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Direct linkHerbeck, Dale A. – Communication Education, 2018
Heated battles over free speech have erupted on college campuses across the United States in recent months. Some of the most prominent incidents involve efforts by students to prevent public appearances by speakers espousing controversial viewpoints. Efforts to silence offensive speakers on college campuses are not new; in these endeavors, one can…
Descriptors: Freedom of Speech, School Policy, Social Bias, Social Attitudes
Download full textHerbeck, Dale A. – 1991
Teaching freedom of speech to undergraduates is a difficult task, in part as a result of the challenging history of free expression in the United States. The difficulty is compounded by the need to teach the topic, in contrast to indoctrinating the students in an ideology of free speech. The Bill of Rights, and specifically the First Amendment,…
Descriptors: Censorship, Civil Liberties, Constitutional Law, Court Litigation
Herbeck, Dale A. – 1990
The Bill of Rights contains a set of simple statements about the rights which citizens may claim in disputes with the government. Those who suggest that the First Amendment has always represented a strong commitment to free speech ignore the historical lesson offered by the Sedition Act of 1798. The early American republic maintained careful…
Descriptors: Constitutional History, Constitutional Law, Court Judges, Court Litigation
Herbeck, Dale A. – 1989
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…
Descriptors: Civil Liberties, Constitutional History, Constitutional Law, Court Judges
Herbeck, Dale A.; Katsulas, John P. – 1989
Senate confirmation hearings on President Reagan's nominees for the U. S. Supreme Court raise questions about what these nominations tell about law. The controversy that surrounded the confirmation of the Reagan nominees was a direct result of two competing conceptions of law: legal formalism and legal realism. Legal formalism views law as a…
Descriptors: Constitutional Law, Court Judges, Court Litigation, Government Role
Herbeck, Dale A.; Fishman, Donald – 1990
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…
Descriptors: Constitutional History, Constitutional Law, Court Judges, Court Litigation
