NetNews Usenet Archive 1992 #27

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Xref: sparky alt.comp.acad-freedom.talk:3416 alt.society.civil-liberty:6591 misc.legal:20029 Path: sparky!uunet!know!mips2!news.bbn.com!bu.edu!rpi!usc!sol.ctr.columbia.edu!eff!greeny From: greeny@eff.org (J S Greenfield) Newsgroups: alt.comp.acad-freedom.talk,alt.society.civil-liberty,misc.legal Subject: CAF Archive Recent Changes -- cases/civics/civil-liberty/law (long) Message-ID: <1992Nov17.003805.25624@eff.org> Date: 17 Nov 92 00:38:05 GMT Sender: usenet@eff.org (NNTP News Poster) Organization: Electronic Frontier Foundation Lines: 561 Originator: greeny@eff.org Nntp-Posting-Host: eff.org Hi. I'm the new co-archivist (with Carl Kadie) for the CAF (Computer and Academic Freedom) Archive. I'm posting the recent changes to the archive (since early September) in four parts, since the whole file is very large (about 60K). The entire file can be retrieved via gopher, anonymous ftp, or email (as described below) from the main directory (pub/academic/recent-changes). Jonathan ------------------------------------------------------ Recent Changes to the * Computers and Academic Freedom (CAF) Archive -- cases, civics, civil-liberty and law The CAF Archive is an electronic library of information about computers and academic freedom. If you have gopher, the archive is browsable with the command: gopher -p academic/law gopher.eff.org It is available via anonymous ftp to ftp.eff.org (192.88.144.4) in directory "pub/academic". It is also available via email. For information on email access send email to archive-server@eff.org. In the body of your note include the lines "help" and "index". For more information, to make contributions, or to report typos contact J.S. Greenfield (greeny@eff.org). ================= ftp.eff.org:pub/academic/cases/wlu.ca ================= * WLU -- Ca An article from Wilfrid Laurier University's student newspaper, the Cord, about the removal of the alt.sex newsgroups because the adminstration finds them "offensive" and "puerile". ================= ftp.eff.org:pub/academic/civics/canada.constitution ================= * The Constitution of Canada The full text of the Canadian Constitution (consolidated with amendments). ================= ftp.eff.org:pub/academic/civics/canada.meech-accord ================= * The Canadian Meech Lake Accord (1987) The full text of the 1987 Meech Lake Accord, a rejected amendement to the Canadian Constitution. ================= ftp.eff.org:pub/academic/civics/federalist-paper-10 ================= * Federalist Paper #10 The full text of Federalist Paper #10 (November 23, 1787). ================= ftp.eff.org:pub/academic/civics/federalist-paper-51 ================= * Federalist Paper #51 The full text of Federalist Paper #51 (February 8, 1788). ================= ftp.eff.org:pub/academic/civics/federalist-papers.pointer ================= * Pointer to the Federalist Papers Information on how to get the Federalist Papers via anonymous ftp. ================= ftp.eff.org:pub/academic/civics/senator.fax-numbers ================= * Fax numbers for US Senators A recent listing of fax numbers for all US Senators (September 1992). ================= ftp.eff.org:pub/academic/civics/virginia.decl-of-rights ================= * Virginia's Declaration of Rights The full text of Virginia's Declaration of Rights (June 12, 1776). ================= ftp.eff.org:pub/academic/civil-liberty/aclu.aclu ================= * Guardian of Liberty: American Civil Liberties Union -- ACLU Briefing Paper #1 Contents: The ACLU Mandate What rights are guaranteed in the Bill of Rights? A Brief History How the ACLU Chooses Its Cases How the ACLU Works The Financial Picture ================= ftp.eff.org:pub/academic/civil-liberty/aclu.history ================= * A History of the ACLU -- Ira Glasser Speech A transcript of a speech by Ira Glasser (ACLU national director, at the time), before the National Press Club, Washington, DC. on October 6, 1988. The speech details the history of the ACLU and its work. ================= ftp.eff.org:pub/academic/civil-liberty/aids.aclu ================= * AIDS and Civil-Liberties -- ACLU Briefing Paper #13 Answers these questions: What is "HIV" and what is "AIDS"? What are the facts about how HIV spreads? Can HIV disease be cured? Doesn't HIV mainly afflict gay men and drug addicts? To stop the spread of HIV, shouldn't the government require all citizens to be tested? But why shouldn't the government provide lists of people who test positive for HIV? Does the law protect the rights of people with HIV disease? How do these anti-discrimination laws work? But shouldn't employers be able to fire people with HIV disease? Don't HIV-infected health care workers pose enough of a risk to their patients to be prohibited from working? Shouldn't school children with HIV disease be kept home? Have the courts enforced these principles in cases involving discrimination against people with HIV disease? Wouldn't the distribution of clean needles and condoms promote drug use and promiscuity? Should laws be enacted to punish those who deliberately try to spread HIV disease? Should suspected or convicted rapists be forced to take HIV tests? Shouldn't the government censor education about HIV