Free Speech on America's K–12 and College Campuses

Legal Cases from Barnette to Blaine

Author: Randy Bobbitt

Publisher: Lexington Books

ISBN: 0739186485

Category: Language Arts & Disciplines

Page: 274

View: 2050

This book covers the history of legal cases involving free speech issues on K-12 and college campuses, particularly from 1965 through 2015. It also covers religious issues, speech codes, political correctness, and more recent challenges like hate speech and threats of violence, including those taking place off campus and spread by social media.
Release

Free Speech on Campus

Author: Erwin Chemerinsky,Howard Gillman

Publisher: Yale University Press

ISBN: 0300231865

Category: Political Science

Page: 216

View: 4176

Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry. In this clear and carefully reasoned book, a university chancellor and a law school dean—both constitutional scholars who teach a course in free speech to undergraduates—argue that campuses must provide supportive learning environments for an increasingly diverse student body but can never restrict the expression of ideas. This book provides the background necessary to understanding the importance of free speech on campus and offers clear prescriptions for what colleges can and can’t do when dealing with free speech controversies.
Release

Unlearning Liberty

Campus Censorship and the End of American Debate

Author: Greg Lukianoff

Publisher: Encounter Books

ISBN: 1594037337

Category: Education

Page: 304

View: 6090

For over a generation, shocking cases of censorship at America’s colleges and universities have taught students the wrong lessons about living in a free society. Drawing on a decade of experience battling for freedom of speech on campus, First Amendment lawyer Greg Lukianoff reveals how higher education fails to teach students to become critical thinkers: by stifling open debate, our campuses are supercharging ideological divisions, promoting groupthink, and encouraging an unscholarly certainty about complex issues. Lukianoff walks readers through the life of a modern-day college student, from orientation to the end of freshman year. Through this lens, he describes startling violations of free speech rights: a student in Indiana punished for publicly reading a book, a student in Georgia expelled for a pro-environment collage he posted on Facebook, students at Yale banned from putting an F. Scott Fitzgerald quote on a T shirt, and students across the country corralled into tiny “free speech zones” when they wanted to express their views. But Lukianoff goes further, demonstrating how this culture of censorship is bleeding into the larger society. As he explores public controversies involving Juan Williams, Rush Limbaugh, Bill Maher, Richard Dawkins, Larry Summers—even Dave Barry and Jon Stewart—Lukianoff paints a stark picture of our ability as a nation to discuss important issues rationally. Unlearning Liberty: Campus Censorship and the End of American Debate illuminates how intolerance for dissent and debate on today’s campus threatens the freedom of every citizen and makes us all just a little bit dumber.
Release

Campus Politics

What Everyone Needs to Know

Author: Jonathan Zimmerman

Publisher: Oxford University Press

ISBN: 0190627409

Category: Academic freedom

Page: 160

View: 9718

Universities are usually considered bastions of the free exchange of ideas, but a recent tide of demonstrations across college campuses has called this belief into question, and with serious consequences. Such a wave of protests hasn't been seen since the campus free speech demonstrations of the 1960s, yet this time it is the political Left, rather than the political Right, calling for restrictions on campus speech and freedom. And, as Jonathan Zimmerman suggests, recent campus controversies have pitted free speech against social justice ideals. The language of trauma--and, more generally, of psychology--has come to dominate campus politics, marking another important departure from prior eras. This trend reflects an increased awareness of mental health in American society writ large. But it has also tended to dampen exchange and discussion on our campuses, where faculty and students self-censor for fear of insulting or offending someone else. Or they attack each other in periodic bursts of invective, which run counter to the "civility" promised by new speech and conduct codes. In Campus Politics: What Everyone Needs to Know(r), Jonathan Zimmerman breaks down the dynamics of what is actually driving this recent wave of discontent. After setting recent events in the context of the last half-century of free speech campus movements, Zimmerman looks at the political beliefs of the US professorate and students. He follows this with chapters on political correctness; debates over the contested curriculum; admissions, faculty hires, and affirmative action; policing students; academic freedom and censorship; in loco parentis administration; and the psychology behind demands for "trigger warnings" and "safe spaces." He concludes with the question of how to best balance the goals of social and racial justice with the commitment to free speech.
Release

