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What is Common Law or Case Law

The Proper Role of Higher Education in a Democratic Society
Common law or case law (can be used interchangeably) refers to the body of law that is created by judicial cases. This differs from a statute or laws passed by a legislature.
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.
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