Digital Commons Network^™

Where Do We Go From Here? Reconsidering Crowd Management And Control In The Wake Of The George Floyd Era Of Protests., Nicholas Steiger

Master of Arts in Criminal Justice Leadership

This research evaluated police response to protests and considered crowd management and control in the wake of the George Floyd era of protests. The research reviewed the history of crowd management and control and evaluated new methods to increase police legitimacy. It proposed the adoption of the Elaborated Social Identity Model of crowd control and provided agencies with additional recommendations that may increase ethical decision-making. It proposed that forming multi-jurisdictional mobile field force teams for crowd management and control will increase the professionalism of the police and help ensure the rights and safety of those participating in First Amendment activities. …

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 …

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 …

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 …

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 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 …

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 …

More Than Free Speech: Politics, Higher Education, And The First Amendment, Kristina Clement

Educational Policy Studies Dissertations

Despite assertions that the First Amendment is under attack on college campuses in the United States of America, evidence suggests that students today have more freedom to exercise their constitutional rights on campus than at any time in history. Prior to the 1960s, colleges operated within the doctrine of in loco parentis, which significantly limited students from participating in protests or other behaviors deemed inappropriate by faculty or administrators. The end of in loco parentis coincided with an increase in campus activim during the 1960s with students actively involved in the civil rights movement and protests against the Vietnam …

The Intersection Of Free Speech And Abortion: How Federal Courts Are Influencing Doctrine To Further Anti-Abortion Goals, Gina Tan

Political Science

Maintaining the accessibility to abortion has been a longstanding battle. While funding for Crisis Pregnancy Centers is increasing, states are cutting funding for abortion clinics (Ludden, 2015) and they are closing at a rate of 1.5 each week (Redden, 2015). Since Roe v. Wade (1973), hundreds of cases have been brought to challenge its legality and limit it as much as possible. The inability to challenge Roe directly has led many conservative legislators to play abortion politics by proxy, regulating what goes on inside and outside clinics, and the federal courts’ play a pivotal role in reviewing these regulations. During …

"The Thought That We Hate": Regulating Race-Related Speech On College Campuses, Michael Mcgowan

USF Tampa Graduate Theses and Dissertations

In this essay I explore efforts at regulating race-related speech on publicly funded colleges and universities. In the first section, I present the scope of the current debate about the topic: what speech is, contexts in which it is found, etc. In the second section, I present the case for unrestricted speech on campuses for the advancement of knowledge and social progress. The third section addresses standard problem cases for free speech like the non-scientific nature of racist epithets, existential threats to the university, and involuntary exposure to racist speech. The fourth section explores arguments for regulating speech coming from …

There Is No Such Thing As Freedom Of Religion: How Constitutional Law Complicates The Divide Between Church And State, Annah Mae Heckman

Senior Projects Spring 2019

Senior Project submitted to The Division of Social Studies of Bard College.

"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 …

How Courts Analyze Voter Identification Laws Under The First Amendment, Joby Len Richard

LSU Master's Theses

Some scholarship and political experts describe voter ID laws as a form of voter suppression because they make it harder for certain groups of people to vote. First, this thesis considers the historical backdrop of voter discrimination resulting in the passage of the Voting Rights Act of 1965, and subsequent state uses of registration and voter ID laws. Then, this study reviews the theoretical foundation of freedom of expression as developed by Thomas Emerson and individual and social free expression values, including the social value of self-governance explicated by Alexander Meiklejohn. Some scholars also suggest that voter ID laws may …

(Lie)Alectics And The Discursive Dequeerification Of Political Spaces Based On Religious Freedoms: A Critical Rhetorical Analysis Of The Mormon And Gay Website, Myra N. Roberts

Communication ETDs

Over the past decade, sexual orientation and identity has increasingly been added to state and federal anti-discrimination laws, prompting a rhetorical situation by the Christian Right in attempts to exempt themselves from upholding anti-discrimination laws pertaining to sexual identity and orientation. This study analyzes the Mormon and Gay website—a website dedicated to advancing the position of the Mormon Church on issues of non-heterosexuality. Utilizing rhetorical textual analysis, I develop two theoretical frameworks: (lie)alectics and dequeerification to demonstrate how the discourse under examination attempts to appear non-homophobic while maintaining homophobic church doctrine. I argue that this model stands to influence the …

The Understanding Of Absolute Right To Freedom Of Expression In The Case Of Hate Speech, Qinqin Wang