on the ground that it's obscene? ================= ftp.eff.org:pub/academic/civil-liberty/artistic-freedom.aclu ================= * Artistic Freedom -- ACLU Briefing Paper #14 Answers these questions: What protects the work of artists from government censorship? When and how did the threat to artistic freedom emerge in this country? How has the Supreme Court dealt with sexually explicit expression? Why does the ACLU object to the obscenity exception to the First Amendment? But don't obscene and pornographic works cause anti-social and even violent behavior? Even if the government can't suppress art, surely it shouldn't use tax monies to fund art that offends!? Why does the ACLU object to movie ratings, music labeling, or other voluntary rating systems? Don't they give guidance to consumers, especially parents? But mustn't we protect our children from inappropriate messages and images, especially graphic sex and violence? Defending artists is fine, but why does the ACLU spend time and money defending pornographers and sleaze merchants? ================= ftp.eff.org:pub/academic/civil-liberty/bill-of-rights.history.aclu ================= * A History of the Bill of Rights -- ACLU Briefing Paper #9 Contents: The Origins Of Liberty The Constitutional Convention Ratification Of The Constitution The First Congress Ratification Of The Bill Of Rights Rights Declared, But Justice Denied The Fourth Branch ================= ftp.eff.org:pub/academic/civil-liberty/campaign-92.aclu ================= * Campaign for the Bill of Rights '92 -- ACLU The American Civil Liberties Union's planks for its "Campaign for the Bill of Rights '92". The planks are 1) a national campaign against bigotry and racism, 2) constitutional protection for a woman's right to choose, 3) a realistic approach to crime and punishment, 4) a Bill of Rights for all working people. ================= ftp.eff.org:pub/academic/civil-liberty/censorship.survey ================= * Censorship of Books at Public Schools -- Survey Results This article summarizes the findings of the tenth annual survey on book censorship in public schools, conducted by the People for the American Way. The survey found the number of challenges (and successful challenges) of books to be at a ten-year high. ================= ftp.eff.org:pub/academic/civil-liberty/church-and-state.aclu ================= * Church and State -- ACLU Briefing Paper #3 Answers these questions: Were people free to practice their religious beliefs in colonial times? Does the phrase "separation of church and state" actually appear in the constitution? Our nation was founded by religious individuals, and some manifestations of the religious aspects of our history and culture are inevitable. So what does separation mean exactly? Is prayer in public schools constitutional if it is optional? Can children pray in school at all? Why can't schools be required by law to teach the biblical theory of the earth's origins-- "creationism"--in addition to teaching evolution? If students can meet on school grounds in extra-curricular political or social groups, can't they also meet in religious groups? Since religious day schools are educating the children of taxpayers, can't the government assist those schools? Religious facilities sometimes house services like daycare and foster care for the general public. Is it constitutional for those programs to receive government funds? Why does the ACLU oppose religious displays on public property during the Christmas season? If the government cannot be involved with religion, does that mean the clergy cannot speak out on political issues? Should the Catholic Church lose its tax exempt status because its officials are involved in lobbying against abortion and birth control? Are members of religious "cults" also protected by the Establishment Clause? Can individuals whose religious beliefs conflict with certain laws receive special consideration from government? ================= ftp.eff.org:pub/academic/civil-liberty/crime.aclu ================= * Crime and Civil Liberties -- ACLU Briefing Paper #2 Answers these questions: Why should criminals enjoy special rights at the expense of the rest of us? Aren't constitutional technicalities like the Miranda warnings and the exclusionary rule responsible for letting violent criminals go free? Shouldn't criminal defendants be locked up before trial so they won't commit more crimes while free on bail? Instead of being soft on criminals, shouldn't judges impose stiffer sentences so that people will think twice before committing a crime? If the sentence is death, even a hardened criminal might not want to take chances--so shouldn't we execute more people to deter would-be murderers? What about the victims of crime -- don't they have rights too? What can be done about crime that doesn't violate our constitutional rights? ================= ftp.eff.org:pub/academic/civil-liberty/drug-testing.workplace.aclu ================= * Drug Testing in the Workplace -- ACLU Briefing Paper #5 Answers these questions: Don't employers have the right to expect their employees not to be high on drugs on the job? Can urine tests determine precisely when a particular drug was used? If you don't use drugs, you have nothing to hide--so why object to testing? Are