The American legal system works in a hierarchical manner with the U.S. Constitution at the top. Essentially a constitution, rule, or law cannot contradict a constitution, rule, or law that is higher in the hierarchy. For the purposes of this chapter, it is important to know that the U.S. Constitution is the highest and is higher than laws that are enacted by Congress. Laws that are enacted by Congress are higher than state constitutions. State constitutions are higher than laws enacted by the state legislature. Finally, laws enacted by the state legislature are higher than the rules and regulations that are enacted on your campus. This excludes rules from federal or state agencies and city or county charters, ordinances, or rules that also fit within the hierarchy.
Published in Chapter:
Navigating the First Amendment in Higher Education and Supporting Students to Be Engaged Citizens
James Tyger (University of Florida, USA) and Sarah K. Cunningham (St. Louis University, USA)
Copyright: © 2021
|Pages: 26
DOI: 10.4018/978-1-7998-7744-8.ch014
Abstract
Higher education administrators continue to encounter ever evolving challenges related to the First Amendment on college campuses. As administrators encounter lawsuits ranging from protests, student media, student organization funding, campus speakers, and beyond, they must be equipped to navigate these scenarios. Ultimately, the key is gaining a better understanding of the history, relevant case law, tools to analyze the situation, and how the First Amendment may appear in their work. The chapter seeks to provide a foundation of knowledge related to the First Amendment and its application to higher education.