scholarly journals Teacher Speech Inside and Outside of Classrooms in the United States: Understanding the First Amendment

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 88
Author(s):  
Suzanne Eckes ◽  
Charles J. Russo
Keyword(s):  
United States ◽  
Public Schools ◽  
First Amendment ◽  
The United States ◽  
Court Cases ◽  
Legal Context ◽  
Lower Courts ◽  
Public School Educators ◽  
Free Speech Rights ◽  
Do So

Concerns often arise about the First Amendment rights of public school educators in the United States both inside and outside of their classrooms. As such, after setting the legal context, we analyze teachers’ free speech rights in a variety of settings. In order to do so, we discuss illustrative cases analyzing the legal landscape of teachers’ free expressions rights in U.S. public schools. The purpose of this article is to provide a brief overview highlighting Supreme Court cases and selected opinions from lower courts involving teacher speech impact the expressive rights of educators in public schools rather than serve as a comprehensive analysis of all such speech cases.

Lewd, Vulgar, Plainly-Offensive, and Obscene Speech

2015 ◽  
pp. 84-96
Keyword(s):  
United States ◽  
School District ◽  
First Amendment ◽  
Free Speech ◽  
The United States ◽  
United States Supreme ◽  
Student Speech ◽  
Free Speech Rights ◽  
Speech Clause

This chapter focuses on the Bethel School District No. 403 v. Fraser (1986) case – the United States Supreme Court's second review of students' speech rights under the Free Speech Clause of the First Amendment. It discusses the test created in the case for determining when schools can regulate students' speech. This test, referred to as the Bethel test or the Fraser test authorizes schools to censor students' speech if the speech is vulgar, lewd, plainly offensive or obscene. The chapter also discusses the Supreme Court's decision on the scope of students' free speech rights. The ultimate goal of the chapter is to analyze the Bethel School District No. 403 v. Fraser case in order to determine if it empowers schools to censor off-campus student speech.

The Truth Justification for Freedom of Speech

2021 ◽  
pp. 43-60
Author(s):  
William P. Marshall
Keyword(s):  
United States ◽  
First Amendment ◽  
Freedom Of Speech ◽  
The United States ◽  
Human Existence ◽  
Legal Systems ◽  
Marketplace Of Ideas ◽  
Do So

This chapter investigates the complexities of the truth justification for freedom of speech. According to this rationale, protecting freedom of speech creates a marketplace of ideas in which truth ultimately prevails over falsity. Speech therefore must not be restricted because to do so would inhibit this search for truth. The chapter then presents brief accounts of how the truth justification developed, how it has been applied in United States First Amendment jurisprudence, and how it has been accepted in legal systems outside the United States. It also explores the reasons that have been advanced in defence of the truth justification and the attacks that have been raised against its validity. Finally, the chapter discusses another possible explanation in support of the truth justification—that the search for truth provides a valuable narrative for human existence even if the goal of discovering truth is unlikely to be realized.

Communities in Conflict: The School Prayer in West Germany, the United States and Canada

1991 ◽  
Vol 6 ◽  
pp. 27-43
Author(s):  
Jerold Waltman
Keyword(s):  
United States ◽  
Public Schools ◽  
The United States ◽  
West Germany ◽  
Court Cases ◽  
School Prayer

AbstractThree remarkably similar court cases involving prayers in public schools have been decided in Germany, the United States, and Canada, all of which illustrate the issue of communities in conflict. Comparing these cases is especially pertinent for Canadian jurisprudence inasmuch as community has been trumpeted as important for giving life to the Charter. Developing four options for religiously plural federal societies, this article shows how these three countries each choose different routes, and how these choices relate to history and culture. Further, it points out that an emphasis on community in Charter interpretation is in tension with itself.

