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篇名 |
斯韦泽案:美国联邦最高法院学术自由判决第一案
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並列篇名 | The Sweezy Case: the First Case Judgment on Academic Freedom by the Supreme Court of United States |
作者 | 秦發盈、李子江 |
英文摘要 | The Sweezy Case during the Cold War of the United States in the 1950s was the tirst case in which the Supreme Court of the United States was truly involved in academic freedom . By sorting out and analyzing the process of Sweezy Case and the impact of the public opinion on the judgment, the author holds that the grounds of judgment in the Sweezy Case was ambiguous and controversial , which has led to a lot of misreading to the case . Therefore, the judgment ground of the case should be claritied and the cause of the misreading should be interpreted by referring to the Warren-led plurality opinions and the Frankfurt-led concurring opinions. The Sweezy Case promoted the iirst dialogue between the American Association of University Professors and the Supreme Court on the academic freedom system and legitima- cy ,and extended the scope of the legal interpretation of the subject of academic freedom , which is considered as an important step towards the -ustitication of academic freedom in the constitutional rights of the United States. The status and impact of the Sweezy Case in the history of American academic freedom need to be evaluated objectively; but the role of Sweezy Case in the interpretation of the legal rights to academic freedomshould not be exaggerated. |
起訖頁 | 093-102 |
關鍵詞 | 斯韦泽案、学术自由、宪法第一修正案、Sweezy Case、academic freedom、the iirst amendment of Constitution |
刊名 | 教育學報 |
期數 | 201710 (13:5期) |
出版單位 | 北京師範大學 |
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