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Full-Text Articles in Education

Freedom Of Speech At Ursinus College, Benjamin Henwood Jul 2021

Freedom Of Speech At Ursinus College, Benjamin Henwood

Business and Economics Summer Fellows

Freedom of speech is a hot topic issue on many college campuses across the United States. My research project’s goal is to find out how our community at Ursinus College feels about freedom of speech. My project is going to explore how well Ursinus holds itself to its standards of free and open inquiry and how the students on campus feel about free and open inquiry. In order to understand how the community feels about free speech on our campus, we borrowed a survey from the Foundation of Individual Rights in Education and distributed it to roughly half of ...


Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison May 2021

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 Mar 2021

Self-Determination In American Discourse: The Supreme Court’S Historical Indoctrination Of Free Speech And Expression, Jarred Williams

Honors Theses, University of Nebraska-Lincoln

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 ...


Schools: A Place Where Freedom Of Speech Ceases To Exist, Samira Hossain Jan 2021

Schools: A Place Where Freedom Of Speech Ceases To Exist, Samira Hossain

Emerging Writers

This short essay argues that public schools should not limit students' freedom of speech.


Rescinding Admission Offers In Higher Education: The Clash Between Free Speech And Institutional Academic Freedom When Prospective Students' Racist Posts Are Exposed, Clay Calvert Jan 2020

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 ...


Cyberbullying: School Administrators' Perceptions Of Law And Prevalence, And Their Roles In Prevention, Intervention And Discipline, Suzan Gragg Denby Jan 2020

Cyberbullying: School Administrators' Perceptions Of Law And Prevalence, And Their Roles In Prevention, Intervention And Discipline, Suzan Gragg Denby

Theses and Dissertations

This study was aimed at investigating secondary school administrators’ experiences with and their perceptions of cyberbullying, as well as their intervention and prevention procedures. As technology has become ubiquitous in our society, students’ use has increased and impacted the school environment. Given the potential for cyberbullying and the negative effects of such, schools harbor the responsibility to prevent and intervene in such occurrences. This can be a tricky process.

This study included 12 administrators of secondary schools across eight school divisions in Virginia. Through an interview process, administrators spoke of their experiences with technology and cyberbullying incidents, and how they ...


Political Activist + Public Servant?, Sharon Murchie Nov 2019

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.


Constitutional Moral Hazard And Campus Speech, Jamal Greene Oct 2019

Constitutional Moral Hazard And Campus Speech, Jamal Greene

William & Mary Law Review

One underappreciated cost of constitutional rights enforcement is moral hazard. In economics, moral hazard refers to the increased propensity of insured individuals to engage in costly behavior. This Essay concerns what I call “constitutional moral hazard,” defined as the use of constitutional rights (or their conspicuous absence) to shield potentially destructive behavior from moral or pragmatic assessment. What I have in mind here is not simply the risk that people will make poor decisions when they have a right to do so, but that people may, at times, make poor decisions because they have a right. Moral hazard is not ...


Erecting A Virtual Schoolhouse Gate, Maryam Ahranjani Mar 2019

Erecting A Virtual Schoolhouse Gate, Maryam Ahranjani

Faculty Book Display Case

The very first amendment to the United States Constitution protects the freedom of speech. While the Supreme Court held in 1969 that students “do not shed their constitutional rights at the schoolhouse gate,” since then the Court has limited students' freedom of speech, stopping short of considering the boundaries of off-campus, online speech. Lower court holdings vary, meaning that a student engaging in certain online speech may not be punished at all in one state but would face harsh criminal punishments in another. The lack of a uniform standard leads to dangerously inconsistent punishments and poses the ultimate threat to ...


"Tinkering" With Student Rights: School Walkouts And The Implications Of Discipline Practice And Policy On Students' Right To Protest, Hannah Weissler Jan 2019

"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 ...


Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier Nov 2018

Taking A Day Off To Pray: Closing Schools For Religious Observance In Increasingly Diverse Schools, Ann E. Blankenship-Knox, Brett A. Geier

Brigham Young University Education and Law Journal

No abstract provided.


Challenging Calls For Civility, Reshmi Dutt-Ballerstadt Oct 2018

Challenging Calls For Civility, Reshmi Dutt-Ballerstadt

Faculty Publications

In conjunction with her article "When Free Speech Disrupts Diversity Initiatives: What We Value and What We Do Not," Reshmi Dutt-Ballerstadt writes about civility codes and free speech for Academe Blog.


We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro May 2018

We’Ve Come A Long Way (Baby)! Or Have We? Evolving Intellectual Freedom Issues In The Us And Florida, L. Bryan Cooper, A.D. Beman-Cavallaro

Works of the FIU Libraries

This paper analyzes a shifting landscape of intellectual freedom (IF) in and outside Florida for children, adolescents, teens and adults. National ideals stand in tension with local and state developments, as new threats are visible in historical, legal, and technological context. Examples include doctrinal shifts, legislative bills, electronic surveillance and recent attempts to censor books, classroom texts, and reading lists.

Privacy rights for minors in Florida are increasingly unstable. New assertions of parental rights are part of a larger conservative animus. Proponents of IF can identify a lessening of ideals and standards that began after doctrinal fruition in the 1960s ...


Defending University Speech Codes: An Essay On Why Universities Speech Codes Make Sense, Daniel Alexander Schultz Apr 2018

Defending University Speech Codes: An Essay On Why Universities Speech Codes Make Sense, Daniel Alexander Schultz

Honor Scholar Theses

No abstract provided.