The Shadow University

The Betrayal of Liberty on America's Campuses

Author: Alan Charles Kors,Harvey Silverglate

Publisher: Simon and Schuster

ISBN: 0684867494

Category: Political Science

Page: 432

View: 1464

Universities once believed themselves to be sacred enclaves, where students and professors could debate the issues of the day and arrive at a better understanding of the human condition. Today, sadly, this ideal of the university is being quietly betrayed from within. Universities still set themselves apart from American society, but now they do so by enforcing their own politically correct worldview through censorship, double standards, and a judicial system without due process. Faculty and students who threaten the prevailing norms may be forced to undergo "thought reform." In a surreptitious aboutface, universities have become the enemy of a free society, and the time has come to hold these institutions to account. The Shadow University is a stinging indictment of the covert system of justice on college campuses, exposing the widespread reliance on kangaroo courts and arbitrary punishment to coerce students and faculty into conformity. Alan Charles Kors and Harvey A. Silverglate, staunch civil libertarians and active defenders of free inquiry on campus, lay bare the totalitarian mindset that undergirds speech codes, conduct codes, and "campus life" bureaucracies, through which a cadre of deans and counselors indoctrinate students and faculty in an ideology that favors group rights over individual rights, sacrificing free speech and academic freedom to spare the sensitivities of currently favored groups. From Maine to California, at public and private universities alike, liberty and fairness are the first casualties as teachers and students find themselves in the dock, presumed guilty until proven innocent and often forbidden to cross-examine their accusers. Kors and Silverglate introduce us to many of those who have firsthand experience of the shadow university, including: The student at the center of the 1993 "Water Buffalo" case at the University of Pennsylvania, who was brought up on charges of racial harassment after calling a group of rowdy students "water buffalo" -- even though the term has no racial connotations. The Catholic residence adviser who was fired for refusing, on grounds of religious conscience, to wear a symbol of gay and lesbian causes. The professor who was investigated for sexual harassment when he disagreed with campus feminists about curriculum issues. The student who was punished for laughing at a statement deemed offensive to others and who was ordered to undergo "sensitivity training" as a result. The Shadow University unmasks a chilling reality for parents who entrust their sons and daughters to the authority of such institutions, for thinking people who recognize that vigorous debate is the only sure path to truth, and for all Americans who realize that when even one citizen is deprived of liberty, we are all diminished.
Release

When the Nazis came to Skokie

freedom for speech we hate

Author: Philippa Strum

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: History

Page: 172

View: 3639

In the Chicago suburb of Skokie, one out of every six Jewish citizens in the late 1970s was a survivor -- or was directly related to a survivor -- of the Holocaust. These victims of terror had resettled in America expecting to lead peaceful lives free from persecution. But their safe haven was shattered when a neo-Nazi group announced its intention to parade there in 1977. Philippa Strum's dramatic retelling of the events in Skokie (and in the courts) shows why the case ignited such enormous controversy and challenged our understanding of and commitment to First Amendment values. The debate was clear-cut: American Nazis claimed the right of free speech while their Jewish "targets" claimed the right to live without intimidation. The town, arguing that the march would assault the sensibilities of its citizens and spark violence, managed to win a court injunction against the marchers. In response, the American Civil Liberties Union took the case and successfully defended the Nazis' right to free speech. Skokie had all the elements of a difficult case: a clash of absolutes, prior restraint of speech, and heated public sentiment. In recreating it, Strum presents a detailed account and analysis of the legal proceedings as well as finely delineated portraits of the protagonists: Frank Collin, National Socialist Party of America leader and the son of a Jewish Holocaust survivor; Skokie community leader Sol Goldstein, a Holocaust survivor who planned a counter demonstration against the Nazis; Skokie mayor Albert Smith, who wanted only to protect his townspeople; and ACLU attorney David Goldberger, caught in the ironic position of being a Jew defending the rights of Nazis against fellow Jews.While the ACLU did win the case, it was a costly victory -- 30,000 of its members left the organization. And in the end, ironically, the Nazis never did march in Skokie. Forcefully argued, Strum's book shows' that freedom of speech must be defended even when the beneficiaries of that defense are far from admirable individuals. It raises both constitutional and moral issues critical to our understanding of free speech and carries important lessons for current controversies over hate speech on college campuses, inviting readers to think more carefully about what the First Amendment really means.
Release

