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Reconciling Self-Censorship: A Qualitative Study Of The Experiences Of University Staff And Administrators, Leigh C. Morales
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 …
Forbidden Forests: Negotiating Censorship In Children's And Young Adult Literature During A New Era Of Conservatism In 2022 And Beyond, Avila Hendricks
Forbidden Forests: Negotiating Censorship In Children's And Young Adult Literature During A New Era Of Conservatism In 2022 And Beyond, Avila Hendricks
Title III Professional Development Reports
Harambee! In Swahili, “Harambee” means “All pull together!” The impetus for this report grew out of a unifying discussion with other 2022 Children's Literature Association (ChLA) conference attendees.These discussions led to the decision to “pull together” against the rise of “extreme” conservatism and the increase of banned books across the United States.
This report offers insight into some of the issues surrounding the increase in censorship in children's and young adult literature. It includes a brief review of the recently scrutinized book, Dear Martin by Nic Stone, and it concludes with some recommendations for negotiating censorship in conservative communities.
The Impact Covid-19 Is Having On Freedom Of Speech And Expression On Campuses: From Issues To Solutions, Renee Marine
The Impact Covid-19 Is Having On Freedom Of Speech And Expression On Campuses: From Issues To Solutions, Renee Marine
Academic Chairpersons Conference Proceedings
At a time of complete uncertainty, one thing remains consistent, the right the American people to freedom of speech and expression. What comes into question, is the cost of expressing that freedom. As stated in the First Amendment (1789):
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for the redress of grievances. (p. 1)
Right now, while millions of people are fighting for their lives, hundreds of thousands …
Administrator Knowledge Of The First Amendment Rights In A School And How To Improve Legal Literacy Through Self-Efficacy, Stuart E. Wrzesinski
Administrator Knowledge Of The First Amendment Rights In A School And How To Improve Legal Literacy Through Self-Efficacy, Stuart E. Wrzesinski
Graduate Research Theses & Dissertations
This dissertation examines the legal literacy of school administrators and the lack of mandated training regarding school law, specific to the First Amendment. With continual changes in education school administrators can function as the change agent for schools through the lens of self-efficacy. This dissertation is organized into three bodies of work. Paper 1 is a review of literature specific to legal literacy and First Amendment rights in schools. Additional research on self-efficacy theory is presented as a potential catalyst for increasing legal literacy in schools. Paper 2 documents data based on survey questions specific to legal literacy within the …
Absolute Publishing Power And Bulletproof Immunity: How Section 230 Shields Internet Service Providers From Liability And Makes It Impossible To Protect Your Reputation Online, Victoria Anderson
Seattle University Law Review SUpra
No abstract provided.
First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein
First Amendment Knowledge And Competence In United States Residents, Cynthia J. Najdowski, Kimberly M. Bernstein
Psychology Faculty Scholarship
Lacking adequate knowledge about one's rights could inhibit the likelihood of exercising one's rights or lead one to unwittingly violate laws that place legitimate limits on these rights. Thus, the present research examines First Amendment knowledge as well as competence to apply this knowledge in relevant circumstances. Results revealed that one-quarter of participants failed a test of objective knowledge on First Amendment rights. Furthermore, participants' belief in their ability varied depending on their level of knowledge, in line with the Dunning–Kruger effect. Participants also failed to transfer their limited objective knowledge to “real-world” situations, exhibiting impaired First Amendment competence. These …
Spirituality In Secular Schools: A Grounded School Counseling Intervention, Alexis P. Joseph
Spirituality In Secular Schools: A Grounded School Counseling Intervention, Alexis P. Joseph
Culminating Experience Projects
The Establishment Clause of the First Amendment, also known more commonly as separation of church and state, is a policy implemented at the federal and state level that schools must strictly adhere to. This means religion can neither be supported nor denied in educational institutions to receive federal and state funding. Due to the intertwining of religion and spirituality, this policy encourages spirituality to be invisible in schools in order to neither support nor reject any one religion. While this policy presents an opportunity for everyone to practice their religion of choice, lack of intentional spiritual development, such as expanding …
Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison
Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison
St. Mary's Law Journal
Abstract forthcoming.
