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…

This paper examines recent court decisions that indicate the extent of constitutional protection extended to opinionated statements made during broadcast commentaries. A brief overview of both the common law and constitutional privileges protecting the expression of opinion is also included in the paper. Specifically, the paper evaluates the…

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…

The competing constitutional interests of the student press and the rest of the community at a state university are examined, addressing issues of administrative censorship, mandatory student funding of newspapers, and open access and right of reply claims made against the student press. (MSE)

Describes a Circuit Court of Appeals case concerning a middle school principal who was unfairly fired after making a controversial speech on inadequate school finances. Describes a search and seizure case involving a student's possession of a gun and drugs on campus. Urges school boards to know the law before taking action. (MLH)

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

E-mail has created friction between school districts' proprietary needs and employees' privacy rights. This article examines e-mail law (constitutional, statutory, and common) and issues (employer monitoring, discover problems, admissibility, and attorney-client privilege) and provides policy guidelines. The 1996 Communications Decency Act,…

Although the law pertaining to tenure denial based on scholarship and teaching is well settled, legal issues governing faculty dismissal due to declining college enrollments are unsettled. This paper reviews tenure cases and explores tenure denial based on institutional need, anticipating development of a separate body of law. (72 references) (MLH)

The authors debate whether institutions of higher learning should impose regulations or speech codes to ban sexually harassive speech believed to foster gender-based discrimination. Masters insists that narrowly crafted controls are necessary to make colleges and universities inviting to all. Dagley argues that speech codes are improper because…

Due to increasing attacks on school curriculum and policies, administrators must understand the law associated with education and religion. Guided by this knowledge, school leaders can foster an educational environment while simultaneously protecting individual expression. If a lawsuit occurs, an administrator can best protect both the school and…

This paper explores the rights of authors before publication of their works, if those works are to be published at all, and how these rights might yield to fair use of the works by other authors. Firstly, the paper examines the interests at stake of the three main groups involved: authors, the public, and people who wish to quote or closely…

This paper analyzes how absolutist arguments against campus harassment codes violate the spirit of the first amendment, examining in particular the United States Supreme Court ruling in "RAV v. St. Paul." The paper begins by tracing the current development of first amendment doctrine, analyzing its inadequacy in the campus hate speech…

The legal action brought by author J. D. Salinger against Random House Publishers to prevent certain letters--now the property of various university libraries--from being published in a biography illustrates how the long-standing accommodation between the Copyright Act and the First Amendment can occasionally break down. Although the biographer…

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…