drug tests reliable? Still, isn't universal testing the best way to catch drug users? But shouldn't exceptions be made for certain workers, such as airline pilots, who are responsible for the lives of others? Drug use costs industry millions in lost worker productivity each year. Don't employers have a right to test as a way of protecting their investment? Have any courts ruled that mandatory urine testing of government employees is a violation of the constitution? If the constitution can't help them, how can private employees protect themselves against drug testing? ================= ftp.eff.org:pub/academic/civil-liberty/english-only.aclu ================= * "English Only" -- ACLU Briefing Paper #6 Answers these questions: What is an "English Only" law? Where have such laws been enacted? What are the consequences of "English Only" laws? Do "English Only" laws affect only government services and programs? Who is affected by "English Only" laws? How do "English Only" laws deprive people of their rights? What kinds of language policies were adopted with regard to past generations of immigrants? Why are bilingual ballots needed since citizenship is required to vote, English literacy is required for citizenship, and political campaigns are largely conducted in English? Doesn't bilingual education slow immigrant children's learning of English, in contrast to the "sink or swim" method used in the past? But won't "English Only" laws speed up the assimilation of today's immigrants into our society and prevent their isolation? ================= ftp.eff.org:pub/academic/civil-liberty/freedom-of-expression.aclu ================= * Freedom of Expression -- ACLU Briefing Paper #10 Answers these questions: What were the philosophical underpinnings of the First Amendment's guarantees? Why does freedom of expression play such a critical role in our constitutional system? What was the early history of the First Amendment and freedom of expression? How did the courts respond to First Amendment violations? What forms of expression are protected by the First Amendment? Can speech be curtailed if it is thought to jeopardize national security? Why should racists and other hatemongers, or those espousing anti-democratic political doctrines, have free speech rights? Can free speech be limited in any way? Are any forms of expression not protected by the First Amendment? Is freedom of expression in danger today? ================= ftp.eff.org:pub/academic/civil-liberty/freedom.essay ================= * Essay on the Freedoms Protected by the Bill of Rights An essay by Richard Criley of the Bill of Rights Foundation, examining the security of freedom in the United States. The essay discusses systematic abuses of freedom that occurred during the last half-century. ================= ftp.eff.org:pub/academic/civil-liberty/human-rights.un ================= * Universal Declaration of Human Rights -- United Nations The full text of the Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations on December 10, 1948. ================= ftp.eff.org:pub/academic/civil-liberty/pledge.history ================= * A History of the Pledge of Allegiance An essay examining the origins of the Pledge of Allegiance and the history of its introduction into public schools, written by John W. Baer of Propaganda Review. ================= ftp.eff.org:pub/academic/civil-liberty/reproductive-freedom.minors.aclu ================= * Reproductive Freedom: The Rights of Minors -- ACLU Briefing Paper #7 Answers these questions: How many states have passed laws that restrict teenagers' access to abortion? How do these laws work? What's the difference between a consent and a notification law? What's wrong with parental notification or consent laws? Whatever parents' reactions might be, it's _their_ daughter--so don't they have the right to be involved? What types of family situations lead teenagers to seek a confidential abortion? Can a teenager, suddenly faced with the choice between childbirth and abortion, really make a responsible decision? Don't laws restricting abortion also contain alternatives for mature minors or those who fear parental reprisals? Aren't legal delays justified when a teenager might risk physical and emotional harm by having an abortion? What are the consequences, besides increased health risks, of restricting teens' access to abortion? Do restrictions on minors affect the reproductive choices of other women? What can be done to provide genuine help for teenagers and, thus, reduce their need for abortion? ================= ftp.eff.org:pub/academic/civil-liberty/top.art.censors.1992 ================= * Top Art Censors of 1992 An article reporting the ACLU's list of the "1992 Arts Censors of the Year." The list cites governmental officials and private individuals, including: Anne-Imelda Radice (chair of the NEA), Oliver North, Catharine MacKinnon and Andrea Dworkin, and The Rev. Donald Wildmon, head of the American Family Association. ================= ftp.eff.org:pub/academic/civil-liberty/womens-rights.1848 ================= * Declaration of Sentiments from 1st Women's Rights Convention in the United States, held in Seneca Falls, New York, the nineteenth and twentieth of July, 1848. Among the famous who signed are Elizabeth