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Sanders, Steve – Chronicle of Higher Education, 2008
A case pending in a federal court of appeals in California may clarify a surprisingly murky question: Do faculty members at public universities enjoy a special privilege to speak freely about institutional matters, or, as far as the First Amendment is concerned, are they just another category of government hirelings? Juan Hong, a professor of…
Descriptors: Federal Courts, Constitutional Law, College Faculty, Public Colleges
Sandmann, Warren – 1998
This paper discusses current court rulings on academic freedom at the college and university level. The paper focuses on three cases: "Hall v. Kutztown," in which the U.S. District Court for the Eastern District of Pennsylvania ruled that Kutztown University violated the free speech rights of a philosophy professor when it rejected him…
Descriptors: Academic Freedom, Civil Rights, Court Litigation, Faculty College Relationship

Burleson, Bruce – Baylor Law Review, 1981
Section 702 of Title VII partially exempts religious educational institutions, allowing them to give employment preference to individuals of a particular religion. The conflict with First Amendment rights of sectarian schools and claims of nonsectarian schools are discussed. (MSE)
Descriptors: Church Related Colleges, College Faculty, Constitutional Law, Employment Practices

Stokes, Jerome W. D. – Journal of Law and Education, 1987
"Kemp v. Ervin" examined the balance between the 1st and 14th amendment rights of untenured faculty at a state university against dismissal for being threatening to the institution. Discusses the implications of the case, which strengthens the hands of teaching professionals concerned with pressure by financial and entertainment…
Descriptors: Academic Freedom, Athletes, Athletics, Court Litigation

Chemerinsky, Erwin – American Behavioral Scientist, 1998
Reviews current court cases pertaining to infringements on academic freedom and considers their relationship to arguments concerning tenure. In particular, raises such issues as how the First Amendment protects the academic freedom of faculty and if there are alternative safeguards. Concludes that eliminating tenure would jeopardize academic…
Descriptors: Academic Freedom, Academic Rank (Professional), Court Litigation, Educational Change
Kellerman, Ed; Cornelius, Luke – 1996
Over the years the Supreme Court has given academic freedom a special First Amendment status. This study reviewed a selected group of recent cases at public universities, focusing particularly on several where rulings were based either on a professor's public comments or in-class verbiage, in an attempt to assess the current status of academic…
Descriptors: Academic Freedom, Beliefs, College Faculty, Compliance (Legal)

Allred, Lisa R. – Journal of College and University Law, 1997
Public university restriction of faculty expression on the institution's World Wide Web server is discussed based on recent Supreme Court decisions. It is proposed that in some circumstances, content-based restriction of faculty expression is permissible and will not violate the First Amendment academic freedom rights of faculty. (MSE)
Descriptors: Academic Freedom, College Administration, College Faculty, Constitutional Law