Spies, Suppression, and Free Speech on Campus

Author(s):  
Robert Cohen

As the student movement spread across America from 1933 to 1935, it encountered strong opposition from college and university administrators. The anti-war demonstrations and strikes, the mass endorsement of the Oxford Pledge, and the rising influence of leftist-led student organizations outraged many of these administrators. This activism seemed so radical and sudden a departure from the political quiescnce of the collegiate past that campus officials often found it intolerable. The initial impulse of many college deans and presidents was to try suppressing this student activism, in a manner quite similar to that previously seen on New York’s campuses during the early days of the NSL. But just as repression had failed to kill New York’s student movement in 1931 — 1932, it would also fail to stop the rapid growth of the movement nationally in the mid-1930s. This was due in large part to the determined free speech fights waged by student activists, who made campus political rights a top priority for their movement. Free speech became a “cause célèbre” on campus because, as former NSL leader Celeste Strack recalled, students found administration acts of suppression politically offensive and personally insulting: . . . While the war and peace issue was becoming big, academic freedom was already a hot issue because no matter what you wanted to talk about you were up against the effort . . . [of] the administration not to give you the right to talk like grown up people about issues. . . . They . . . [would] treat us like children, and that was very deeply resented, [and] . . . this was a very important question. . . . The disrespect of college administrators for student political rights ran deeper, however, than even most movement activists could have guessed; it led these campus officials to infringe upon student civil liberties not only publicly but also covertly. College and university administrators opposed to the student movement became involved in secretly feeding information on student protesters to the Federal Bureau of Investigation (FBI), enabling the Bureau to open dossiers on many of these Depression era campus activists.

2010 ◽  
Vol 7 (5) ◽  
Author(s):  
Homer L. Bates ◽  
Bobby E. Waldrup

Since 1940, when the AAUP formally defined academic freedom (AAUP, 1984), most faculty members believe they have the final authority in assigning course grades to their students.  Faculty members may be surprised that several recent court decisions have concluded that college and university administrators have the right to change grades initially assigned by faculty.  This manuscript examines faculty members’ rights to assign student grades within the context of academic freedom.  Several important recent court decisions on student grading and grade changes are summarized and discussed.  Based on these decisions, recommendations are made for both faculty and college and university administrators regarding the assignment of student grades and the student grade appeals process.


2016 ◽  
pp. 1147-1165
Author(s):  
Bogusław Sygit ◽  
Damian Wąsik

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.


FACETS ◽  
2020 ◽  
Vol 5 (1) ◽  
pp. 887-898
Author(s):  
Colleen M. Flood ◽  
Vanessa MacDonnell ◽  
Bryan Thomas ◽  
Kumanan Wilson

The COVID-19 pandemic has highlighted the challenges governments face in balancing civil liberties against the exigencies of public health amid the chaos of a public health emergency. Current and emerging pandemic response strategies may engage diverse rights grounded in civil liberties, including mobility rights, freedom of assembly, freedom of religion, and the right to liberty and security of the person. As traditionally conceived, the discourses of civil rights and public health rest on opposite assumptions about the burden of proof. In the discourse of civil and political rights of the sort guaranteed under the Canadian Charter of Rights and Freedoms, the onus rests on government to show that any limitation on rights is justified. By contrast, public health discourse centers on the precautionary principle, which holds that intrusive measures may be taken—lockdowns, for example—even in the absence of complete evidence of the benefits of the intervention or of the nature of the risk. In this article, we argue that the two principles are not so oppositional in practice. In testing for proportionality, courts recognize the need to defer to governments on complex policy matters, especially where the interests of vulnerable populations are at stake. For their part, public health experts have incorporated ideas of proportionality in their evolving understanding of the precautionary principle. Synthesizing these perspectives, we emphasize the importance of policy agility in the COVID-19 response, ensuring that measures taken are continually supported by the best evidence and continually recalibrated to avoid unnecessary interference with civil liberties.


