Digital Commons Network^™

Free Speech And Students' Rights In Mississippi Public Schools: Exploring Off-Campus Speech, Diala Husni Chaney

Electronic Theses and Dissertations

This case study uses qualitative interviews with building-level principals in Mississippi public high schools along with document analysis to construct standardized policy language for Mississippi School Districts to adopt in order to aid administrators when handling issues involving student off-campus speech. This study rests upon the idea that free speech, and what constitutes free speech, has been and always will be a problem within society, especially with regard to speech used within public schools.

The consensus among researchers is certain types of speech are protected by the First Amendment, while other types of speech are not. By further delving into …

Press Freedom Under Threat In Europe: A Case Study Analysis Of The Increasing Threat To Press Freedom In Greece, Italy, And Hungary, Maya O'Leary-Cyr

Undergraduate Honors Theses

This research critically examines the legal systems of European countries and their relationship to press freedom. This research focuses on the vexatious legal threats used by government officials and corporations to silence journalists. These legal threats are known as SLAPPs (strategic lawsuits against public participation) and their use has increased exponentially in the last decade. Considering the scope of the problem, this research analyzes the issue through the lens of European countries Greece, Italy, and Hungary. Being members of the European Union, each of these countries have an obligation to uphold the democratic standards put forth by the EU as …

Reconciling Self-Censorship: A Qualitative Study Of The Experiences Of University Staff And Administrators, Leigh C. Morales

Doctoral Dissertations

In addition to a global pandemic, the past three years have been marked by racial, social, and political unrest. These circumstances add meaningful context to examine and better understand factors that undermine free expression and contribute to self-censorship among university staff and administrators. To date, few studies have holistically explored the unique experiences of university staff and administrators with self-censorship and how this phenomenon affects their experience on college and university campuses. Understanding why staff and administrators choose to self-censor may allow for a deeper discussion about speech climate and the degree to which colleges and universities implement and uphold …

Sex, Money, And Free Speech: The Many Harms Of Fosta/Sesta, Desmond Mantle

CMC Senior Theses

This thesis tracks the development of the Fight Online Sex Trafficking Act/Stop Enabling Sex Traffickers Act, or FOSTA/SESTA, which became federal law in 2018. The law's passage followed as a natural consequence of popular concerns about human trafficking. Congress passed the legislation by large margins in both houses given bipartisan opposition to sex trafficking. This thesis identifies plausible reasons for the only two Senate votes against the bill: those of Senators Rand Paul and Ron Wyden. Though these senators came from opposite sides of the aisle, they shared concerns about the future of free speech online and the potential failure …

Tinkering With Tinker: Why The Supreme Court Must Protect Student Speech Through Social Media, Alexis Roach

Honors Theses and Capstones

The goal of this paper is to address the failing of the Supreme Court in their decision of the case Mahanoy Area School District v. B.L.[1]. While the Court defended students’ rights to free speech under the First Amendment in Tinker v. Des Moines (1969)[2], they have since restricted that right through a number of cases. While the Court’s decision in Mahanoy Area School District v. B.L. protected student speech, the Court failed to provide a standard for application in cases regarding social media in schools. This paper argues that while the Court was correct in …

Censorship And The Satanic Verses: Policing Blasphemy In A Secular World, Alixa Brobbey

Undergraduate Honors Theses

Free speech is currently a hotly debated topic in the world of arts. This thesis traces the history and abolition of blasphemy law in England in light of its relationship with censorship in English literature. I examine the Rushdie Affair and its legacy, particularly in comparison to the Gay News trial. Building on previous scholarship, I examine the arguments that hate speech laws serve as a replacement for blasphemy law. I conclude with the suggestion that hate speech laws be amended to include a clause specifying that works of artistic merit cannot be prosecuted under such laws, mirroring the language …

Responding To Campus Bias And Hate: A Proactive Way To Protect Marginalized Students From Race-Based Trauma, Lezlie Blair

West Chester University Master’s Theses

Abstract

Marginalized students face silent battles of racial discrimination and injustice every day that go often go unnoticed. These various experiences and encounters have the potential to lead to severe traumatic reactions that can negatively impact a student’s college experience. My thematic concern examines the problem of hate speech and unconscious biases on college and university campuses and its influence on race-based trauma experienced by students of color. I will also address the ways in which colleges and universities can proactively support and protect racially marginalized students from these occurrences and the potential trauma that can come with them. In …