Freedom of Expression in the Marketplace of Ideas

Author: Douglas M. Fraleigh,Joseph S. Tuman

Publisher: SAGE

ISBN: 1452236909

Category: Law

Page: 472

View: 8935

A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the "Marketplace of Ideas" metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored. The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. Features: Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues Sparks student interest in "big picture" issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism. Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions
Release

Freedom of Speech on Campus

Author: Eamon Doyle

Publisher: Greenhaven Publishing LLC

ISBN: 1534503099

Category: Young Adult Nonfiction

Page: 176

View: 4409

Freedom of speech is a fundamental aspect of American democracy, and university campuses have historically been central to the free speech debate through serving as protectors of this constitutional right. In recent years, campuses have returned to the center of this debate as our notion of what kinds of speech are acceptable and how speech should be controlled continues to develop. With the rise of trigger warnings, designated free-speech zones, and controversial speakers being disinvited from lecturing at universities, the question of whether campuses continue to represent the future of free speech or symbolize its repression has become progressively urgent.
Release

The Burger Court and the Rise of the Judicial Right

Author: Michael J. Graetz,Linda Greenhouse

Publisher: Simon and Schuster

ISBN: 1476732515

Category: History

Page: 480

View: 9491

A revelatory look at the Warren Burger Supreme Court finds that it was not moderate or transitional, but conservative—and it shaped today’s constitutional landscape. It is an “important book…a powerful corrective to the standard narrative of the Burger Court” (The New York Times Book Review). When Richard Nixon campaigned for the presidency in 1968 he promised to change the Supreme Court. With four appointments to the court, including Warren E. Burger as the chief justice, he did just that. In 1969, the Burger Court succeeded the famously liberal Warren Court, which had significantly expanded civil liberties and was despised by conservatives across the country. The Burger Court is often described as a “transitional” court between the Warren Court and the Rehnquist and Roberts Courts, a court where little of importance happened. But as this “landmark new book” (The Christian Science Monitor) shows, the Burger Court veered well to the right in such areas as criminal law, race, and corporate power. Authors Graetz and Greenhouse excavate the roots of the most significant Burger Court decisions and in “elegant, illuminating arguments” (The Washington Post) show how their legacy affects us today. “Timely and engaging” (Richmond Times-Dispatch), The Burger Court and the Rise of the Judicial Right draws on the personal papers of the justices as well as other archives to provide “the best kind of legal history: cogent, relevant, and timely” (Publishers Weekly).
Release

