The objective of this edited volume is to shed light upon K-12 perspectives of various school stakeholders in the current unique context of increasing political polarization and heightened teacher and student activism. It is grounded in academic freedom case law and the majority of opinion of the Supreme Court in the Tinker v. Des Moines…

The coronavirus pandemic has inflicted enormous financial damage on colleges and universities and the cost is still growing. American higher education will undergo an unprecedented financial crisis in the coming months. "Critical Care" is a plan to guide the federal response to these unprecedented disruptions facing higher education in…

When first conceived, charter schools were envisioned as local projects initiated by parents and/or groups of teachers seeking to improve the educational performance of students. In the past two decades, the phenomenon has expanded to more than 5% of all U.S. public schools and almost 3% of all students (Center for Education Reform [CER], 2009).…

There seems to be an unwritten agreement among most Americans that there are three topics that are best avoided in polite company: (1) politics; (2) personal finances; and (3) religion. The American reluctance to discuss religion with acquaintances at a dinner party or picnic may be a part of a larger phenomenon: a manifestation of the secularism…

History has placed the stamp of approval on the publication of the Pentagon Papers, the top-secret history of the Vietnam War. If WikiLeaks editor-in-chief Julian Assange is another Daniel Ellsberg, then it is possible the website's disclosures will be viewed over time as similarly in the public interest. A classroom discussion on the release of…

This commentary invites Americans to confront what these authors view as the travesty that typically passes for literacy instruction for older youth in the United States who struggle with reading. In too many U.S. schools, these young people face an impoverished curriculum, receiving literacy instruction that is ill suited to their needs, or…

In the twenty-first century, differences in the treatment of trade in alcoholic beverages in comparison to other commercial goods seem at odds with the federal regulation of interstate trade under the Commerce Clause of the United States Constitution, which prohibits "differential treatment of in-state and out-of-state economic interests that…

Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons' exercise of religious beliefs. In…

As the most unionized segment of the public sector workforce in the USA, teachers and their bargaining representatives wield significant power in the world of educational labour relations and beyond. Yet, just as the First Amendment's freedom of association clause affords unions the right to exist, its concomitant recognition that employees are…

When dealing with First Amendment free speech issues in the context of public libraries, courts have merely cited the supposition that constitutional public forum analysis leads to the conclusion that the public library is a limited public forum for the purposes of First Amendment analysis. By focusing narrowly on the issue of whether Internet…

This article discusses the constitutional amendment process. Although the process is not described in great detail, Article V of the United States Constitution allows for and provides instruction on amending the Constitution. While the amendment process currently consists of six steps, the Constitution is nevertheless quite difficult to change.…

Images of heretics burning at the stake or of traitors being drawn, hanged, and quartered for disloyalty to the king seem well removed from twenty-first century America. Yet the laws that defined these offenses--which included heresy and blasphemy, sedition and treason--were at the heart of some of the most significant debates defining the shape…

Argues that the Library Bill of Rights aims to codify First Amendment doctrine and the interests of librarians but falls short. Law allows distinctions between government and private action and reaffirms the discretion of decision makers. The Library Bill of Rights, as shown in discussion of several court decisions, is often far more rigid.…

This symposium for the general public was designed to foster citizen awareness and evaluation of and response to changes in the traditional availability of federal government information that limit public access. Following a list of acknowledgements and the program schedule, welcoming remarks by Maxine R. Haggerty, chair of the Utah Library…

Does a "school choice" program, under which state funds are disbursed on a neutral basis to parents in the form of a voucher to defray the cost of sending their children to a school of their choice, run afoul of the Establishment Clause of the First Amendment to the United States Constitution, or of the New Hampshire Constitution? No. A…