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams
Honors Theses
Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.
The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …
Campus Protests And Competing Marketplaces: A Legal Examination Of Operative Tension Between The Marketplace Of Ideas And The Neoliberal Marketplace, Gillian Patricia Foss
Campus Protests And Competing Marketplaces: A Legal Examination Of Operative Tension Between The Marketplace Of Ideas And The Neoliberal Marketplace, Gillian Patricia Foss
LSU Doctoral Dissertations
This dissertation analyzes the marketplace of ideas analogy, a longstanding force in First Amendment jurisprudence, as it evolves within the same operational contexts as neoliberal economic policy in higher education. To accomplish this, the study focuses on students, the campus population whose activism patterns are distinctively associated with renewed public debate over free speech in university settings. The study combined legal and qualitative research methods to explore a modern campus environment, rife for student dissent, that exists in unresolved tension between the legal underpinnings of the marketplace of ideas analogy and institutional behaviors increasingly linked to neoliberalism. After all: findings …
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams
Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams
Honors Theses
Within the American criminal legal system, it is a well-established practice to presume the innocence of those charged with criminal offenses unless proven guilty beyond a reasonable doubt. Such a judicial framework-like approach, called a legal maxim, is utilized in order to ensure that the law is applied and interpreted in ways that legislative bodies originally intended.
The central aim of this piece in relation to the First Amendment of the United States Constitution is to investigate whether the Supreme Court of the United States has utilized a specific legal maxim within cases that dispute government speech or expression regulation. …
Censorship Concerns In College Media: A Multiple Case Study Analysis On The Silencing Of Student Journalists, Haley Nicole Matlock
Censorship Concerns In College Media: A Multiple Case Study Analysis On The Silencing Of Student Journalists, Haley Nicole Matlock
LSU Doctoral Dissertations
The aim of this qualitative study was to conduct a multiple case study that provides an analysis of censorship concerns at campus newspapers affiliated with public, four-year universities. Eighteen individuals from seven institutions participated in interviews. Interviewees consisted of former and current student journalists and advisers who worked at university publications where allegations of censorship have occurred within the last decade. The Student Press Law Center routinely investigates claims of censorship and provides pro bono legal counsel to student journalists (Zagier, 2011). While courts commonly sided with students in disagreements regarding free speech, Hazelwood v Kuhlmeier (1988) scaled back freedoms …
Rescinding Admission Offers In Higher Education: The Clash Between Free Speech And Institutional Academic Freedom When Prospective Students' Racist Posts Are Exposed, Clay Calvert
UF Law Faculty Publications
This Article examines the tension between a prospective college student's First Amendment freedom of speech and a public university's unenumerated, inchoate right of institutional academic freedom. The friction between these interests was cast in high relief in 2020 when several schools confronted dual issues: (1) whether to rescind offers of admission to individuals who later were discovered to have engaged in offensive speech, and (2) whether revoking admission offers because of odious, hateful messages would violate the constitutional right of free expression. The Article argues that the right of institutional academic freedom-albeit maddeningly amorphous-encompasses a public institution's ability to choose …
Political Activist + Public Servant?, Sharon Murchie
Political Activist + Public Servant?, Sharon Murchie
Language Arts Journal of Michigan
How do we write as political activists while also working as public servants? Do we have freedom of speech as public school teachers? Can—and should—our writing and our speech be censored? How can we write and work for social and political change, when we are charged with remaining apolitical in the classroom? This article outlines the limitations on teachers’ First Amendment Rights and is both a call to action and a call to caution.
