This report reviews the seven times that the courts have considered the question of whether school boards can remove books from school libraries. Because the first and the three most recent cases upheld the rights of boards, while the other three cases were won by plaintiffs who had filed their cases against the boards, the differences in the…

College faculties contemplating the adoption of collective bargaining should carefully consider its implications for the following issues: participation in policy decisions, college senates, governing board authority, centralized decision making, emphasis on productivity, academic freedom and tenure, monetary gains versus union costs, influence of…

Two Supreme Court cases are analyzed with reference to lower court decisions and their implications: Pickering v. Board of Education, which concerned teachers' expression outside the school, and Tinker v. Des Moines Independent Community School District, which involved students' expression inside the classroom. (JT)

Eleven lessons illustrating different strategies for teaching about academic freedom and suggested related readings are provided. (Author/DE)

Because of the United States Court of Appeal's ruling ("Quincy Cable TV vs. Federal Communications Commission") that government regulation of what cable television stations can broadcast violates their First Amendment rights, a number of consequences have arisen concerning what cable stations are required to broadcast (must-carry rules),…

The following articles appear in this document devoted to debating whether credit privacy laws should be revised: "Who's Looking at Your Credit Report?" (Holstein); "Credit Reporting System Doesn't Need Fixing" (Ulrich); "The Fair Credit Reporting Act (FCRA); A Remarkable Success" (Kurth); and "Revisit Law To…

Compiled using data from the American Library Association's Office of Intellectual Freedom (OIF), this report provides information about censorship attempts and actions in Michigan between 1976 and 1980. From 1966 through 1975, 65 cases of censorship were reported; from 1975 through 1980, 23 cases were reported. It is noted that an estimated 85%…

The press has long been considered the "watchdog" of government, yet today, more than 100 newspaper editors also serve in public office. A study sought to determine the types of role conflict that arise for editors who hold public office, the public's reaction to such dual roles, and the policies of several leading newspapers concerning…

Since the 1974 Supreme Court dicta in "Gertz v. Robert Welch, Inc.," many courts have held that statement of opinion is constitutionally protected. However, statements that appear to be opinion based on undisclosed facts or knowledge not generally known to the public can be an exception. For instance, courts have protected specific…

While some analysts have asserted that the First Amendment was intended to prohibit laws against seditious libel (speech overtly critical of the government), the judicial record reveals a willingness to tolerate some onerous infringements on free expression. In the late 19th and early 20th centuries, 25 states passed "sedition" or…

The United States Supreme Court in New York Times v. Sullivan (1964) extended the scope of protection provided to the press when covering public officials, requiring officials claiming libel by the press to prove "actual malice" (knowledge of falsity or reckless disregard of truth or falsity). The Alien and Sedition Acts of 1798 limited…

The applicability of "in loco parentis" and the issue of commercial speech (e.g. sales pitches and advertising) on campus are discussed. While in previous years the principle of in loco parentis allowed colleges to dicate the behavior of its students, colleges must now take reasonable steps to guarantee the physical safety of students.…

Exclusion of the press from the first days of the American invasion of Grenada dramatically brought into focus the fundamental conflict between the military's need for secrecy and the press's need to publish information. From the viewpoint of the press, the decision to exclude reporters from the island until the third day of the invasion denied…

The nature and extent of religious activities in public schools is an unresolved issue. While the teacher-led prayer issue was decided in a 1985 Supreme Court decision, the constitutionality of schools' permitting student groups to meet for religious purposes remains unsettled. Compliance with the establishment clause requires government to remain…

This brochure outlines the general provisions of the Personal Privacy Protection Law (Public Officers Law, Article 6-A, sections 91-99) which became effective on September 1, 1984, and is intended to protect each individual's privacy by regulating the manner in which the state collects, maintains, and disseminates personal information about its…