When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt Jan 2018

When Free Speech Disrupts Diversity Initiatives: What We Value And What We Do Not, Reshmi Dutt-Ballerstadt

Faculty Publications

In this essay, I argue that the debate on free speech as pushed by the conservative right is a strategic apparatus to undermine the various diversity initiatives on college and university campuses. While supporters of the right wing extremists around the globe have pushed for various modes of exclusions (social, racial, ethnic, cultural, religious and sexual), here in the United States, such exclusions are most evident in the collapse of academic freedom and the rise of civility codes as students and educators use the platform of free speech to promote various forms of injustices and exclusions. Our neoliberal college and ...


An Examination Of The Instruction Of Religion Clause Issues In Massachusetts Teacher Education Programs, Matthew E. Henry Nov 2017

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 ...


Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo Mar 2017

Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo

Charles J. Russo

As expansive as the Supreme Court’s view of the First Amendment religion clauses has been, its jurisprudence has demonstrated that its rulings do not always achieve the outcomes desired by proponents of religious freedom.3 From the perspective of supporters of religious freedom, this realization lends credence to the preceding wry comment by Justice Scalia. This article details the Court’s inconsistent treatment of Christianity, and people of faith broadly, especially in educational settings. These inconsistent judicial outcomes run the risk of increasingly marginalizing matters of faith and conscience in the public square.4 As discussed in this article ...


Teacher Blogging Redux: Post With Caution, Charles J. Russo, Marcus Heath Feb 2016

Teacher Blogging Redux: Post With Caution, Charles J. Russo, Marcus Heath

Educational Leadership Faculty Publications

In the December 2014 issue of School Business Affairs, this column (Russo 2014) addressed a case from Pennsylvania, Munroe v. Central Bucks School District (2014), that explored the free speech rights of public school teachers who blog on the Internet.

In Munroe, a school board in Pennsylvania dismissed a tenured high school teacher who posted controversial, derogatory remarks about her students and others on her personal blog. The Third Circuit subsequently affirmed that insofar as the blog entries were disruptive to school operations, the teacher’s dismissal did not violate the First Amendment (Munroe 2015).

Munroe highlights the need for ...


The Amplified Need For Supreme Court Guidance On Student Speech Rights In The Digital Age, William Calve Jan 2016

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 Dec 2015

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 ...


Academic Duty And Academic Freedom, Amy Gadja Dec 2015

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 Influence Of Setting On Supreme Court Religious Expression Decisions, Joseph J. Hemmer Jr. Nov 2015

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 ...


"Friending" Students On Social Media, Charles J. Russo Mar 2015

"Friending" Students On Social Media, Charles J. Russo

Educational Leadership Faculty Publications

The use of social media, particularly services such as Facebook and Twitter, has grown exponentially in recent years. Yet to date, relatively little litigation has arisen around the issue of teachers and other educators engaging in questionable or inappropriate use of social media when communicating with students. Even so, parental complaints do arise when teachers share inappropriate communications with students through social media. Consequently, as social networking continues to increase, school business officials and other education leaders should devise policies to help deal with this growing trend.

Given the widespread use of social media, this column examines emerging legal questions ...


“Fire Away”: I Have No Right To Not Be Insulted, David Barnhizer Jan 2015

“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 ...


Website Blocked: Filtering Technology In Schools And School Libraries, Jennifer M. Overaa Dec 2014

Website Blocked: Filtering Technology In Schools And School Libraries, Jennifer M. Overaa

School of Information Student Research Journal

This paper investigates the impact of filtering software in K-12 schools and school libraries. The Children's Internet Protection Act, or CIPA, requires that public schools and school libraries use filtering technology in order to receive discounted rates on technology. As a result, nearly all public elementary and secondary schools today use filtering technology. While the provisions of CIPA narrowly define the content to be blocked, filters are often set to block much more than is required. Filtering technology is often ineffective, and many unobjectionable sites end up being blocked, including Web 2.0 sites and tools needed to educate ...


Beware: Teachers Who Blog, Charles J. Russo Dec 2014

Beware: Teachers Who Blog, Charles J. Russo

Educational Leadership Faculty Publications

A recent case from Pennsylvania, Munroe v. Central Bucks School District (2014), raises fresh questions about the free speech and expression rights of public school teachers as they use the Internet. In Munroe, when a board terminated a high school teacher’s employment for making controversial postings about her students and colleagues on her personal blog—postings that proved disruptive—a federal trial court rejected the educator’s claim that she was dismissed in retaliation for exercising her right to free speech.

Before reviewing the facts and judicial opinion in Munroe, it is worth noting that blogs (a term coined ...


When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming Jan 2014

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 ...


Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders Jun 2013

Affirmative Action And Academic Freedom: Why The Supreme Court Should Continue Deferring To Faculty Judgments About The Value Of Educational Diversity, Steve Sanders

Indiana Journal of Law and Social Equality

No abstract provided.


Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo Jan 2013

Religious Freedom In The United States: ‘When You Come To A Fork In The Road, Take It', Charles J. Russo

Educational Leadership Faculty Publications

As expansive as the Supreme Court’s view of the First Amendment religion clauses has been, its jurisprudence has demonstrated that its rulings do not always achieve the outcomes desired by proponents of religious freedom.3 From the perspective of supporters of religious freedom, this realization lends credence to the preceding wry comment by Justice Scalia. This article details the Court’s inconsistent treatment of Christianity, and people of faith broadly, especially in educational settings. These inconsistent judicial outcomes run the risk of increasingly marginalizing matters of faith and conscience in the public square.4 As discussed in this article ...


Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii Dec 2012

Morse V. Frederick: Tinkering With School Speech: Can Five Years Of Inconsistent Interpretation Yield A Hybrid Content—Effects-Based Approach To School Speech As A Tool For The Prevention Of School Violence?, Ronald C. Schoedel Iii

BYU Law Review

No abstract provided.