaching of English) Steering Committee of the National Council of Teachers of English reflects the ongoing concerns and discussions that SLATE has held about the free exchange of thoughts and ideas throughout its history. The collection contains "starter sheets"…

The purpose of this paper is to help identify newspaper advertisements which fall under the protection of the First Amendment. Although the Supreme Court declared in 1942 that advertisements which propose a purely commercial transaction were not protected by the First Amendment, in 1976 it decided that commercial expression, like other forms of…

Since, in most cases, sequestration is no longer an option for judges to insure an impartial jury, judicial restraints or suppression orders directed at trial participants have become increasingly attractive. The problem is that the press has a desire to disseminate information about the judicial process to the public. Silence orders prohibiting…

Discussions collected in this newsletter include the following speeches all of which were presented at the 1976 convention of the Western States Speech Communication Association: "Where the First Amendment is Silent," a sketch of current speech rights and a prediction for the future; "Freedom of Speech in University Theatre; or,…

The purpose of this paper is to examine the current status of freedom of the press with regard to past and present judicial rulings. A section devoted to "The Background of Prior Restraint" examines the historical basis for current legal decisions. In "Threatening Progeny," court decisions unfriendly to the press such as the…

Details the implications for libel suits against the press of the law's distinction between public figures and private individuals. (KS)

Since the "New York Times Co. v. Sullivan" decision in 1964, courts have debated the degrees of protection from defamation that should be offered to individuals and the concomitant degree of freedom that the press should have to report on matters of public concern. Most recently, the Supreme Court has attempted to balance these competing…

Recent court decisions have diminished First Amendment protection by rejecting the appropriateness of the "New York Times" doctrine regarding privacy and private and public citizens. (KS)