Unwanted Advances

Sexual Paranoia Comes to Campus

Author: Laura Kipnis

Publisher: HarperCollins

ISBN: 0062657887

Category: Social Science

Page: 256

View: 3939

From a highly regarded feminist cultural critic and professor comes a polemic arguing that the stifling sense of sexual danger sweeping American campuses doesn’t empower women, it impedes the fight for gender equality. Feminism is broken, argues Laura Kipnis, if anyone thinks the sexual hysteria overtaking American campuses is a sign of gender progress. A committed feminist, Kipnis was surprised to find herself the object of a protest march by student activists at her university for writing an essay about sexual paranoia on campus. Next she was brought up on Title IX complaints for creating a "hostile environment." Defying confidentiality strictures, she wrote a whistleblowing essay about the ensuing seventy-two-day investigation, which propelled her to the center of national debates over free speech, "safe spaces," and the vast federal overreach of Title IX. In the process she uncovered an astonishing netherworld of accused professors and students, campus witch hunts, rigged investigations, and Title IX officers run amuck. Drawing on interviews and internal documents, Unwanted Advances demonstrates the chilling effect of this new sexual McCarthyism on intellectual freedom. Without minimizing the seriousness of campus assault, Kipnis argues for more honesty about the sexual realities and ambivalences hidden behind the notion of "rape culture." Instead, regulation is replacing education, and women’s hard-won right to be treated as consenting adults is being repealed by well-meaning bureaucrats. Unwanted Advances is a risk-taking, often darkly funny interrogation of feminist paternalism, the covert sexual conservatism of hook-up culture, and the institutionalized backlash of holding men alone responsible for mutually drunken sex. It’s not just compulsively readable, it will change the national conversation.
Release

There Is Life After College

What Parents and Students Should Know About Navigating School to Prepare for the Jobs of Tomorrow

Author: Jeffrey J. Selingo

Publisher: HarperCollins

ISBN: 0062388878

Category: Business & Economics

Page: 320

View: 1628

From the bestselling author of College Unbound comes a hopeful, inspiring blueprint to help alleviate parents’ anxiety and prepare their college-educated child to successfully land a good job after graduation. Saddled with thousands of dollars of debt, today’s college students are graduating into an uncertain job market that is leaving them financially dependent on their parents for years to come—a reality that has left moms and dads wondering: What did I pay all that money for? There Is Life After College offers students, parents, and even recent graduates the practical advice and insight they need to jumpstart their careers. Education expert Jeffrey Selingo answers key questions—Why is the transition to post-college life so difficult for many recent graduates? How can graduates market themselves to employers that are reluctant to provide on-the-job training? What can institutions and individuals do to end the current educational and economic stalemate?—and offers a practical step-by-step plan every young professional can follow. From the end of high school through college graduation, he lays out exactly what students need to do to acquire the skills companies want. Full of tips, advice, and insight, this wise, practical guide will help every student, no matter their major or degree, find real employment—and give their parents some peace of mind.
Release

Political Communication

Author: Steven Foster

Publisher: Edinburgh University Press

ISBN: 0748631143

Category: Social Science

Page: 224

View: 5281

This introduction to the study of political communication covers the following subjects:*The history of the media in the UK and the USA including the concentration of ownership and the emergence of new media technologies*The relationship between the media and political parties, especially the effect the media has had on the policies and internal power structures of parties and other organisations such as pressure groups*Media influence on the electorate and the conduct of democratic politics*The constitutional significance of the politics of the mediaThe first part of the book focuses on the social context and includes detailed analysis of the processes of political communication today, as well as the impact of these on parties, pressure groups and government. Developments in the US are considered alongside those in the UK. The second part places media politics in their constitutional context, covering issues such as open government and freedom of expression, freedom of information, privacy and human rights. Attempts by the governments of the UK and the US to manipulate and control the media are also explored.
Release

