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Valente, William D. – West's Education Law Reporter, 1988
The milestone decision ("Tinker v. Des Moines Independent Community School District") limiting school authorities' restraints on student speech, does not apply to curriculum-related newspaper. In "Hazelwood School District v. Kuhlmeier (1988), the Supreme Court upheld as constitutional the principal's censorship of a high school…
Descriptors: Freedom of Speech, Public Schools, School Newspapers, Secondary Education
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Sacken, Donal M. – West's Education Law Reporter, 1990
Academic freedom is invoked as both an individual freedom and an institutional bulwark. "Parate v. Isibor," recently decided by the Sixth Circuit, illustrates many of the problems that the concept causes litigants and courts. The unfortunate compromise resolution trivializes the principles ostensibly protected by academic freedom. (MLF)
Descriptors: Academic Freedom, Court Litigation, Faculty College Relationship, Federal Courts
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Brown, Valerie L. – West's Education Law Reporter, 1989
The United States Supreme Court has agreed to hear a case involving three competing interests--the university, students, and commercial vendors. Examines lower court decisions in the case along with other jurisdictions that have specifically addressed the issues of commercial solicitation on campuses. (MLF)
Descriptors: Business, College Housing, College Students, Court Litigation
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Jurenas, Albert C.; Zhang, Chunsheng – West's Education Law Reporter, 1990
Faculty who criticize their academic employers have attempted to expand the doctrine of academic freedom to insulate themselves from institutional retribution. Examination of a number of court decisions discloses that most faculty lose their challenges. Advises faculty to examine their claims and personal vulnerability before bringing suit. (MLF)
Descriptors: Academic Freedom, College Faculty, Court Litigation, Faculty College Relationship
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Bjorklun, Eugene C. – West's Education Law Reporter, 1991
Lower courts have generally held that Bible distribution in public schools violates the Establishment Clause. More recent litigation has focused on distribution of religious literature other than Bibles. Examines the background of the issue, considers the most recent court decisions, and discusses the implications of these decisions. (57…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
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Shoop, Robert J. – West's Education Law Reporter, 1990
The "Hazelwood" decision has moved the argument about student rights of freedom of expression from the courthouse to the statehouse. A growing list of states have considered legislation to restore students' rights, and a number of local school boards are also reaffirming the value of a free student press. (MLF)
Descriptors: Censorship, Court Litigation, Court Role, Federal Courts
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Vile, John R. – West's Education Law Reporter, 1989
Summarizes court cases bearing on religion in the school setting and the use of the three-part "Lemon" test in Establishment Clause cases; and examines a Louisiana District Court decision that affirmed the action of a school principal prohibiting a religiously oriented valedictory address. (MLF)
Descriptors: Commencement Ceremonies, Constitutional Law, Court Litigation, Federal Courts
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Hendrickson, Robert M. – West's Education Law Reporter, 1990
Court definitions of faculty First Amendment rights and the relationship of these rights to academic freedom are reviewed in the context of a recent Supreme Court ruling. (28 references) (MLF)
Descriptors: Academic Freedom, Confidential Records, Court Litigation, Faculty Promotion
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Harris, Phillip H. – West's Education Law Reporter, 1991
The Supreme Court, in an upcoming case "Lee v. Weisman," will rule on whether prayer may be offered out loud at a public school graduation program. Argues that past court decisions have interpreted the Establishment Clause of the First Amendment over the Free Speech Clause of that same amendment. (57 references) (MLF)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
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Rossow, Lawrence F.; Rice, Mark G. – West's Education Law Reporter, 1991
In "Mergens," the Supreme Court ruled that the Equal Access Act (EAA) was constitutional and that students at a high school with a "limited open forum" could participate in a prayer club. Traces the history of the case, arguments by the justices, and practical implications of the case for school districts. (66 references) (MLF)
Descriptors: Constitutional Law, Court Litigation, Extracurricular Activities, Federal Courts
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Gray, John; Ciofalo, Andrew – West's Education Law Reporter, 1989
Absent the constitutional rights enjoyed by the student press at state institutions of higher education, the administration at a private institution is legally free to control the content of its student press. Explores a theory that shifts the focus to academic freedom protected by contracts between faculty and institutions. (MLF)
Descriptors: Academic Freedom, Censorship, College Faculty, Constitutional Law
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Walden, John C. – West's Education Law Reporter, 1990
The Ninth Circuit Court of Appeals decision in "Planned Parenthood" supported school officials who refused to publish certain advertisements in school-sponsored newspapers. Contends that school officials' desire to avoid any possible controversy was the underlying motive for the decision to not publish the advertisement. (MLF)
Descriptors: Administrators, Advertising, Censorship, Contraception
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McCarthy, Martha M. – West's Education Law Reporter, 1991
Although the Supreme Court's "Mergens" decision settled the controversy over the constitutionality of the Equal Access Act, the ruling seems to make more ambiguous the definition of a limited open forum for student expression and the legal status of devotional activities. (55 references) (MLF)
Descriptors: Board of Education Policy, Court Litigation, Curriculum, Educational Facilities
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Turner-Egner, Jennifer – West's Education Law Reporter, 1989
Examines two related issues: the right of teachers to select instructional materials and to select instructional methods. Court decisions indicate that materials and methods must have educational value, relevance, and suitability to the age and maturity of the students. Prior administrative approval, while not necessarily required, is beneficial.…
Descriptors: Academic Freedom, Constitutional Law, Court Litigation, Decision Making
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Rasnic, Carol D. – West's Education Law Reporter, 1991
Reviews how plaintiffs who legally challenge tenure denial, citing the legal theories most commonly used, have fared in several such lawsuits. Addresses the Supreme Court's recent pronouncement on the confidentiality issue. (105 references) (MLF)
Descriptors: College Faculty, Confidentiality, Court Litigation, Court Role
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