Focusing on the dramatic increase in the scope, intensity and frequency of censorship protests in the United States, and based on the premise that the censorship crusade is better organized, staffed, and financed than ever before, this journal issue addresses many facets of the censorship problem. In addition to an introduction by Ronald Salomone,…

Recounts an incident where a sociologist heard stories challenging violations concerning toxic chemicals. Lawyers advised that corroborating these stories would obligate the sociologist to inform the authorities, thereby jeopardizing his sources. Discusses the ineffectuality of the American Sociological Associations' code of ethics and legal…

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

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…

This paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses teachers' rights to private and public speech. Specifically, it examines the rights of special-education teachers and other special-education professionals to advocate, privately or publicly, on…

Presents R. Scarce's account of his jailing for refusal to divulge to the authorities information gathered for his doctoral research. Revealing the information would have been a violation of the American Sociological Association's Code of Ethics. Concludes with 13 concerns and suggestions for protecting scholarly research from legal intrusion.…

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…

While the term "academic immunity" is not one usually used, in practice academics in higher education institutions (HEIs) have been immune from legal challenges to their key professional activities. The historical position in the UK has seen both university visitors and the courts consistently refusing to interfere with decisions…

In "Tucker v. State of California Department of Education," the U.S. Court of Appeals for the Ninth Circuit ruled that a public employee has the right to engage in religious advocacy among fellow employees under certain circumstances. Judge Reinhardt suggests that government agencies either ban all employee displays about any topic…

Many activities that take place in the library, including circulation and interlibrary loan and reserve requests, result in the creation of records linking clients to specific kinds of information. Several groups, including law enforcement officials, have attempted on various occasions to gain access to these records. This research paper provides…

Jurisprudence is viewed from the perspective that legal argument is the process of creating the field of law through restatement rather than rule application. (MSE)

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"…

A recent Pennsylvania case, "Student Coalition for Peace v. Lower Merion School District Board of Directors," has established the principle that outsiders who are not invited by student groups have no right of access to school facilities under the Equal Access Act. (TE)

Interpretation of the establishment clause of the Constitution and its application to statutes challenged by the United States Supreme Court has followed two distinct paths--one embracing the principle of separation of church and state, the other stressing the importance of accommodation between them. Both legal trends are discussed. (TE)

Relates experiences of public library in dealing with request for circulation records of inmate residing in county jail. Library policy, law and the prosecutor, preparing defense for refusal to comply with request, public relations, consequences of court appeals, and making the decision to comply with subpoena are discussed. (9 refernces) (EJS)