Who Has A Voice: Issues Of Free Speech At The University Of Mississippi From 1955-1970, Neale Grisham

Honors Theses

Amidst the upheaval of American society in the 1960s, the University of Mississippi’s administration found itself in a precarious position. A long-standing institution that prided itself on its ties to the Old South, the university was being challenged by integrationists and liberal notions of equality and social justice. The university was forced to decide between abetting the alumni that padded university pockets and the tides of change that were rippling through the university campus. Their main way of combatting this was through the surveilling of students and the vetting of potential guest speakers who may spread “controversial ideas.” While students …

Forgotten Opposition: Cal Poly Reactions To American Imperialism In The 1980s, Cooper Lock

Cal Poly's History: Student Research Reports

The Reagan Administration employed aggressive rhetoric in combating the supposed spread of communism in Latin America during the 1980s. The El Salvador ruling party’s fight against the leftist Farabundo Martí National Liberation Front became a hotspot for United States foreign aid and involvement. Extensive amounts of money poured into the region, inciting equally extensive disapproval and distrust from the American people. The reactions to these events at a national level have been extensively covered, whereas university students’ have been left relatively in the dark. This paper analyzes Cal Poly reactions and responses to United States foreign policy throughout the decade. …

Free Speech On Public College Campuses, Christopher Gothard

Senior Honors Projects, 2010-2019

The topic of free speech has become increasingly publicized and debated recently. With cases of speech being suppressed coming to light all across the country, it is apparent that there has been a tremendous shift in views on college campuses on the right to free speech. Through trying to balance an inclusive society with the right of all to speak freely, the First Amendment right to free speech and the applicable case law have begun to be inconsistently interpreted, specifically on public college campuses. Whether by imposing security costs on speakers, solely utilizing free speech zones, or allowing the heckler’s …

Decentering The Dictator: ‘In The Time Of The Butterflies’ And The Mirabal Sisters’ Outspoken Challenge, Elise Coombs

English

Julia Alvarez’s portrayal of the Mirabal sisters from In the Time of the Butterflies centers the novel around the sisters’ speech and humanity. This decenters the dictator, a figure who was often central to Latin American dictator novels. The first chapter will provide background on the dictator’s characteristics to demonstrate how the Mirabal sisters’ speech draws attention away from his power. The four times the sisters encounter the dictator Rafael Trujillo in the novel, their speech decenters him because Alvarez emphasizes their experience. In the second chapter, I examine the gaps between each encounter, focusing on Minerva’s speech development towards …

On Blasphemy: Immigrant Muslim Leaders In America, Angela Ewing

Walden Dissertations and Doctoral Studies

Some Muslim immigrants in the United States have difficulty reconciling American free speech rights with the blasphemy component of Islamic law, which often requires death for those who criticize Islam. Little academic literature addresses reconciliation of Islamic beliefs with the Constitutional right to free speech or information on Muslim political participation regarding free speech. Using policy feedback theory as the foundation, the purpose of this phenomenological study was to understand the experiences of Muslim immigrants who practice Islam in a free speech society. Data were collected from a sample of 10 immigrant Muslim imams, scholars, and community leaders in Virginia …

Ncaa Student-Athletes And Defamation: Understanding Plaintiff Classification And First Amendment Protection, Lacey Elizabeth Sanchez

LSU Master's Theses

The National Collegiate Athletic Association is a $871.6 million industry. Well over $700 million of this annual income is generated from the media, giving collegiate athletics a national platform. This brings both opportunities and downfalls to amateur athletes who play NCAA sports and the journalists who report on their sporting events. Conflict often arises on the playing field and can continue off the field. With high profile athletic events aired nation-wide, comments are bound to be made about the athletes involved in the game. Some comments may even rise to the level of defamation. Through an in-depth examination of published …

Trauma And Free Speech In Higher Education: Do Trigger Warnings Threaten First Amendment Rights?, Jordan Doll

Honors Papers

This paper considers the constitutional questions posed by trigger warnings in higher education. Specifically, I look at the relationship between trigger warnings and First Amendment rights. I show that trigger warnings, a hot button issue in academia and the cultural discourse today, are neither exempt from constitutional concerns nor do they automatically violate First Amendment rights.