Free Speech in the College Community

Author: Robert M. O'Neil

Publisher: Indiana University Press

ISBN: 9780253113368

Category: Education

Page: 280

View: 8396

"This is an engaging and highly readable discussion of the intricacies of First Amendment jurisprudence as it is applied to the college campus." -- The Law and Politics Book Review "Lucidly written, the book can be read and understood by many audiences from student organizations to board members.... Essential for all college and university libraries." -- Choice "A pragmatic, libertarian-minded, and well-informed legal handbook for the First Amendment on campus..." -- Kirkus Reviews "... the most comprehensive and thorough examination of campus speech available today." -- Harvard Educational Review "Bob O'Neil has produced the seminal work on First Amendment freedoms on our university campuses. He has brought scolarship, clear thinking and clean prose to a book of critical importance to all of us." -- Bruce W. Sanford "Robert O'Neil has long been one of the brightest stars in the complex and controversial arena of freedom of expression. And he has never shined brighter and with more incisive clarity than with his new work, Free Speech in the College Community." -- Richar A. Roth, Trustee of the Thomas Jefferson Center for the Protection of Freedom of Expression "This is the first integrated discussion of the fascinating free speech issues that pertain to teachers and students. It is an unusually informative, vivid and balanced treatment and an absolute must read for all academics and students." -- Norman Dorsen, former president of the American Civil Liberties Union "Free Speech in the College Community is a very timely book written by a dedicated scholar of the First Amendment. Challenging and readable it should be studied by all academicians, students, legislators and lawyers." -- Nancy Kassebaum Baker, United States Senator (retired) All of today's "hot-button" issues are dealt with in this timely book, from Holocaust denial to claims of racial determination of intelligence to hate speech. Former college president Robert O'Neil dramatically illustrates the many types of problems that confront university administrators, frequently using representative fictional characters and discourse to present the situations. Free Speech in the College Community illustrates the many problems that now confront universities by questioning whether or not speech on campus should be freer than speech on the streets. Join the Web debate about free speech on campus: http://www.indiana.edu/~iupress/freespeech
Release

Education's End

Why Our Colleges and Universities Have Given Up on the Meaning of Life

Author: Anthony T. Kronman

Publisher: Yale University Press

ISBN: 0300138164

Category: Education

Page: 308

View: 6438

This book describes the ever-escalating dangers to which Jewish refugees and recent immigrants were subjected in France and Italy as the Holocaust marched forward. Susan Zuccotti uncovers a gruelling yet complex history of suffering and resilience through historical documents and personal testimonies from members of nine central and eastern European Jewish families, displaced to France in the opening years of the Second World War. The chronicle of their lives reveals clearly that these Jewish families experienced persecution of far greater intensity than citizen Jews or longtime resident immigrants. The odyssey of the nine families took them from hostile Vichy France to the Alpine village of Saint-Martin-Vesubie and on to Italy, where German soldiers rather than hoped-for Allied troops awaited. Those who crossed over to Italy were either deported to Auschwitz or forced to scatter in desperate flight. Zuccotti brings to light the agonies of the refugees' unstable lives, the evolution of French policies toward Jews, the reasons behind the flight from the relative idyll of Saint-Martin-Vesubie, and the choices that confronted those who arrived in Italy. Powerful archival evidence frames this history, while firsthand reports underscore the human cost of the nightmarish years of persecution.
Release

The Rise of Victimhood Culture

Microaggressions, Safe Spaces, and the New Culture Wars

Author: Bradley Campbell,Jason Manning

Publisher: Springer

ISBN: 3319703293

Category: Social Science

Page: 278

View: 2542

The Rise of Victimhood Culture offers a framework for understanding recent moral conflicts at U.S. universities, which have bled into society at large. These are not the familiar clashes between liberals and conservatives or the religious and the secular: instead, they are clashes between a new moral culture—victimhood culture—and a more traditional culture of dignity. Even as students increasingly demand trigger warnings and “safe spaces,” many young people are quick to police the words and deeds of others, who in turn claim that political correctness has run amok. Interestingly, members of both camps often consider themselves victims of the other. In tracking the rise of victimhood culture, Bradley Campbell and Jason Manning help to decode an often dizzying cultural milieu, from campus riots over conservative speakers and debates around free speech to the election of Donald Trump.
Release

Educational Assessment

Tests and Measurements in the Age of Accountability

Author: Robert J. Wright

Publisher: SAGE

ISBN: 1412949173

Category: Education

Page: 563

View: 525

Educational Tests and Measurements in the Age of Accountability is a core text for use in a first level graduate course in educational measurement and testing. In addition to covering the topics traditionally found in core textbooks for this course, this text also provides coverage of contemporary topics (including national testing programs, international achievement comparisons, the value added assessment of schools and teachers, and the public policy debate on selective admissions vs. affirmative minority enrollment).
Release

