Michigan State University Extension
Diversity and Pluralism - 02160145
12/95/
ERIC TITLE NUMBER: ED259640 AUTHOR: Gilbertson, Eric R.
TITLE: The Supreme Court and Academe: The Evolution of
Constitutional Doctrines for Higher Education. ASHE 1985
Annual Meeting Paper.
YEAR PUBLISHED: 1985
NOTE: 97 p.; Paper presented at the Annual Meeting of the
Association for the Study of Higher Education (Chicago, IL,
March 15-17, 1985).
ABSTRACT: The application of constitutional doctrines to
controversies involving higher education institutions and
legal theories emanating from the Supreme Court are
discussed. The historical review covers academic freedom at
colleges, or freedom from political interference of of
outside intervention: freedom of speech or association in
colleges and universities; the rights of students; the
rights and interests of a private college; equal opportunity
in the academy; and procedural rights for faculty and
students. Constitutional decisions regarding academic
freedom have struck down loyalty oaths for college staff,
intrusive reporting requirements, and restrictions on
political activity. The Supreme Court has protected the
right of a student editor to publish controversial material.
The controversies today concern the future of predominantly
or historically black colleges, full integration of colleges
that have been closed or hostile to minorities, and the
question of whether sex discrimination in educational
programs can be barred. Redefinitions of relationships in
academia have resulted from Supreme Court decisions,
including students' relationships with colleges and
universities and the rights and responsibilities of faculty
and staff. (SW)
KEY DESCRIPTORS: Academic-Freedom; Affirmative-Action; Black
Colleges; College-Desegregation; College-Faculty; Due
Process; Faculty-College-Relationship; Freedom-of-Speech;
Government-School-Relationship; Institutional-Autonomy;
Minority-Groups; Private-Colleges; Racial-Discrimination;
Sex-Discrimination; Student-College-Relationship
KEY DESCRIPTORS: *Constitutional-Law; *Court-Litigation;
*Higher-Education; *Student-Rights; *Teacher-Rights
This is an ERIC database document. ERIC is the National
Education Information Network for providing ready access
to the literature of education -descriptions of exemplary
programs, research and development efforts, and related
information that can be used in developing more effective
educational programs. The ERIC database is currently
available on CD-ROM in the main library (ground floor of
the west wing) at Michigan State University. To locate
ERIC documents in the library identify the first line of
each record (i.e., the field ERIC TITLE NUMBER). ED
following ERIC TITLE NUMBER indicates an ERIC document,
an unpublished research study. Most of these items are
available in the Microforms library, located on the 3rd
floor of the west wing. All you need is the six digit ED
number. If EJ follows ERIC TITLE NUMBER the item is a
journal article. The complete journal name is listed after
the code JOURNAL.
This information is for educational purposes only. References
to commercial products or trade names does not imply
endorsement by MSU Extension or bias against those not
mentioned. This information becomes public property upon
publication and may be printed verbatim with credit to MSU
Extension. Reprinting cannot be used to endorse or advertise
a commercial product or company.
This file was generated from data base DP on 06/25/02.
Data base DP was last revised on 12/95/ .
For more information about this data base or its contents please contact
cook@msue.msu.edu . Please read our
disclaimer for important
information about using our site.