The author of this article states that one of the more troubling aspects of contemporary American culture is the considerable number of persons who feel no obligation to support freedom of speech and/or freedom of the press. Those who disagree are perceived as dangerous. There are right answers and wrong answers, and to suggest that one might…

Examining interpretive approaches to the First Amendment free speech and press clause, this paper focuses on the conceptual framework proposed by John Hart Ely. Other First Amendment tests examined include clear and present danger, balancing, the absolute test, and A. Meiklejohn's "absolute" test. Following an analysis of Ely's First…

The "least restrictive means" test, a frequently used tool for resolving First Amendment cases in federal courts, is designed to insure that state-imposed abridgement of free expression is limited to the narrowest scope and the least impact necessary to fulfill a compelling state interest. Analysis of the history of the test since its…

Describes a five-day instructional unit designed for seventh and eighth graders about the First Amendment to the U.S. Constitution. Points out that the individual rights in the First Amendment often conflict with the rights of the majority. Provides student questions and suggestions for resources and activities. (CFR)

Intended to make the First Amendment relevant to young people by addressing issues that speak directly to their lives, this guide assists teachers in using "Talk about Freedom," a series of eight educational print advertisements (ads) for teenagers, in the classroom. The eight print ads presented in the guide address: (1) censorship of…

Describes a testing situation in which students were required to waive their right to discuss the exam, to personalize for students the constitutional problems raised by prepublication agreements such as those required of government workers. (HTH)

Very few elementary public school teachers in the United States expose their students to religion and spirituality in an in-depth way. Even when they have the necessary knowledge base, they shy away from so dangerous an enterprise. They might fear provoking a challenge from parents who are irreligious and are shocked to find religion being…

The speech communication department at the University of Wisconsin, Madison, provides a rigorous and legally oriented course in freedom of speech. The objectives of the course are to help students gain insight into the historical and philosophical foundations of the First Amendment, the legal/judicial processes concerning the First Amendment, and…

Offers seven reflections on the First Amendment and related issues by attorneys, a professor, project directors, and a university president. Highlights an activity where pairs of students prepare either a pro or con argument for each of the seven excerpts and then participate in a debate. (CMK)

In early 1988, the U.S. Supreme Court, in "Hazelwood School District v. Kuhlmeier," held that school administrators may exercise "editorial control over the style and content of student speech in school-sponsored expressive activities so long as their actions are reasonably related to legitimate pedagogical concerns." A…

Reviews judicial decisions involving school staff evaluation systems. Courts remain reluctant to interfere with the summative evaluation process of a school district. Administrators must apply reasoned, ascertainable standards in employment decisions in order to withstand judicial scrutiny amid the array of legal constraints on the evaluation of…

A year ago, an upstate New York college withdrew a speaking invitation to Wade Churchill, a University of Colorado professor who had characterized 9/11 victims as "little Eichmanns." Churchill's portrayal of 9/11 victims as a mixture of conscious and unwitting participants in a systemic evil of Holocaust proportions indeed was…

This document discusses several aspects of teaching about religion in the public schools. While religion is an important element in many areas of literature, art, and music, the social studies, especially history and civics, provide the best opportunity for including religion in the curriculum. Teaching about religion in public schools is examined…

Discusses five Supreme Court decisions that relate to the First Amendment and freedom of the press. Includes small group decision-making exercises and discussion questions focusing on these interpretations for use in a college speech communication class. (MH)

Suggests five guidelines that can be used by teachers and local school district policy committees to accommodate the religious diversity of students while meeting the five historic goals of public schools. Points out emerging issues facing those concerned about religion and First Amendment rights of students and parents. (LS)