State compulsory attendance statutes require parents and legal guardians to see that children are educated. Although courts have consistently upheld such statutes, the nature of these filings has changed. Whereas early-day legal action usually sought to protect the rights of some select group from constitutional infringement, more recent suits…

Intended to act as a general introduction for high school and college students, this book presents an annotated bibliography of books, periodical articles, legal materials, and other documents dealing with the subject of intellectual freedom and censorship. The book is divided into five parts: (1) "The Theoretical Foundations of Censorship…

This paper examines four issues related to religion and the public schools: (1) released-time education; (2) variations in interpretation of court decisions; (3) teacher attitudes toward religious instruction; and (4) freedom of religious expression. Released-time education programs were held to be constitutional in "Zorach v. Clauson."…

To assist public school administrators in identifying constitutionally permissible religious observances of national religious holidays, this paper analyzes a federal appellate court case, Florey v. Sioux Falls School District, in which it was found that public schools would not violate the First Amendment by observing religious holidays if the…

Reviews court decisions on creationism, science, and separation of church and state in relation to 1st and 14th amendments,establishment clause, and free exercise clause. Discusses fundamentalist interpretation of evolution and concept of "scientific neutrality." Proposes that rights of religious minorities are best served if teaching of…

Reviews federal court cases relating to First Amendment rights and student publications. Includes five sections: (1) background of the problem, (2) freedom of press and right to edit, (3) diminished rights of minors, (4) unprotected speech and legal limitations on it, and (5) public forum doctrine and course curriculum theory. Includes extensive…

Presents a brief conceptual background on the First Amendment freedoms and due process. Offers three case studies to help students explore the issue of balancing First Amendment freedoms with the governmental responsibility for the common good. (JDH)

This article examines the interrelated legal and scientific nature of the creationism controversy. It discusses "McLean vs. Arkansas Board of Education" and analyzes current tactics used by creationists, concluding that they are constitutionally impermissible. An approach is proposed that balances First Amendment interests with the need…

Supreme Court rulings of the last five years regarding freedom of speech are examined. There have been a wide range and variety of free speech developments during this period. (RM)

Reviews judicial decisions involving school staff evaluation systems. Courts remain reluctant to interfere with the summative evaluation process of a school district. Administrators must apply reasoned, ascertainable standards in employment decisions in order to withstand judicial scrutiny amid the array of legal constraints on the evaluation of…

Since the passage of the Sedition Act in 1798, Congress has passed, during periods of grave national danger, legislation which appears to violate the first amendment. How the courts can justify these laws is the focus of case studies which can be used in secondary U.S. history classes. (RM)

The First Amendment protects editors of school newspapers. Accordingly, school policy should offer students due process rights, and the newspaper adviser, who is instrumental in controlling the content of student publications, should be chosen with care. (TE)

Debates over the separation or accommodation of religion and government have divided the United States since its founding. This collection of over 70 primary documents represents the ideas and issues on the interpretation of the United States Constitution's First Amendment clauses pertaining to establishment and free exercise of religion. The…

Examines court decisions which led to the passage of the Equal Access Act of 1984. Although the act was designed to clarify the issue over the legality of permitting religious clubs to meet on school property, it may have created more confusion. Concludes that the Supreme Court may have to decide the issue. (SLM)

Nineteenth-century common schools offered no course about religion or its role in American society. Moral education up through the mid-20th century embodied a kind of generalized Christianity. If universalized versions of the Golden Rule and the Ten Commandments prevail, educators should reconsider the merits of common-school philosophy. Contains…