Recently, some critics have argued that the academy has become infected by a new brand of censorship which threatens the openness central to a university's purposes. Dinesh D'Souza has argued that this censorship is a manifestation of influence enjoyed by leftist radical professors and students. D'Souza is correct that the First Amendment is being…

The establishment of First Amendment protection for statements of opinion has extended the category of protected expression, but judicially created tests for distinguishing fact from opinion provide limited guidance for judges and place little constraint on judicial interpretation of language. In writing the Supreme Court's majority opinion in…

According to this reference manual, the nation's courts offer public high school journalists the same constitutional protection for expression, free speech, and free press as adults. Part 1 traces the development of the First and Fourth Amendments and explains how these provisions apply to high school publications. Part 2 examines expression that…

Serious constitutional problems arise when the contempt power of judges clashes with other compelling interests such as those of the First Amendment. The "collateral bar" rule--which requires that court orders, even those later determined to be unconstitutional, must be complied with until amended or vacated--in effect, calls for…

Supreme Court interpretations of the First Amendment have allowed congressional regulation of broadcasting. This report discusses governmental regulation of the mass communication media, especially in the area where restrictions are most numerous--television. Specifically, the following topics are examined: Supreme Court litigation regarding…

This book provides a collection of major cases and selected reprints of important articles from leading law journals, about obscenity, censorship, rights of privacy, and other First Amendment problems. The 50 Supreme Court decisions and 17 interpretive articles examine the legal activism of the Warren and Burger courts, from the 1960s through the…

Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

Implications of the 1985 Supreme Court ruling in Harper & Row v Nation Enterprises, dealing with copyright protection in unpublished material include: ownership of copyrighted works prepared by faculty or students, infringement through performance or classroom use of copyrighted works, and application of fair use to classroom and scholarly…

This master's thesis assumes that the argument presented in "The American Paradox: Spiritual Hunger in an Age of Plenty" (D. G. Myers) is correct. The United States presently suffers from a social recession arising from the impoverishment of the human spirit. The thesis diagnoses four underlying causes of U.S. social ills: (1) science;…

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…

Discusses results of a survey sent to former legislators (representing 18 states) concerning their opinion as to why bills intended to reverse the effects of Hazelwood School District v. Kuhlmeier have met with resistance. Identifies characteristics of legislators that sponsored anti-Hazelwood legislation. Concludes that more planning was needed…

Service learning is not immune from legal problems. In 1993, the third Circuit Court of Appeals quashed a lawsuit claiming a school's mandatory public-service requirement violated the 1st and 13th amendments. The most recent case was pursued against a New York district whose modest public-service requirement supposedly forced students into…

A collection of nine articles, this yearbook focuses on freedom of speech and censorship. The topics covered include (1) judicial invention in First Amendment governmental regulation cases, (2) the impact of the Moral Majority on book censorship; (3) Justice William Brennan's championship of the First Amendment, (4) the legal tactics that public…

News media representatives foresee a growing use of remote-sensing satellites to gather data, including data that could be used to check government claims about military and other activities occurring anywhere on the planet. The satellite technology is developing rapidly, and several nations and private corporations are involved in separate…

The first half of this volume presents an introductory essay defining the First Amendment and the legal aspects of censorship, and offers an annotated list of books that have been banned at various times throughout history. The annotations, arranged according to the birth dates of the authors, include a chronological account of the censorship…