The first amendment, privacy, and due process rights of public employees are reviewed and many legal uncertainties and their effect on the public employees are noted. Special emphasis is on the first amendment and due process, since these are areas where the most challenges have taken place. (LBH)

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.…

The question of whether there should continue to be subsidy for magazines and newspapers through low second class postal rates (eliminated by the Postal Reorganization Act of 1970) is examined in light of First Amendment objectives of an informed electorate. Judicial remedy is deemed unlikely and legislative reconsideration of such subsidy…

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"…

Although colleges and universities generally regard the First Amendment as sacred, they often find themselves at the center of controversies concerning the right to say, print, write, or research with freedom. The complex relationships between a college or university and its student media have often contributed to conflicts over First Amendment…

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

Issues in students' First Amendment rights are discussed in this paper, which is directed toward school board members. The "Tinker v. Des Moines Independent Schools" (1969) decision is discussed, in which the United States Supreme Court struck down the discipline imposed on students who wore black armbands during school hours to protest…

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…

A number of court cases are being decided and laws are being passed that have an impact upon the First Amendment rights of children in the United States. In addition, groups such as the national Parent Teachers Association, Action for Children's Television, the Council on Dental Health, and the American Public Health Association are lobbying for…

State compulsory attendance statutes require parents and legal guardians to see that children are educated. Although courts have consistently upheld such statutes, the nature of these filings has changed. Whereas early-day legal action usually sought to protect the rights of some select group from constitutional infringement, more recent suits…

This book surveys the implications of freedom of the press for a constitutionally rooted public right of access to electronic and print media. Part one provides general perspectives on access to the media, including discussions of access in relation to the Supreme Court, to First Amendment history and theory, to current perceptions of the press,…

The Law section of the Proceedings contains the following 13 papers: "Link Law: The Evolving Law of Internet Hyperlinks" (Mark Sableman); "Bits, Bytes and the Right to Know: How the Electronic Freedom of Information Act Holds the Key to Public Access to a Wealth of Useful Government Databases" (Martin E. Halstuk);…

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 six articles in this collection deal with theoretical and practical freedom of speech issues. Topics covered are (1) freedom of expression and the Mormons for the Equal Rights Amendment (R. J. Jensen); (2) the U.S. Supreme Court and the First Amendment (W. A. Linsley); (3) antipornography campaigns (R. McGaffey); (4) the human rights advocacy…

Provides a model reflective inquiry strategy to educate students about the controversy surrounding the proposed ban on tobacco advertising. Presents a 15-day lesson sequence which explores implications for clashes between individual rights and state power, and includes a list of resources for classroom use. (LS)