USF Tampa Graduate Theses and Dissertations

The purpose of this paper is to explore whether there is an absolute right to freedom of expression with regard to hate speech, and more specifically, whether tolerance should be exercised toward speech even in circumstances where this speech presents a clear and present danger to the public. The author will use legal research methods to analyze this question. The paper will delve into four major Supreme Court cases in the case of hate speech, as well as the decision by the Virginia Court that allowed the rally in Charlottesville which ended with the death of 32-year old woman. The …

Masterpieces Or Simply Wedding Cakes? Exploring The Boundaries Of Freedom Of Speech Through United States Supreme Court Case Masterpiece Cakeshop V. Colorado Civil Rights Commission, Margaret Mclean Quick

Honors Theses and Capstones

No abstract provided.

Is It A Dragon? No, It's A Salamander. The Supreme Court's Effort To Slay The Partisan Gerrymander, Tim Harris

Honors Theses

The Supreme Court sits on the precipice of undertaking major action to limit the strength and scope of partisan gerrymandering. The Court has never struck down a partisan gerrymander. Although the Court appears to possess the authority to invalidate an unconstitutionally discriminatory districting plan, it has never decided on what indicates unconstitutional discrimination in districting. It has never settled on a workable standard to judge whether or not a specific partisan gerrymander is unconstitutional. In November 2016, a lower court in Wisconsin struck down a partisan gerrymander and put forward what it claims is a workable standard to judge the …

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 …

A Critical Perspective On Scalian-Originalism’S Interpretation Of The First Amendment’S Freedom Of Speech Clause, Shiela M. Hawkins

Masters Theses

Justice Antonin Scalia proudly proclaimed that he was an Originalist, which is the theory that the Constitution should be interpreted in the same manner as those who ratified and drafted the document would have interpreted it. Scalian-Originalism faced several liberal legal critiques that challenged the legitimacy of the method and theory. This manuscript seeks to further the debate regarding Scalian-Originalism’s interpretation of the First Amendment by applying a Critical Legal perspective. The analysis is done in the form of an immanent critique, and examines the legitimacy of Scalian-Originalism’s First Amendment interpretation by the theory’s ability to further equality and democratic …

Speech On College Campuses: Methods, Motives, And Movements, Sam Minter

CMC Senior Theses

Are campus movements concerning free speech—from Berkeley in the 1960s to the campaign against political correctness today—really about speech? Are movements really concerned with civil liberties on campus or are their calls for free speech excited by partisan motives? While free speech movements are never purely driven by civil libertarian concerns, they should not be considered simply partisan either. Campus speech movements have frequently united activists across the ideological spectrum, which suggests that these movements aren’t only sectarian in nature. It also confirms that these movements are in fact about speech, because those advocating for it have a wide range …

Case Study Of The “No On 37” Coalition Against The Deceptive Food Labeling Scheme: Public Relations Strategies & Tactics, Ethically Problematic Communication, And The First Amendment, Eugenia Pia Ferrero

Communication Dissertations

The debate surrounding one’s right to know what is in one’s food has increased in popularity since 2012 when California became the first state to vote on Proposition 37 which would have mandated the labeling of genetically modified organisms. Proposition 37 was defeated due to the public relations campaign mounted by Monsanto and other corporate sponsors of genetically engineered seeds. Utilizing both a visual and written content analysis, this study identified the ethically problematic public relations strategies within the campaign to defeat Proposition 37, while also examining the content to determine whether the strategic communication must be classified as commercial …

The Freedom Of Speech In Public Forums On College Campuses: A Single-Site Case Study On Pushing The Boundaries Of The Freedom Of Speech, Alexander Davidson

Journalism

The purpose of this single-site study is to test how far speech can be pushed before it is no longer protected at the California Polytechnic State University. The purpose isn’t merely to push limitations for the sake of testing boundaries, but it is to see what types of speech truly add to the marketplace of ideas and what types simply do not. The main points of the study are to understand what speech is protected and what speech is not protected on California Polytechnic State University’s campus and to understand how the provocation that comes along with “negative speech” can …

God's Eye News: The Use Of Drones In Journalism, A Documentary Film, Robert Lance Carroll

Theses and Dissertations

This thesis uses the format of documentary film to investigate the aesthetic, legal, and ethical issues surrounding the use of Unmanned Aircraft Systems, commonly known as drones, in journalism. Particularly important are the topics of public perception, safety, freedom of speech, and privacy. Do journalists' First Amendment protections extend to the right to gather images using drones? How will the privacy of citizens be protected against aerial cameras that can go virtually unnoticed? Can drones be safely integrated into the National Airspace System? The goal of the documentary is not necessarily to answer these questions, but to gather opinions from …

