Students often compare their schools unfavorably to prisons, most often in a tone of rueful irony. By contrast, judicial opinions about freedom of speech within government-run institutions compare schools and prisons without irony or even hesitation. This Article considers whether the analogy between school and prison in free speech cases is evidence that the two institutions share a joint mission. At a macro level, there is an undeniable structural similarity between the constitutional speech rules for schools and prisons. At a micro level, however, there are subtle but significant differences between the two. These arise primarily from the judiciary's belief that differences exist between the purposes of schools and prisons - although, somewhat ominously, the differences appear even m...
§ 29.1 Observations About First Amendment Doctrine Prior to the Modern Era. § 29.1.1 The Original Natural Law Era. § 29.1.2 The Formalist Era. § 29.1.3 The Holmesian Era. § 29.1.4 The Instrumentalist Era. § 29.2 Introduction to the Structure of Free Speech Doctrine in the Modern Era. § 29.3 Government Regulations of Speech versus Regulations of Conduct or pending on Speech to Which Standard First Amendment Doctrine Does Not Apply. § 29.3.1 Governmental Regulations of Speech versus Regulations of Conduct. § 29.3.2 Governmental Regulations of Speech versus Spending on Speech. § 29.4 Content-Based versus Content-Neutral Regulations of Speech in Public Forums or on Private Property. § 29.4.1 The Content-Based versus Content-Neutral Dist...
Introduction II. The First Amendment Does Not Grant Teachers A Constitutionally Protected Right Of Academic Freedom A. Extramural Academic Freedom 1. The Rhetoric of the Post-McCarthy Era 2. Free Speech For Public School Teachers And Students: Pickering And Tinker 3. The Boundaries Of Pickering And Tinker a. Protected Extramural In-Class Speech: The James And Russo Cases b. Unprotected In-School Student And Teacher Curricular Speech: The Hazelwood Case B. Government Speech And Arguments That Beg The Question 1. Educational Policy 2. Unconstitutional Conditions 3. Legitimate Pedagogical Concerns 4. Speech Affecting a Public Concern C. Eliminations On The Government's Curricular Speech 1. Religious Communications in the Curriculum 2. PicoAnd The Book Removal Analogy D. Qualified And Pa...
By Ed Stannard Register Metro Editor and The Associated Press estannard@nhregister.com It is not always right to exercise our rights as American citizens, said local military and religious figures after the U.S. Supreme Court ruled that a virulently anti-gay church may picket at military funerals.
Helping Moderate Muslims By Imam Feisal Abdul Rauf It is customary for Muslims to begin by first invoking the name of the all-merciful and all-compassionate creator, the creator of the heavens and the earth and all that is between them, the God of Abraham, the God of Ishmael and Isaac, the God of Moses and Aaron, the God of Jesus Christ and his mother, Mary, and the God of Mohammed. [...] I'm grateful to our mayor, Michael Bloomberg, and to so many others who have spoken out in favor of our project. Participatory government; freedom of speech; separation of church and state: these were among my earliest lessons in American civic life.
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