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Krug, Judith – Update on Law-Related Education, 1985
Censorship is found in all periods of American history, wherever people try to solve problems by cutting back on someone else's expression. Some examples of government censorship are described. (RM)
Descriptors: Censorship, Elementary Secondary Education, Federal Government, Freedom of Speech

Carr, Michael C.; Faber, Charles F. – Clearing House, 1982
Reviews court cases concerning student press rights. Argues that many problems that have arisen over publications could have been avoided by administrators and school boards if only they had been willing to work with students within the framework of the First Amendment. (FL)
Descriptors: Administrator Role, Board of Education Role, Court Litigation, Freedom of Speech

Underwood, Julie K.; Mead, Julie F. – Journal of Law and Education, 1996
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…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts

Burkholder, John David – Journal of Law and Education, 1989
Religious rights of teachers are affected in three primary areas of activities: (1) outside the school environment; (2) inside the school environment; and (3) inside the classroom. These issues are examined from the perspective of the constitutional principles involved. (MLF)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Public Schools
Stein, Nan – West's Education Law Quarterly, 1995
Describes the panic that typically arises when the First Amendment is invoked in charges of sexual harassment in schools. Contends that sexism is a fundamental part of school culture, that school administrators apply free speech rights differently to males and females in schools, and that the Constitution applies to girls too. (24 footnotes) (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Freedom of Speech, Public Schools
Schimmel, David – Wests's Education Law Quarterly, 1993
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…
Descriptors: Court Judges, Court Litigation, Elementary Secondary Education, Federal Courts

Jurenas, Albert C. – NASSP Bulletin, 1993
Discusses several defamation cases involving school executives' written or spoken statements about terminated employees' performance and qualifications. Pays special attention to lawsuits hinging on administrators' and board members' informal remarks about school employees, outlining permissible behaviors and suggesting ways to avoid defamation…
Descriptors: Administrator Responsibility, Court Litigation, Elementary Secondary Education, Freedom of Speech
Vacca, Richard S.; Hudgins, H. C., Jr. – West's Education Law Quarterly, 1994
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…
Descriptors: Administrator Guides, Court Litigation, Elementary Secondary Education, Federal Courts

Rossow, Lawrence F.; Barnes, Sheila – Religion & Public Education, 1992
Contends that the issue of whether public school teachers may wear religious garb while teaching is no longer a debatable topic. Argues that wearing religious garb may unduly influence students and therefore violates the separation of church and state. Concludes that teachers must set an example of tolerance and should not wear religious garb…
Descriptors: Civil Liberties, Cultural Awareness, Elementary Secondary Education, Ethnic Relations

Pitts, Mark – Religion & Public Education, 1992
Reviews the constitutions of several western states that provide an absolute barrier between religion and public education. Asserts that these laws were passed after the Civil War when concern about minority religious influence in some states was high. Maintains that these state laws may be the next battleground in the ongoing controversy about…
Descriptors: Constitutional Law, Elementary Secondary Education, Federal State Relationship, Government Role

Scales, Pat – Knowledge Quest, 2000
Discussion of censorship against books in public and school libraries focuses on intellectual freedom; First Amendment rights; and curriculum development to include lessons on the First Amendment. Offers suggestions for activities focusing on censorship and banned books. (LRW)
Descriptors: Censorship, Curriculum Development, Elementary Secondary Education, Intellectual Freedom

McCarthy, Martha – Journal of Law & Education, 2002
Analyzes recent federal court decision striking down school anti-harassment policy on First Amendment grounds. Discusses freedom of expression rights in public setting as compared to public-school context. Argues decision incorrectly relies on law developed outside public-school context, unjustifiably finds violation of First Amendment, and may…
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Federal Courts
Haynes, Charles C. – American School Board Journal, 2000
From 19th-century Protestant hegemony to today's religion-free zones, we have found no proper, constitutional role for religion and religious expression in public education. Both models are unjust and, in some cases, unconstitutional. A third model, composed of consensual guidelines, must be translated into local district policies and practices.…
Descriptors: Cultural Differences, Elementary Secondary Education, Guidelines, Protestants
Dowling-Sendor, Benjamin – American School Board Journal, 2000
A Colorado superintendent allowed to resign for personal reasons later sued the district, claiming confidentiality provisions had been breached. The Colorado Supreme Court reversed lower court rulings favoring the district. The settlement agreement does not violate the First Amendment, but merely applies state law requiring people to keep their…
Descriptors: Boards of Education, Confidentiality, Contracts, Dismissal (Personnel)
Zirkel, Perry A. – Principal, 2001
Discusses 10th Circuit Court decision upholding constitutionality of Oklahoma school district's policy that prohibited, with certain exceptions, part-time school enrollment, thus denying home-schooled student from taking certain specialized courses. (PKP)
Descriptors: Board of Education Policy, Court Litigation, Elementary Secondary Education, Federal Courts