Operation Judicial Review: A Comparative Analysis Of The Role Of The Judiciary In Domestic And Foreign Detention And Material Support Cases During The War On Terror, Tyler Mitchell

Honors Capstone Projects - All

The Bush and Obama administrations have pursued a military campaign during the War on Terror in which “the world is a battlefield.” The globalized nature of contemporary warfare has tested the limits of constitutional protections for individuals under the control of the United States government. My distinction thesis focuses on the extension of constitutional rights and, in turn, the maintenance of the separation of powers during the War on Terror. I provide a comparative analysis of the role of the judiciary to reconcile constitutional First Amendment free speech & association and habeus corpus rights with federal executive & legislative counterterrorism …

Student Press Law: Past, Present, And Future, David R. Wheeler

Theses and Dissertations--Communication

This dissertation will identify and describe the state of the law regarding student speech and press freedom. The following questions will be explored: What rights do young people have? What standards have state and federal courts established? To what extent and how clearly have state statutes defined student expressive rights? What do state laws say about this topic? What issues have yet to be addressed, either because a case has not raised certain issues or because the issue does not lend itself to compromise or a clear solution? How does the capacity of social media for widespread and rapid dissemination …

Handcuffing Speech: Federal Fraud Statutes And The Criminalization Of Advertising, Carmen Maye

Theses and Dissertations

The potential criminalization of deceptive advertising implicates the adequacy of regulatory oversight by the Federal Trade Commission (FTC) and the proper balance between the free flow of information and the Government’s role in consumer protection. Is there a need for, and room for, both FTC and Department of Justice (DOJ) oversight on the deceptive advertising front? These issues have ramifications for the courts, who bear the burden of adjudicating challenged applications of that policy, and also for the orderly functioning of government, which must accommodate the convergence of competing interests and divisions of authority.

Many fraudulent schemes are perpetuated without …

Occupy Mall Street? How The Court Conditioned Public Space Where People Go, Anthony Maniscalco

Dissertations, Theses, and Capstone Projects

This thesis explores the tension between practicable space and property rights. That tension has frequently animated legal contests over political expression in privately owned, publicly accessible marketplaces in the United States. Do American marketplaces function as marketplaces of ideas? Should they? In order to examine those questions, I survey the Supreme Court's considerations of expressive activity on public and commercial property, in particular, shopping centers. I begin by developing indications of public space, as well as noting the challenges for civic inclusion within the modern political sphere. Next, I survey historical practices of public space within (Western) marketplaces. Those practices …

Leadership Bias: The Case Of The Cherokee Freedmen, Kristi Barnett Williams

LSU Master's Theses

Journalists inform residents living on or near Native American reservations about key policy issues. Since most tribal councils own and operate their news outlets, retaliation towards journalists working for the tribe is a real concern if the leadership does not appreciate the message. In response to the threat of retaliation, some tribes, like the Cherokee Nation, have legal protections for journalists. The Cherokee Nation’s newspaper, the Cherokee Phoenix, operates under the guidelines of the Cherokee Independent Press Act (CIPA) originally passed in 2000 and amended in 2009. CIPA was the first of its kind in Indian Country. This thesis analyzes …

The Supreme Court, The Establishment Clause, And The First Amendment., William Lorigan 1976-

Electronic Theses and Dissertations

This study examined the faiths of select Founding Fathers, the religious context of their time, and six Supreme Court decisions concerning religion, to highlight the inconsistencies found within the Supreme Court's jurisprudence covering cases concerning religion. Through an examination of the religious practices of the Founding Fathers, it became evident that their views on religion, and how religion should be observed, were as diverse as they were. An examination of the Supreme Court's jurisprudence concerning religion reflects a very confusing and inconsistent application of the First Amendment, including the Court's inability to formulate a test that can be consistently applied …

Opposing Interests: How Wikileaks Forces A Redrawing Of The Battle Lines Between The First Amendment And National Security, Brian Mitchell Perkins

Electronic Theses and Dissertations

The mainstream press and the United States government have found harmony in the still relatively undefined rules regarding the balance between national security and free press. While the government tried a handful of individuals and groups under the Espionage Act in the early 20th century, the press has avoided such trials. Even during the Pentagon Papers case, the government only sought an injunction against publication, which was ultimately not supported by the Supreme Court of the United States. The 21st century presents a new set of challenges for this unwritten peace. Wikileaks may be the proverbial guinea pig in determining …