![handle is hein.journals/colewbult3 and id is 1 raw text is: This is the first issue of the 1970-1971 academic year. It is a combined September-October issue and
contains all the important cases decided since the last issue of the BULLETIN.
There are a number of significant cases in this issue, including decisions on the use of Sound Amplifying
Equipment, the rights of Student Organizations, required residence in Dormitories, Free Speech rights of
faculty members, as well as more cases from the Student Strike.
Freedom of Speech
Freedom of Speech and Expression-Non-tenured Faculty
-Vagueness
Parducci v. Rutland, Civ. No. 3072-N (M.D. Ala. June 9,
1970) (Johnson, Ch. J.), is an important new decision on the
academic freedom rights of non-tenured high school teachers
in the classroom. Plaintiff was dismissed for having assigned a
certain story to her eleventh grade English students. As out-
side reading she had assigned a story entitled Welcome to the
Monkey House, a comic satire containing a certain amount of
slang, several vulgar terms, and reference to an involuntary act
of sexual intercourse. The court found no obscenity in the
story, and noted that its terminology was comparable to that
found in some of Shakespeare's plays. Also, the court noted
that only three of the plaintiff's ninety students asked to be
excused from the assignment.
In determining the legal principles to be applied, the court
first noted that First Amendment freedoms have long been
held to apply even to non-tenured teachers, and in the class-
room context. Major decisions to directly or indirectly sup-
port that position are: Pickering v. Board of Ed., 391 U.S. 563
(1968); Pred v. Board of Public Instruction, 415 F.2d 851
(5th Cir. 1969); McLaughlin v. Tilendis, 398 F.2d 287 (7th
Cir. 1968); Johnson v. Branch, 364 F.2d 177 (4th Cir. 1966),
cert. denied, 385 U.S. 1003 (1967). Of particular relevance
was Keefe v. Geanakos, 418 F.2d 359 (1st Cir. 1969).
The test applied by the court was twofold: First, whether
the story could be regarded as appropriate reading for students
of that age. A comparison of the story with other recognized
literature confirmed the propriety of the assignment. Also, the
fact that the students generally had no more a reaction than
that of apathy supported this conclusion. Second, the court
found on the basis of the evidence tlat the assignment was
not such that 'would materially and substantially interfere
with' reasonable requirements of discipline in the school. The
test was drawn from Tinker v. Des Moines Indep. Community
SchoolDist., 393 U.S. 503 (1969), quoting Burnside v. Byars,
363 F.2d 744 (5th Cir. 1966). In summing up its first conclu-
sion, the court stated:
Since the defendants have failed to show either that the
assignment was inappropriate reading for high school jun-
iors, or that it created a significant disruption to the educa-
tional processes of this school, this Court concludes that
plaintiff's dismissal constituted an unwarranted invasion of
her First Amendment right to academic freedom.
The second major part of the court's opinion was concern-
ed with the teacher's claim of a right not to be punished unless
she was provided with a clear and concise written standard to
determine which books are obscene. In other words, the
teacher claimed that the void for vagueness doctrine should ap-
ply as to rules which might be used to punish a teach6r. The
court accepted this position as an alternate grounds for its de-
cision, stating:
[W] e are concerned not merely with vague standards, but
with the total absence of standards. When a teacher is for-
ced to speculate as to what conduct is permissible and what
conduct is proscribed, he is apt to be overly cautious and
reserved in the classroom. Such a reluctance on the part of
the teacher to investigate and experiment with new and dif-
NOTICE TO OUR READERS
After publishing almost two years *without any
change in price, the Editors have found it necessary
to increase the subscription rates for the BULLETIN.
Effective immediately for all new and renewal sub-
scriptio'ns, the rates will be $7.00 for one year,
$13.00 for two years, and $4.50 per year for students
at USNSA member schools.
@1970 United States National Student Association
Vol. III, Nos. 1 & 2 - Sept. & Oct., 19/U](ViewImageLocal?handle=hein.journals/colewbult3&div=1&collection=&method=preview&ext=.png&size=3)
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