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Direct linkMcCarthy, Martha – National Association of Secondary School Principals (NASSP), 2008
What is the scope of First Amendment free expression rights of public school employees and students? Following a long period with no Supreme Court rulings pertaining to public employee or student speech, the Court since 2006 has delivered significant opinions in this regard. These decisions continue the trend of narrowing the circumstances under…
Descriptors: Public Schools, Freedom of Speech, Constitutional Law, Student Rights
Academic Freedom, the First Amendment and Competing Stakeholders: The Dynamics of a Changing Balance
Peer reviewedJorgensen, James D.; Helms, Lelia B. – Review of Higher Education, 2008
The Supreme Court first affirmed the importance of academic freedom in 1957. Yet in subsequent cases, First Amendment precedent has displaced the concept of academic freedom to resolve disputes among competing interests on public campuses, primarily in favor of institutions. This paper draws on the concepts of path dependence and policy space to…
Descriptors: Academic Freedom, Constitutional Law, Stakeholders, Court Litigation