"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler
"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler
Scripps Senior Theses
In this study, I examine the extent to which students’ rights to free speech and expression were violated in response to the nationwide school walkouts that took place during the spring of 2018. Students hold the right to political speech and expression under the landmark Supreme Court Case, Tinker v. Des Moines (1969). However, the rights students maintain to participate in protest during school hours is somewhat unclear. Using a two-pronged case study analysis, I explore the question of student rights and potential violations in the face of protest through examining school disciplinary responses alongside disciplinary policy and disciplinary policy …
Workplace Bullying Policies, Higher Education And The First Amendment: Building Bridges Not Walls, Frances L. M. Smith, Crystal Rae Coel
Workplace Bullying Policies, Higher Education And The First Amendment: Building Bridges Not Walls, Frances L. M. Smith, Crystal Rae Coel
Faculty & Staff Research and Creative Activity
The purpose of this article is to demonstrate that higher education institutions should change their Faculty Codes of Conduct to reflect workplace bullying as a form of unacceptable harassment. The article first provides a definition for workplace bullying; secondly, it offers an analysis of how the First Amendment is not an absolute, especially in the workplace; thirdly, it examines the scant legislative and judicial attention that is given to this issue; and finally, an argument is made to show how colleges and universities are not providing clear enough policies and procedures to address workplace bullying. That argument focuses on results …
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
Inseparable: Perspective Of Senator Daniel Webster, Ernest M. Oleksy
The Downtown Review
Considering the hypersensitivity that their nation has towards race relations, it is often ineffable to contemporary Americans as to how anyone could have argued against abolition in the 19th century. However, by taking the perspective of Senator Daniel Webster speaking to an audience of disunionist-abolitionists, proslaveryites, and various shades of moderates, numerous points of contention will be brought to light as to why chattel slavery persisted so long in the U.S. Focal points of dialogue will include the Narrative of Frederick Douglass, the "positive good" claims of Senator John C. Calhoun, the disunionism of William Lloyd Garrison, and the defense …
An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry
An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry
Educational Studies Dissertations
The prevailing research, as well as reported complaints of academic, civic, personal, and social harm, indicates that public school teachers do not exhibit the professional knowledge, skills, and attitudes grounded in the religion clauses of the U.S. Constitution. This study investigated how TEPs in the Commonwealth of Massachusetts document their instruction of preservice teachers on religion clause issues as they apply to grade 6-12 content area pedagogy, curriculum, and professional ethos. The institutional documents presented to preservice teachers were collected from four teacher education programs in the Commonwealth. An evaluation tool— synthesized from the leading scholarship and research on the …
'Fire Away': I Have No Right To Not Be Insulted, David R. Barnhizer
'Fire Away': I Have No Right To Not Be Insulted, David R. Barnhizer
Law Faculty Articles and Essays
Universities are the institutions responsible for advancing our freedom of thought and discourse through the work of independent scholars and the teaching of each generation of students. But for several decades, universities and other educational institutions have increasingly set up rules aimed at protecting individuals and groups from criticism that those individuals and groups consider insensitive, offensive, harassing, intolerant and disrespectful, critical of their core belief systems or threats to their agendas. Even though it has been claimed that disadvantaged interest groups have a right to use one-sided tactics of intolerance against those they consider to be responsible for their …
The Amplified Need For Supreme Court Guidance On Student Speech Rights In The Digital Age, William Calve
The Amplified Need For Supreme Court Guidance On Student Speech Rights In The Digital Age, William Calve
St. Mary's Law Journal
Abstract forthcoming.
The Social Value Of Academic Freedom Defended, J. Peter Byrne
The Social Value Of Academic Freedom Defended, J. Peter Byrne
Indiana Law Journal
In his recent book, Versions of Academic Freedom: From Professionalism to Revolution, Stanley Fish renewed his arguments for an “it’s just a job” account of academic freedom, begun in his 2008 book, Save the World on Your Own Time. He claims that academic freedom consists of nothing more than the conditions necessary to follow the established criteria for scholarship and teaching within each discipline. He complains chiefly against the invocation of academic freedom to protect or glorify political advocacy by academics. There is a lot in Fish’s account to admire and agree with. The appropriate sphere of academic freedom needs …
Academic Duty And Academic Freedom, Amy Gadja
Academic Duty And Academic Freedom, Amy Gadja
Indiana Law Journal
On December 31, 1915, the newly formed American Association of University Professors (AAUP) and its Committee on Academic Freedom and Academic Tenure accepted a set of guidelines designed to shape the organization and its work to protect academics against the termination power of their employer-universities. The “General Declaration of Principles,” drafted by approximately a dozen educators who were called from universities across the country, begins with a decided focus on the rights of individuals within the academy: “The term ‘academic freedom’ has traditionally had two applications,” the language reads at the start, “to the freedom of the teacher and to …
The Regrettable Underenforcement Of Incompetence As Cause To Dismiss Tenured Faculty, David M. Rabban
The Regrettable Underenforcement Of Incompetence As Cause To Dismiss Tenured Faculty, David M. Rabban
Indiana Law Journal
Universities are extremely reluctant to dismiss tenured professors for incompetence. This reluctance compromises the convincing and broadly accepted justification for the protection of academic freedom through tenure set forth in the 1915 Declaration of Principles of the American Association of University Professors (AAUP). After asserting that society benefits from the academic freedom of professors to express their professional views without fear of dismissal, the 1915 Declaration maintained that the grant of permanent tenure following a probationary period of employment protects academic freedom. Yet the 1915 Declaration also stressed that academic freedom does not extend to expression that fails to meet …
The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.
The Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr.
Communication and Theater Association of Minnesota Journal
The First Amendment prohibits any establishment of religion, a dicta that has been applied in an apparently inconsistent manner by the Supreme Court when called upon to evaluate various forms of verbal and nonverbal religious communication. Court decisions have approved religious prayers and displays in government settings. When such exercises and displays were introduced to the public school academic setting, the Court chose to disallow the practice. An examination of judicial opinions reveals that justices recognize three factors inherent to the academic setting which justify the apparently contradictory decisions. Because of the captive nature of the audience, the presence of …
Little Red Herrings:Charlie Hebdo And The Moral Equivalence Fallacy, Mark Y. Herring
Little Red Herrings:Charlie Hebdo And The Moral Equivalence Fallacy, Mark Y. Herring
Winthrop Faculty and Staff Publications
The tragedy of Charlie Hebdo in Paris kicked off what we hope is not a harbinger of 2015 things to come. The massacre by radical Muslims of some dozen employees of the satirical Paris magazine has set off a wave of newfound “freedom of expression” advocates. And so it should. While freedom of expression does not mean that one must accept what another says, it does vouchsafe the right to say it.
“Fire Away”: I Have No Right To Not Be Insulted, David Barnhizer
“Fire Away”: I Have No Right To Not Be Insulted, David Barnhizer
David Barnhizer
In theory, universities are the institutions that are responsible for advancing our freedom of thought and discourse through the work of independent scholars and the teaching of each generation of students. But for several decades, universities and other educational institutions have increasingly set up rules aimed at protecting individuals and groups from criticism that those newly empowered individuals and groups consider insensitive, offensive, harassing, intolerant and disrespectful, or critical of their core belief systems. Even though it has been claimed that disadvantaged interest groups have a right to use one-sided tactics of intolerance against those they consider to be responsible …
Academic Freedom And The First Amendment, Majorie Heins
Academic Freedom And The First Amendment, Majorie Heins
Journal of Collective Bargaining in the Academy
This manuscript highlights many of the Supreme Court cases involving the First Amendment and the origins of academic freedom in the United States.
Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Lidsky
Public Forum 2.1: Public Higher Education Institutions And Social Media, Robert H. Jerry Ii, Lyrissa Lidsky
Faculty Publications
Public colleges and universities increasingly are using Facebook, Second Life, YouTube, Twitter, and other social media communications tools. Yet public colleges and universities are government actors, and their creation and maintenance of social media sites or forums create difficult constitutional and administrative challenges. Our separate experiences, both theoretical and practical, have convinced us of the value of providing guidance for public higher education institutions wishing to engage with their constituents-including prospective, current, and former students and many others-through social media.
Together, we seek to guide public university officials through the complex body of law governing their social media use and …
Into The Tangled Web: K-12 Educators, Free Speech Rights, And Social Media, John David Andrews
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 …
State Of First Amendment' Panel Discussion At Dominican, Sarah Gardner, Dave Albee
State Of First Amendment' Panel Discussion At Dominican, Sarah Gardner, Dave Albee
Press Releases
The panel included first amendment attorneys David Greene and Peter Scheer, KQED newscaster Joshua Johnson, San Francisco Chronicle reporter Bob Egelko, and first amendment advocates Mickey Huff and Steve O’Donoghue.