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American School Board Journal, 1988
The United States Supreme Court's decision in "Hazelwood School District v. Kuhlmeier" affirms that school officials have authority over school-sponsored publications. How supervision of student expression is exercised will teach young people a powerful lesson in freedom of the press--or oppression. (MLF)
Descriptors: Censorship, Court Litigation, Elementary Secondary Education, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 2001
James LaVine, a high-school junior, wrote a first-person fantasy about killing 28 people in school and then committing suicide. The district suspended him for 17 days. James and his father filed suit against the school district alleging that the emergency expulsion violated James' First Amendment rights. The District Court ruled for the LaVines…
Descriptors: Court Litigation, Expulsion, Federal Courts, Freedom of Speech
Rossow, Lawrence F. – American School Board Journal, 1987
Addresses the question of whether student prayer groups should be allowed to use school facilities. The Equal Access Act allows all noncurricular student groups to meet, whereas four federal appellate court decisions ban prayer groups on the basis that separation between church and state outweighs students' right to free speech. (WTH)
Descriptors: Court Litigation, Educational Facilities, Elementary Secondary Education, Federal Courts
Sneed, Maree; Knevila, Kelly – Inquiry & Analysis, 1988
The resolution of free speech issues in the public school context has, until recently, involved a precarious balancing between the First Amendment rights of students and teachers and the role of public schools in inculcating students with fundamental values. This year, in "Hazelwood School District v. Kuhlmeier," the Supreme Court struck…
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Sendor, Benjamin B. – School Law Bulletin, 1985
While the courts have said that public schools may not permit extracurricular religious groups to meet at school, Congress's Equal Access Act says that under certain conditions they must. The Supreme Court will review the issue. A copy of the Equal Access Act is provided. (DCS)
Descriptors: Court Litigation, Extracurricular Activities, Federal Courts, Freedom of Speech
Splitt, David A. – Executive Educator, 1985
Legal and practical considerations are discussed concerning whether school systems should participate in the nationwide class action suit against asbestos manufactureres or file suit on their own. Other topics discussed include grooming rules in sports, unnecessary litigation, and immunity from civil rights lawsuits for school officials. (TE)
Descriptors: Asbestos, Civil Rights Legislation, Court Litigation, Elementary Secondary Education
Peer reviewed Peer reviewed
Mahon, J. Patrick – Journal of Law and Education, 1990
The United States Supreme Court ruling in "Mergens" gives school districts the following options: (1) require all student groups to have a direct relationship to curriculum; (2) have a "limited public forum," therefore, allowing noncurriculum-related groups to use school facilities; or (3) choose to ignore the law and forego…
Descriptors: Court Litigation, Extracurricular Activities, Federal Courts, Freedom of Speech
Majestic, Ann L. – Inquiry & Analysis, 1991
In 1969 the Supreme Court, in "Tinker v. Des Moines Independent Community School District," established the right of students to freedom of expression in school unless the exercise of that right would materially and substantially interfere with the requirements of appropriate discipline or collide with the rights of others in the school.…
Descriptors: Board of Education Policy, Court Litigation, Dress Codes, Elementary Secondary Education
Peer reviewed Peer reviewed
Sorenson, Gail Paulus – West's Education Law Reporter, 1990
Discusses the major federal laws relevant to education of the handicapped and how they apply in a given discipline situation. Summarizes issues that past court decisions have clarified such as suspensions, change of placement, and termination of educational services pursuant to a long-term suspension or expulsion. Mentions important emerging…
Descriptors: Compliance (Legal), Court Litigation, Disabilities, Discipline
Glasser, Ira – American School Board Journal, 1992
By law and example, school boards must govern within scope of Bill of Rights. Cites West Virginia State Board of Education v Barnette, in which Supreme Court in 1943 upheld two Jehovah's Witness children's right to refuse to participate in daily flag salute ceremony. Urges schools to teach students principles of democracy and also of individual…
Descriptors: Board of Education Role, Constitutional Law, Court Litigation, Democracy
Peer reviewed Peer reviewed
Weisenberger, Clay – Journal of Law and Education, 2000
Examines message T-Shirts as a medium for student expression and the ability of public schools to regulate those messages. Predicts that as violence and insolence increase in schools, courts will probably continue to defer to school authorities and let them handle their own problems. (77 footnotes). (MLF)
Descriptors: Constitutional Law, Court Litigation, Dress Codes, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 1998
A student athlete died after the first day of football practice in Texas. His parents brought suit (Roventini v. Pasadena Independent School District) for monetary damages in federal district court contending that the defendants violated the student's rights. Presents the judge's analysis of the legal issues. Advises board members and…
Descriptors: Athletic Coaches, Athletics, Court Litigation, Death
Peer reviewed Peer reviewed
Majestic, Ann – School Law Bulletin, 1987
Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Splitt, David A. – Executive Educator, 1985
Outlines the confusion surrounding a Supreme Court decision in the "New Jersey vs. TLO" case, which put at issue the prohibition against unreasonable searches in schools. The Court's decision allows a lower standard of reasonableness to be applied in school searches. The standards are not clear and are open to serious question. (MD)
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Drug Use
Wiener, Jon – Nation, 1990
Examines the distinctions between protected free speech and discriminatory verbal harassment on college campuses. Cites numerous campus policies and recent Supreme Court decisions. Discusses a proposed guideline based on the direct use of "fighting words" to insult or stigmatize an individual. (FMW)
Descriptors: Civil Rights, College Students, Court Litigation, Discipline Policy
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