The Court often interprets the First Amendment’s central goal as promoting the pursuit of truth through the uninhibited free flow of ideas. The Court defines institutes of higher education as crucial spaces to forward this pursuit. Do trigger warnings aide or hinder the pursuit …

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …

Telling Their Own Story: How Student Newspapers Reported Campus Unrest, 1962-1970, Kaylene Dial Armstrong

Dissertations

The work of student journalists often appears as a source in the footnotes when researchers tell the story of perhaps the most significant period in the history of higher education in the United States – the student protest era throughout the 1960s and early 1970s. Yet researchers and historians have ignored the student press itself during this same time period. This dissertation considers how the student reporters and editors did their job during major protests that occurred between 1962 and 1970, and tells not only the story of reporting protest but the individual stories of the student journalists.

The key …

A Progressive Mind : Louis D. Brandeis And The Origins Of Free Speech., Elizabeth Diane Todd

Electronic Theses and Dissertations

This study argues that Associate Supreme Court Justice Louis D. Brandeis played a key role in shaping the jurisprudence of free political speech in the United States. Brandeis's judicial opinions on three freedom of speech cases in the post-World War I era provide the evidence for this argument. This thesis demonstrates how the Espionage and Sedition Acts of World War I allowed Brandeis the opportunity to reflect and rule on the Founding Fathers' meaning of free speech in a political democracy. Chapter I offers a detailed historiography of the Progressive Era and World War I. Chapter II provides a biography …

Speak, And Speak Immediately : The Risen Subpoena, The Executive Branch, And The Reporter's Privilege, Matthew Schafer

LSU Master's Theses

In 1972, Branzburg v. Hayes required the Supreme Court to consider whether the First Amendment to the United States Constitution conferred on journalists a right to quash grand jury subpoenas issued by the government. The Court held in a five-to-four opinion that it did not. Yet, in 2011, a federal district judge found that James Risen, a New York Times reporter, had a First Amendment reporter’s privilege that protected him from having to reveal his source for a book chapter about a secretive CIA operation. This judge is not alone in finding such a privilege in spite of Branzburg; indeed, …

Into The Tangled Web: K-12 Educators, Free Speech Rights, And Social Media, John David Andrews

Theses and Dissertations

Much attention has recently been given to K-12 educators and their use of social media. This quantitative study surveyed a targeted sample (n = 543) of known social media users to learn about K-12 educators’ use of social media, their legal knowledge of the First Amendment as it relates to free speech and education, and their dispositions toward the First Amendment. Survey respondents self-reported levels of social media use, completed a legal knowledge section, and responded to a series of items used to gauge their disposition toward the First Amendment. These were analyzed through various demographic and contextual factors in …

Freedom Of Speech Vs. The Right To Privacy: Problems With The English Super Injunction, Nicci Fillinger

Honors Theses

Free speech. The words of the First Amendment to the Constitution of the United States are close to hearts of Americans, especially journalists. However, not every country has the same amount of freedom granted in the US, and most Americans recognize this. Countries such as China, North Korea, and Libya are notorious for media censorship, but Americans would not typically add England to this list. In recent years, however, cases of media censorship in England that would shock journalists have come to light.

Controversy over censorship results from tension between Article 8 and Article 10 of the European Convention on …

Characteristics Of Contemporary Gag Order Requests In Media Law Reporter Volumes 19 Through 33, Brad Leavitt Clark

Theses and Dissertations

The conflict between the First Amendment and the Sixth Amendment is not new nor is it easily decipherable. Both amendments appear to have absolute priority, yet they appear to conflict (Erickson, 1977). The First Amendment declares unequivocally, "Congress shall make no law...abridging the freedom of speech, or of the press[,]" while the Sixth Amendment states with equal force, "In all criminal prosecutions, the accused shall enjoy the right to a speedy public trial, by an impartial jury of the state and district wherein the crime shall have been committed..." (U.S. Constitution, Amendment I, Amendment VI). Free speech and an unrestricted …

The Catalyst To Harm Standard: Punishing Speech That Facilitates Harm, J. Colin Trisler

LSU Master's Theses

The Catalyst to Harm Standard is a specific standard that sets forth step-by-step criteria for the courts to follow so that they can factually determine if the speech in question falls into the category of protected or unprotected speech. This Standard labels certain speech as “bad” not because of its ideological or social content, but because it is speech that is linked to a definitive social harm that the legislature has the constitutional authority to prevent or punish. This Standard uses three criteria to determine the liability of speech that has allegedly caused harm. In order to meet these requirements, …