Author(s):  
Bogusław Sygit ◽  
Damian Wąsik

The aim of this chapter is describing of the influence of universal human rights and civil liberties on the formation of standards for hospital care. The authors present definition of the right to life and the right to health. Moreover in the section it is discussed modern standards of hospital treatment under the provisions of the International Covenant on Economic, Social and Cultural Rights: availability, accessibility, acceptability and quality. The authors discuss in detail about selected examples realization of human rights in the treatment of hospital and forms of their violation. During the presentation of these issues, the authors analyze a provisions of the International Covenant on Civil and Political Rights and European Convention on the Protection of Human Rights and Fundamental Freedoms and use a number of judgments of the European Court of Human Rights issued in matters concerning human rights abuses in the course of treatment and hospitalization.


Troublemakers ◽  
2019 ◽  
pp. 11-50
Author(s):  
Kathryn Schumaker

This chapter examines how two student free speech cases, Burnside v. Byars and Blackwell v. Issaquena County, emerged out of the 1964 Freedom Summer voter registration campaign in Mississippi in 1964. This chapter argues that the two cases were the result of increased student activism following Freedom Summer and that these two First Amendment cases were the result of conflict over the broader issues of racial discrimination and school segregation in Mississippi. These cases were eventually cited in the U.S. Supreme Court lawsuit Tinker v. Des Moines, which established the constitutional rights of all students and led to increased litigation. This chapter explains how the rationale in these cases focused on whether students were considered disorderly, and it argues that concepts like disorder can be racially coded and therefore affect the perception of student actions differently based on the race of students and the context of the action.


2021 ◽  
Author(s):  
Natalie Carragher

This study explores the online public's reaction to the National Security Agency's surveillance Prism programs in light of the confidential government document leakage to the public on June 7, 2013. Through an in-depth qualitative analysis of top recommended user comments to the news article published in The Guardian describing the technicalities of the Prism program, public perceptions of civil liberties like free speech in new media communication are explored. Overarching themes and salient discourses on the public's understanding of their democratic rights emerged in the analysis. The findings revealed a number of competing views of liberty, and while the majority of the users opposed government surveillance and agreed it was in violation of their rights, further examination revealed a temptation to withdraw from using new media communication susceptible to government surveillance, thereby hindering the Internet's ability to act as a valuable arena for public debate as afforded by new media communication


Author(s):  
Randall W. Brumfield

This chapter outlines the issues associated with free speech and student activism, and how contemporary practices adopted by college and university governing boards facilitate learning environments that protect and promote First Amendment ideals. In order to accomplish this, boards must balance the competing views of student free speech while absorbing a diverse array of public and political pressures. Scrutiny by students, elected officials, and media is increasingly placed on institutions to implement policies accommodating a wide range of stakeholder needs. Governing boards are therefore called on to provide leadership that is responsive to these interests.


2021 ◽  
Author(s):  
Natalie Carragher

This study explores the online public's reaction to the National Security Agency's surveillance Prism programs in light of the confidential government document leakage to the public on June 7, 2013. Through an in-depth qualitative analysis of top recommended user comments to the news article published in The Guardian describing the technicalities of the Prism program, public perceptions of civil liberties like free speech in new media communication are explored. Overarching themes and salient discourses on the public's understanding of their democratic rights emerged in the analysis. The findings revealed a number of competing views of liberty, and while the majority of the users opposed government surveillance and agreed it was in violation of their rights, further examination revealed a temptation to withdraw from using new media communication susceptible to government surveillance, thereby hindering the Internet's ability to act as a valuable arena for public debate as afforded by new media communication


2019 ◽  
Vol 63 (13) ◽  
pp. 1760-1775
Author(s):  
Wendy Leo Moore ◽  
Joyce M. Bell

This article identifies the dominant frame through which university administrators in the United States respond to racist incidents and analyzes that from using the lens of critical race theory (CRT). We argue that the stock response of college and university administrators, which calls for counterspeech as the only appropriate response to racist speech, fails to consider the harmful effects of racist speech on students, staff, and faculty of color. Furthermore, this abstract-liberalist, color-blind approach decontextualizes racist speech from the historical and contemporary reality of structural racism that informs the speech acts and symbols used in these displays. We further use the CRT approach by shifting the perspective from a unilateral focus on protecting the right to racist speech to explore what happens when analysts focus instead on protecting substantively equal access for community members of color. In so doing, we highlight the value of CRT for revealing how white racial framing obscures competing legal and policy norms.


2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.


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