Writing Time in Metaphors

2018 ◽  
Author(s):  
Jennifer J. Smith
Keyword(s):  
United States ◽  
The United States ◽  
Western United States ◽  
Entire System ◽  
Language And Culture ◽  
Space Race ◽  
Do So

Coherence of place often exists alongside irregularities in time in cycles, and chapter three turns to cycles linked by temporal markers. Ray Bradbury’s The Martian Chronicles (1950) follows a linear chronology and describes the exploration, conquest, and repopulation of Mars by humans. Conversely, Louise Erdrich’s Love Medicine (1984) jumps back and forth across time to narrate the lives of interconnected families in the western United States. Bradbury’s cycle invokes a confluence of historical forces—time as value-laden, work as a calling, and travel as necessitating standardized time—and contextualizes them in relation to anxieties about the space race. Erdrich’s cycle invokes broader, oppositional conceptions of time—as recursive and arbitrary and as causal and meaningful—to depict time as implicated in an entire system of measurement that made possible the destruction and exploitation of the Chippewa people. Both volumes understand the United States to be preoccupied with imperialist impulses. Even as they critique such projects, they also point to the tenacity with which individuals encounter these systems, and they do so by creating “interstitial temporalities,” which allow them to navigate time at the crossroads of language and culture.

A Survey of Christian Religious Education in the United States

2003 ◽  
Vol 20 (1) ◽  
pp. 1-19
Author(s):  
Jerald F. Dirks
Keyword(s):  
United States ◽  
Public Schools ◽  
Religious Education ◽  
Supreme Court Decision ◽  
The United States ◽  
Youth Groups ◽  
Religious Educators ◽  
Contemporary Status ◽  
Children's Sermons ◽  
Private Christian Schools

Prior to the landmark Supreme Court decision of June 1963, which banned public prayer from the public schools, Christian religious education was often a routine part of the overt instruction provided by the American public school system. However, in the wake of that legal milestone, even though instruction in the Judeo-Christian interpretation of religious history continued to be taught covertly, American churches began relying more heavily on providing Christian religious education. This article briefly presents Christianity’s contemporary status in the United States and reviews such religious education methods as Sunday school, vacation Bible school, Christian youth groups, catechism, private Christian schools, Youth Sunday, and children’s sermons. The survey concludes with a look at the growing interface between such education and the lessons of psychology as well as training and certifying Christian religious educators.

Explosions

2018 ◽  
Author(s):  
E. Douglas Bomberger
Keyword(s):  
United States ◽  
New York ◽  
Puerto Rico ◽  
The United States ◽  
Woodrow Wilson ◽  
One Step ◽  
Do So ◽  
Laws And Regulations

On 2 April 1917, President Woodrow Wilson urged Congress to enter the European war, and Congress voted to do so on Friday, 6 April. On the 15th of that month, Victor released the Original Dixieland Jazz Band’s record of “Livery Stable Blues” and “Dixieland Jass Band One-Step”; it caused an immediate nationwide sensation. James Reese Europe travelled to Puerto Rico in search of woodwind players for the Fifteenth New York Regiment Band, and the Creole Band ended its vaudeville career when it missed the train to Portland, Maine. German musicians in the United States came under increased scrutiny in the weeks after the declaration of war, as the country prepared to adopt new laws and regulations for wartime.

Dissent in the Atlantic World, 1787–1830

2018 ◽  
Author(s):  
Katherine Carté Engel
Keyword(s):  
United States ◽  
African Americans ◽  
First Amendment ◽  
Church And State ◽  
State Level ◽  
The United States ◽  
American Population ◽  
Simple Fact ◽  
General Role

The very term ‘Dissenter’ became problematic in the United States, following the passing of the First Amendment. The formal separation of Church and state embodied in the First Amendment was followed by the ending of state-level tax support for churches. None of the states established after 1792 had formal religious establishments. Baptists, Congregationalists, Presbyterians, and Methodists accounted for the majority of the American population both at the beginning and end of this period, but this simple fact masks an important compositional shift. While the denominations of Old Dissent declined relatively, Methodism grew quickly, representing a third of the population by 1850. Dissenters thus faced several different challenges. Primary among these were how to understand the idea of ‘denomination’ and also the more general role of institutional religion in a post-establishment society. Concerns about missions, and the positions of women and African Americans are best understood within this context.

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