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Book part
Publication date: 4 September 2020

Torrie Hester

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties

Abstract

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties within DHS, as its website explains,

reviews and assesses complaints from the public in areas such as: physical or other abuse; discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, or disability; inappropriate conditions of confinement; infringements of free speech; violation of right to due process … and any other civil rights or civil liberties violation related to a Department program or activity.

My chapter tracks the centrality of deportability in shaping the civil liberties and rights that DHS is tasked with enforcing. Over the course of the twentieth century, people on US soil saw an expanding list of civil liberties and civil rights. Important scholarship concentrates on the role of the courts, state and federal governments, advocacy groups, social movements, and foreign policy driving these constitutional and cultural changes. For instance, the scholarship illustrates that coming out of World War I, the US Supreme Court ruled that the First Amendment did not protect something the Justices labeled “irresponsible speech.” The Supreme Court soon changed course, opening up an era ever since of more robust First Amendment rights. What has not been undertaken in the literature is an examination of the relationship of deportability to the sweep of civil liberties and civil rights. Starting in the second decade of the twentieth century, federal immigration policymakers began multiplying types of immigration statuses. A century later, among many others, there is the H2A status for temporary low-wage workers, the H2B for skilled labor, and permanent residents with green cards. The deportability of each status constrains access to certain liberties and rights. Thus, in 2016, when people from the Office for Civil Rights and Civil Liberties within DHS act, they are not enforcing a uniform body of rights and liberties that applies equally to citizens and immigrants, or even within the large category of immigrants. Instead, they do so within a complicated matrix of liberties and rights attenuated by deportability, which has been shaped by the history of the twentieth century.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83982-297-1

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Book part
Publication date: 23 November 2020

Daniel J. Perrone

In this article, I trace the slow evolution of the contemporary idea of “academic freedom” through two court cases of the early twentieth century. Unfortunately for academics…

Abstract

In this article, I trace the slow evolution of the contemporary idea of “academic freedom” through two court cases of the early twentieth century. Unfortunately for academics, this history does not end with a ringing endorsement of the right of academics to speak freely without being afraid of losing their teaching jobs. Rather, the courts have tended to agree that while faculty do have freedom of speech under the first amendment, they do not necessarily have the right to keep their jobs no matter what they say. This chapter illustrates the court’s early validation of punishing the “free speech” of employees if it promotes a “bad tendency” in Patterson v. Colorado in 1907 and concludes with Oliver Wendell Holmes’ ruling in 1919 that introduces the concept of the “marketplace of ideas” to evaluate speech even though the defendants were convicted of espionage as they exercised their “freedom of speech.” For the educator, freedom of speech is essential in having the academic freedom to pursue their discipline.

Abstract

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Public Morality and the Culture Wars: The Triple Divide
Type: Book
ISBN: 978-1-80455-722-8

Article
Publication date: 1 July 2007

Veronica Cruz Burchard

The eternal question posed by students, “Why do I have to learn this?” is being answered for them every day in the newspapers and on television with respect to the balance of…

Abstract

The eternal question posed by students, “Why do I have to learn this?” is being answered for them every day in the newspapers and on television with respect to the balance of liberty and security in time of war. Teachers often express the need for focused materials that approach this question from both historical and modern perspectives, and this high-school lesson provides that. The Latin maxim, Inter arma enim silent leges, translated, “In time of war the laws are silent” expresses the doctrine that security trumps liberty in wartime, but in this lesson, student will ask, “Is liberty necessarily the price of security? How have United States governments justified the curtailment of liberty in wartime?” This lesson presents students and teachers with hands-on focus activities, student manipulatives and role-plays, and primary source document analyses that will lead students to appraise the cost of security and whether the Constitution can be preserved by being abridged.

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Social Studies Research and Practice, vol. 2 no. 2
Type: Research Article
ISSN: 1933-5415

Book part
Publication date: 22 October 2020

Galen R. Leonhardy

This essay offers a subjective literary exploration of personal events relevant to understanding an assault on academic freedom in a two-year college. The critically qualitative…

Abstract

This essay offers a subjective literary exploration of personal events relevant to understanding an assault on academic freedom in a two-year college. The critically qualitative inquiry focuses on two events: (a) the questioning by faculty of dual credit policies and (b) an administratively engineered disciplinary action that functioned to have a chilling effect on free speech and to, thereby, quell academic freedom. The dual credit story comes in the form of an embedded narrative essay previously published as a Facebook note. That embedded essay presents the tale of the author and a colleague, the advisor for their community college newspaper, exercising their academic freedom to critically engage a community college administration’s violations of Illinois State dual credit laws. The embedded essay serves also to reveal an administrative response to the professors’ decision to report the violation of state law to the Higher Learning Commission and the Illinois Community College Board. Following that, the essay provides a qualitative examination of the administrative response and explains how the response served to quell academic freedom.

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Faculty and Student Research in Practicing Academic Freedom
Type: Book
ISBN: 978-1-83982-701-3

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Book part
Publication date: 29 February 2008

Kirsten Christiansen

Public space has traditionally been space of and for the people, a place where the community could congregate and engage in public expression, including expression of a political…

Abstract

Public space has traditionally been space of and for the people, a place where the community could congregate and engage in public expression, including expression of a political nature. In the current environment of increasing insecurity, police departments are encouraged to join the fight against terrorism by increasing surveillance and control over ever-larger areas, including public space, and over ever-greater segments of the community. This chapter examines two recent initiatives by the New York Police Department that are changing the nature of public space in the city.

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Surveillance and Governance: Crime Control and Beyond
Type: Book
ISBN: 978-0-7623-1416-4

Content available
Book part
Publication date: 23 November 2020

Abstract

Details

Teaching and Learning Practices for Academic Freedom
Type: Book
ISBN: 978-1-80043-480-6

Article
Publication date: 1 April 1993

Peter R. Senn

Investigates the importance of English language sources ofFriedrich Theodor Althoff (1839‐1908), a German of great influence bothin his own country and, indirectly, in the United

Abstract

Investigates the importance of English language sources of Friedrich Theodor Althoff (1839‐1908), a German of great influence both in his own country and, indirectly, in the United States. Explores some measures of his influence in education and international understanding. Examines a wide variety of sources. Explains how it could happen that an influential person would end up in intellectual history with almost no recognition. Challenges several conventional assessments. Althoff′s most important contributions are in print and more almost certainly exist in university archives, but the material is scattered and unorganized. Because we do not yet have the full story of this remarkable and complex man, firm conclusions about his influence are not yet possible.

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Journal of Economic Studies, vol. 20 no. 4/5
Type: Research Article
ISSN: 0144-3585

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Article
Publication date: 1 March 1991

Allan Metz

Historically, Panama has always been “a place of transit.” While technically the isthmus formed part of Colombia in the nineteenth century, it was linked geopolitically to the…

Abstract

Historically, Panama has always been “a place of transit.” While technically the isthmus formed part of Colombia in the nineteenth century, it was linked geopolitically to the United States soon after the California gold rush, beginning in the late 1840s. The first attempt at building a canal ended in failure in 1893 when disease and poor management forced Ferdinand de Lesseps to abandon the project. The U.S. undertaking to build the canal could only begin after Panama declared itself free and broke away from Colombia in 1903, with the support of the United States.

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Reference Services Review, vol. 19 no. 3
Type: Research Article
ISSN: 0090-7324

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

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Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

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Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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