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…

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)

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…

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)

Reviews recent federal court findings in three legal areas: the responsibility of public schools to reimburse tuition costs for special education students placed in appropriate private programs, parents' rights to sue for damages when special education placement is inadequate, and students' freedom to incorporate sexual innuendo into speeches.…

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…

In a case concerning a teenager charged with cross burning, the Supreme Court, in a 9-0 decision, ruled that a St. Paul, Minnesota, ordinance was unconstitutional. Summarizes Justice Scalia's opinion and three concurring opinions that reflect bitter disagreement among the justices. Discusses the meaning of this decision and its implications for…

Summarizes the historical background of First Amendment law from "Tinker v. Des Moines" (1969) to "Hazelwood v. Kuhlmeier" (1988). Examines the Supreme Court's most recent decisions on related matters as well as lower court decisions involving bias-motivated speech on campus. Offers specific suggestions for public school…

Examines four cases decided in circuit courts regarding teachers' academic freedom. Cited in all these decisions was "Kuhlmeier," a case involving the lawful restriction of student speech. Contends that some of the language in the opinions could stimulate governing boards to try to intrude upon the professional judgment of teachers. (42…

Because some known gang members were wearing rosaries as gang symbols, a Texas school district told two students--who were not gang members--that they could not wear rosaries outside their shirts. A federal district court ruled (Chalifoux v. New Caney Independent School District) that the district's entire gang-apparel policy was void because of…

In "New York Times Co. v. Sullivan," the Supreme Court held that the First Amendment protects news media defendants from libel suits by public officials and public figures. Public college and university administrators are considered to be public officials under this ruling. To prevail in defamation cases, public plaintiffs must prove…

A district court decision that the firing of a bisexual counselor violated free speech and equal protection of the law was reversed by the Sixth Circuit Court of Appeals. Although the United States Supreme Court declined to review the case, Justices Brennan and Marshall wrote dissenting opinions claiming unresolved constitutional issues. (MLF)

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)

In "Boring v Buncombe County Board of Education," a high school teacher sued a school board over her transfer to a middle school. At issue is a board's power to control the curriculum and a teacher's right to academic freedom, specifically selecting a controversial play for four students in advanced acting class. (MLF)

A recent decision by the 8th U.S. Circuit Court of Appeals in a case from Arkansas centered on a vicious letter written by an 8th-grade boy about his former girlfriend and turned over to school officials. The court ruled for the school district in expelling the student for the year, without allowing him to attend an alternative school. Argues that…