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Stevens, George E. – Journal of Law and Education, 1974
The United States Supreme Court has established the "actual malice" rule for libel suits brought by public officials, public figures, and private citizens involved in matters of public or general concern. To recover damages, such plaintiffs must plead and prove that a defamatory statement of fact or opinion was made with actual malice,…
Descriptors: Court Litigation, Freedom of Speech, Legal Responsibility, School Law
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Gibbs, Annette; Crisp, Grayland – Journal of Law and Education, 1979
It is unlikely that the courts will deny universities the right to require mandatory student fees for educational purposes if the criteria for determining and distributing the funds do not exceed statutory purposes, are not arbitrary or capricious, are nondiscriminatory, and do not promote or impose one particular viewpoint. (Author/IRT)
Descriptors: College Students, Court Litigation, Fees, Freedom of Speech
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Stevens, George E. – Journal of Law and Education, 1979
Courts have tended to strictly follow the guidelines set forth in "Pickering" for harmonizing an educator's freedom of expression with a school's interest in efficiency. (Author)
Descriptors: Court Litigation, Elementary Secondary Education, Freedom of Speech, Higher Education
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Crewdson, Robert L. – Journal of Law and Education, 1987
Evaluates Equal Access Act of 1984 (prohibits denial of equal access to political, religious, and philosophical groups in secondary schools with limited open forums). Includes discussion of free speech, establishment clause, and implementation and effect of the act (some states ignore it, some courts uphold it, and there is no indication of how…
Descriptors: Court Litigation, Freedom of Speech, Secondary Education, State Church Separation
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Cole, Michael T. – Journal of Law and Education, 1973
Examines the question of exactly what a teacher can teach in the public schools of the United States. The article explores the constitutional rights of both teachers and their students. Although these two categories are very closely related and in many instances almost inseparable, an attempt is made to look at the rights of each as they affect…
Descriptors: Academic Freedom, Civil Rights, Court Litigation, Freedom of Speech
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Nichols, John E. – Journal of Law and Education, 1981
Cites court cases differentiating between obscenity and vulgarity and defining conditions justifying regulation. Discusses the applicability of these opinions to student publications. (MLF)
Descriptors: Censorship, Court Litigation, Freedom of Speech, Higher Education
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Journal of Law and Education, 1987
Outlines the case of "Bethel School District N. 403 v. Fraser" in which the Supreme Court overturned the lower court decisions and recognized that schools have an interest in protecting minors from exposure to vulgar and offensive spoken language. Students can be punished for going beyond the bounds of socially appropriate behavior. (MD)
Descriptors: Censorship, Discipline, Elementary Secondary Education, Freedom of Speech
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Eades, Ronald W. – Journal of Law and Education, 1986
Discusses the issues of invasion of privacy in the relationship between school counselors and students and the potentiality for litigation (including defamation suits) when privacy is breached. (MD)
Descriptors: Court Litigation, Elementary Secondary Education, Freedom of Speech, Privacy
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Yudof, Mark G. – Journal of Law and Education, 1974
Examines Texas legislation and court cases as well as federal court cases to determine the extent to which students should be afforded constitutional guarantees. (JF)
Descriptors: Court Litigation, Discipline, Elementary Schools, Freedom of Speech
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Catron, J. Gregory – Journal of Law and Education, 1987
Reviews past history of access of religious activities in public schools in relation to the establishment clause of the First Amendment and sets forth the prerequisites in the Equal Access Act of 1984 for creating a well-defined forum for student-initiated free speech including religious groups in public high schools. (MD)
Descriptors: Court Litigation, Federal Legislation, Freedom of Speech, Secondary Education
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Diamond, Priscilla – Journal of Law and Education, 1979
Difficulties in applying the reasonable forecast standard to physical disruption dims in comparison to the problem of forecasting psychological disturbance. The "Trachtman" case represents a deep bow to the wisdom of school officials' conclusions that harm would result from giving students a questionnaire on sexuality. (Author/IRT)
Descriptors: Civil Liberties, Court Litigation, Freedom of Speech, Questionnaires
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Khan, Anwar N. – Journal of Law and Education, 1997
Earlier, the Supreme Court of Canada upheld the conviction of a teacher who, within his teaching, was propagating anti-Jewish sentiments. Now, in "Attis v. The Board of School Trustees District No. 15," the Supreme Court decided that a teacher's off-duty activities, which propagate extreme or virulent views against a religious or ethnic…
Descriptors: Court Litigation, Federal Courts, Foreign Countries, Freedom of Speech
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Stewart, Malcolm – Journal of Law and Education, 1989
Focuses First Amendment claims within the public schools: (1) claims of students to free expression; (2) right of students to receive information; (3) right of teachers to use materials and teaching methods of choice; and (4) right of parents to have their children exempted from assertedly objectionable materials. (MLF)
Descriptors: Community Characteristics, Court Litigation, Elementary Secondary Education, Freedom of Speech
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Ashe, Bernard F.; DeWolf, Gerard John – Journal of Law and Education, 1974
The law regarding constitutional rights of teachers and public employees has changed to strengthen due process procedures. Court decisions are cited. (DW)
Descriptors: Civil Rights, Court Litigation, Due Process, Equal Protection
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Glasser, Ira; Levine, Alan H. – Journal of Law and Education, 1972
Descriptors: Court Litigation, Discipline, Due Process, Freedom of Speech
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