Discusses how school administrators can use the legal concepts of original intent and "stare decisis" to interpret the Establishment Clause of the First Amendment when faced with issues involving religion in the schools. (Contains 34 references.)(PKP)

Examines recent lower court rulings on students' First Amendment rights. The current disputes center on (1) requiring the flag salute; (2) banning symbols; (3) removing books from the curriculum; and (4) preventing the distribution of publications. Projects the Supreme Court's position should the issue again reach that level. (MLF)

The judicial trend is against according broad First Amendment protection for teacher grievants. Administrators who do not support legitimate labor activity, however, may experience teacher retaliation. (CJH)

In 1995, members of the local teachers' association sued the Colonial School District in eastern Pennsylvania regarding a policy prohibiting political activities at official polling places on school property during nonworking hours. The court decided in the teachers' favor, declaring the policy unconstitutional. Generally, teachers' partisan…

In "City of Boerne v. Flores, Archbishop of San Antonio," the U.S. Supreme Court struck down the 1993 Religious Freedom Restoration Act. RFRA was not intended to overrule a 1990 Supreme Court decision forbidding use of peyote in Native American religious ceremonies, but to "enforce" 14th-Amendment free-exercise rights. The…

In 1982 in "Lubbock Civil Liberties Union v. Lubbock Independent School District," the Fifth Circuit Court ruled unconstitutional a school policy allowing meetings after school hours for moral, religious, or ethical purposes. Federal courts have struck down other similar policies. (Author/JM)

E-mail has created friction between school districts' proprietary needs and employees' privacy rights. This article examines e-mail law (constitutional, statutory, and common) and issues (employer monitoring, discover problems, admissibility, and attorney-client privilege) and provides policy guidelines. The 1996 Communications Decency Act,…

Argues that school policies of "zero tolerance" of threatening speech may violate a student's First Amendment right to freedom of expression if speech is less than a "true threat." Suggests a two-step analysis to determine if student speech is a "true threat." (PKP)

Although the two religion clauses in the First Amendment don't mention neutrality, 40 years of U.S. Supreme Court decisions have integrated that concept into their interpretations. Current understanding of neutrality has been shaped by defining benchmarks: enactment of the 1984 Equal Access act; inclusion of religious speech as a subset of free…

Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

Analyzes the unwillingness of the federal courts to view the traditional braided hairstyle worn by American Indian students as worthy of protection under the Tinker "symbolic speech" doctrine. Examines the legacy of the Tinker doctrine for Indian students and presents an argument for expanding this precedent. (Author/MLF)

Representative, delegated school governance by elected officials intrinsically vests curricular control in those officials. Because their offices are created so that the schools may be governed, they have authority to govern the schools--even especially--in the delicate and critical areas of deciding how and what the schools shall teach.…

In "Mozert," fundamentalist parents claim that the reading curriculum interfered with their right to transmit religious values to their children. The district court fashioned an excusal scheme; however, the Sixth Circuit reversed this decision. Reviews the facts, analyzes points of law left unresolved, and discusses the broader…

A court-approved Milwaukee voucher program permits up to 15% of the city's public schoolchildren to attend private/religious schools at state expense. This represents no victory for vouchers. Although the Wisconsin Supreme Court found vouchers constitutional, it may not believe they are valid under the federal constitution. (MLH)

In "Zobrest" and "Kiryas Joel" the Supreme Court considered the relationship between public and private school systems, and between church and state. Examines the situations of the cases and the opinions of the Supreme Court Justices in relation to them, and in relation to the 15 most recent Establishment Clause cases affecting…