Cady Stanton, whose home in Seneca Falls is now part of the Women's Rights National Park, and Frederick Douglass. ================= ftp.eff.org:pub/academic/law/chaplinsky-v-new-hampshire ================= * Expression -- Fighting Words -- Chaplinsky v. New Hampshire An excerpt from UWM Post v. U. of Wisconsin outlining the fighting words doctrine established by Chaplinsky and later cases. In part, it states that the modern fighting words doctrine allows regulation of words which "by their very utterance...tend to incite an immediate breach of the peace" and are "directed at the person of the hearer." ================= ftp.eff.org:pub/academic/law/charter.can ================= * Constitution -- Canadian Charter of Rights and Freedoms -- Full Text From the Canadian Constitution Act 1982 ================= ftp.eff.org:pub/academic/law/cohen-v-california.1 ================= * Expression -- Offensive -- Cohen v. California -- 1 Definition of "fighting words"; why no right not to be offended The definition of fighting words from _Chaplinsky v. New Hampshire_ and then _Cohen v. California_. Also, says quotes the Supreme Court saying that there is no universal right to not hear offensive expression. ================= ftp.eff.org:pub/academic/law/cohen-v-california.3 ================= * Expression -- Offensive -- Cohen v. California -- 3 Here are excerpts from several Supreme Court decisions inclusing _Cohen v. Calfiornia_. They say that offensive public expression is protected if those offended can "effectively avoid further bombardment of their sensibilities simply by averting their eyes." ================= ftp.eff.org:pub/academic/law/copyright.act.pointer ================= * Copyright -- U.S. Law -- Full text -- Pointer If you have access to gopher, you can access the text of the U.S. Copyright Act. gopher fatty.law.cornell.edu --> 9. Legal Information Institute/ --> 1. Copyright Act/ ================= ftp.eff.org:pub/academic/law/cornelius-v-naacp ================= * Expression -- Restrictions w. Disguised Purpose -- Cornelius v. NAACP In Cornelius v. NAACP Legal Defense and Education Fund (1985), the SC ruled "The existence of reasonable grounds for limiting access to a nonpublic forum, however, will not save a regulation that is in reality a facade for viewpoint-based discrimination..." ================= ftp.eff.org:pub/academic/law/ferpa ================= * Privacy -- School Records -- FERPA -- Excerpts Excerpts from _College and University Student Records: A Legal Compendium_, Edited by Joan E. Van Tol, 1989. Details the Family Education Rights and Privacy Act's (Buckley Amendment's) provisions on directory information. ================= ftp.eff.org:pub/academic/law/hustler-magazine-v-falwell ================= * Expression -- Offensive -- Hustler Magazine v. Falwell Summary from _The First Amendment Book_ by Robert J. Wagmam, p. 157. The publisher of a cartoon parody, already found not to be libelous, could not be punished for the emotional distress the cartoon may have caused. The Court wrote: "in public debate our own citizens must tolerate insulting, and even outrageous speech in order to provide adequate breathing space to the freedoms protected by the First Amendment." ================= ftp.eff.org:pub/academic/law/indecency.nea ================= * Expression -- Indecency -- NEA A UPI story: "A federal judge declared unconstitutional Tuesday the decency clause the National Endowment for the Arts used in determining who receives grant money, saying it was too vague and overbroad in restricting artists' freedom of speech." ================= ftp.eff.org:pub/academic/law/jocobson-v-usa ================= * Expression -- Child Porn -- Jocobson v. USA Newspaper story saying: "The Supreme Court Monday made it more difficult for police to pursue undercover sting operations, ruling that a man who bought child pornography after a 2 1/2 year government probe was entrapped." ================= ftp.eff.org:pub/academic/law/mass-student-searches ================= * Privacy -- Mass Students Searches An excerpt from The ACLU Handbook: _The Rights of Students_, stating that "there must a reasonable suspicion directed specifically at each student before a school official can search students." ================= ftp.eff.org:pub/academic/law/r-v-butler ================= * Expression -- Obscenity -- Canada -- R. v. Butler The official summary and excerpts from the full decision in the case of _R. v. Butler_. This Canadian Supreme Court case, decided in February 1992, redefined "obscenity" in Canada. ================= ftp.eff.org:pub/academic/law/widmar-v-vincent ================= * Expression -- On Campus -- Widmar v. Vincent An excerpt from _The Rights of Religious Persons in Public Education_ by John W. Whitehead summarizing how the Supreme Court case of Widmar v. Vincent established that public university campuses are limited public forums. ================= ftp.eff.org:pub/academic/law/young-conservatives-v-sau ================= * Expression -- Offensive -- Young Conservatives v. SAU A UPI story that tells how Stephen F. Austin University originally banned a group's "sexist" flyers, but when challenged, the ban was lifted and a cash settlement was given to the students whose free-speech was violated by the ban.