Free Speech on Campus

Author: Sigal R. Ben-Porath

Publisher: University of Pennsylvania Press

ISBN: 0812294920

Category: Political Science

Page: 136

View: 8542

From the University of California, Berkeley, to Middlebury College, institutions of higher learning increasingly find themselves on the front lines of cultural and political battles over free speech. Repeatedly, students, faculty, administrators, and politically polarizing invited guests square off against one another, assuming contrary positions on the limits of thought and expression, respect for differences, the boundaries of toleration, and protection from harm. In Free Speech on Campus, political philosopher Sigal Ben-Porath examines the current state of the arguments, using real-world examples to explore the contexts in which conflicts erupt, as well as to assess the place of identity politics and concern with safety and dignity within them. She offers a useful framework for thinking about free-speech controversies both inside and outside the college classroom, shifting the focus away from disputes about legality and harm and toward democracy and inclusion. Ben-Porath provides readers with strategies to de-escalate tensions and negotiate highly charged debates surrounding trigger warnings, safe spaces, and speech that verges on hate. Everyone with a stake in campus controversies—professors, students, administrators, and informed members of the wider public—will find something valuable in Ben-Porath's illuminating discussion of these crucially important issues.
Release

True Gentlemen

The Broken Pledge of America's Fraternities

Author: John Hechinger

Publisher: PublicAffairs

ISBN: 1610396839

Category: Social Science

Page: 320

View: 4645

College fraternity culture has never been more embattled. Once a mainstay of campus life, fraternities are now subject to withering criticism for reinforcing white male privilege and undermining the lasting social and economic value of a college education. No fraternity embodies this problem more than Sigma Alpha Epsilon, a national organization with more than 15,000 undergraduate brothers spread over 230 chapters nationwide. While SAE enrollment is still strong, it has been pilloried for what John Hechinger calls "the unholy trinity of fraternity life": racism, deadly drinking, and misogyny. Hazing rituals have killed ten undergraduates in its chapters since 2005, and, in 2015, a video of a racist chant breaking out among its Oklahoma University members went viral. That same year, SAE was singled out by a documentary on campus rape, The Hunting Ground. Yet despite these problems and others, SAE remains a large institution with strong ties to Wall Street and significant political reach. In True Gentlemen, Hechinger embarks on a deep investigation of SAE and fraternity culture generally, exposing the vast gulf between its founding ideals and the realities of its impact on colleges and the world at large. He shows how national fraternities are reacting to a slowly dawning new reality, and asks what the rest of us should do about it. Should we ban them outright, or will they only be driven underground? Can an institution this broken be saved? With rare access and skillful storytelling, Hechinger draws a fascinating and necessary portrait of an institution in deep need of reform, and makes a case for how it can happen.
Release

The Free Speech Debate

Author: Justin Healey

Publisher: N.A

ISBN: 9781925339406

Category: Democracy

Page: 60

View: 9715

Freedom of expression and tolerance are considered core features of our democracy. Free speech was at the centre of a recent controversial debate in federal politics regarding changes to section 18C of the Racial Discrimination Act to remove the words "offend, insult, humiliate" from section 18C, and replace them with the word "harass". The rewording proposed by a number of conservative politicians was voted down by the Senate, but the government emerged with changes to the complaint-handling process by the Australian Human Rights Commission, making it easier to dismiss vexatious complaints and require greater transparency toward defendants. How is free speech justified in Australia, and what laws are in place to protect people from defamation and discrimination such as racial vilification? Which speech deserves special protections; should some speech acts be punished? When does the right to freedom of expression become a right to offend? Is free speech at risk in Australia, or is the balance right'.
Release

Media Law

Author: Eric Barendt

Publisher: NYU Press

ISBN: 9780814712153

Category: Law

Page: 304

View: 4197

This crucial volume focusing on free speech, media, and law confronts complicated issues that are of interest not only to media law scholars, but to anyone concerned with the First Amendment. It questions whether freedom of speech is identical to freedom of the press and explores why the law restrains free speech for broadcast media but not for traditional print media. In dealing with the often opposing ideals of the rights of the media versus the rights of the individual, this volume tackles difficult legal and social questions of the day.
Release