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Morris, Arval A. – 1983
The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…
Descriptors: Academic Freedom, Constitutional Law, Elementary Secondary Education, Employer Employee Relationship
Joyce, Robert P. – Legal Memoradum, 1986
The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due…
Descriptors: Constitutional Law, Court Litigation, Discriminatory Legislation, Due Process
Peer reviewedAntonini, Thomas J.; And Others – Journal of College and University Law, 1987
Court litigation and decisions concerning the conflict between first amendment rights of free speech for United States citizens and the rights of controversial international figures, invited by college faculty to speak on campus, are discussed and compared. (MSE)
Descriptors: College Faculty, Conflict of Interest, Constitutional Law, Controversial Issues (Course Content)
Peer reviewedRusso, Charles J.; Delon, Floyd G. – NASSP Bulletin, 1999
Disagreements over teachers' First Amendment, academic-freedom rights in curricular contexts are again receiving judicial attention. Two federal cases involving termination of exemplary high-school drama and creative-writing teachers have upheld school boards' authority to control curriculum context in disagreements over permissable subject matter…
Descriptors: Academic Freedom, Boards of Education, Censorship, Controversial Issues (Course Content)
Frels, Kelly, Ed.; Horner, Jeff, Ed.; Camp, Bill, Ed.; Robinson, Vianei Lopez, Ed. – 1996
Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…
Descriptors: Boards of Education, Constitutional Law, Copyrights, Court Litigation
Stevenson, James A. – 1983
America's legal-educational history is filled with scores of cases of alleged radical teachers who have been legally excluded or removed from public school positions. Only a few of these cases have involved the First Amendment issue of inclass utterances by radicals. Such cases are significant because they highlight the established society's…
Descriptors: Academic Freedom, Court Litigation, Elementary Secondary Education, Freedom of Speech
Download full textGarner, Dana R. Monts – 2000
For public school student teachers and teachers, many situations can result in judicial proceedings. Educators must understand requirements mandated upon them by the country's courts and legislatures. Student teachers must learn about the numerous legal issues possible in order to protect themselves against becoming involved in court cases. The…
Descriptors: Accountability, Civil Rights, Court Litigation, Educational Legislation
Oregon Univ., Eugene. Center for Educational Policy and Management. – 1983
This guide for school district administrators presents workshop materials for administrators' mutual training. The guide assists administrators in preventing lawsuits by teachers against the district for violations of the First Amendment right to freedom of speech. Section 1, the introduction, offers two objectives: to acquaint administrators with…
Descriptors: Academic Freedom, Administrator Guides, Administrator Role, Court Litigation
Peer reviewedSmith, Sonya G. – Journal of College and University Law, 1998
Examines the issue of a professor's First Amendment right to academic freedom vs. a student's right to an effective learning environment free from sexual harassment in a 1996 case, Cohen vs. San Bernardino Valley College. Also explored is the right of a public employee to free speech. Recommendations are offered to college administrators on…
Descriptors: Academic Freedom, Administrative Policy, Case Studies, Classroom Communication
Beckham, Joseph, Ed.; Zirkel, Perry A., Ed. – 1983
The relationship between public schools and their employees is one of the most frequently litigated aspects of American education. Accordingly, the chapters in this text present a comprehensive and current report of legal issues in public school employment. Chapter titles and authors are as follows: (1) "Critical Elements of the Employment…
Descriptors: Collective Bargaining, Constitutional Law, Court Litigation, Court Role
Update on the Courts, 1995
Two articles in this instructional newsletter elucidate rulings by the United States Supreme Court, Circuit Court of Appeals, and District Courts affecting state sponsored school prayer: (1) "First Amendment Prayer Pendulum"; (2) "First Amendment. Rosenberger v University of Virginia." The newsletter provides the facts of the…
Descriptors: Church Role, Churches, Citizenship Education, Civil Law
Peer reviewedHaiman, Franklyn S. – Communication Education, 1987
Focuses on the problem of censorship in the public high schools, examining the legal aspects of censorship in that setting. (NKA)
Descriptors: Academic Freedom, Administrators, Board of Education Role, Censorship
Russo, Charles J., Ed.; Polansky, Harvey, Ed.; Wood, R. Craig, Ed. – 2001
This book provides school business administrators with an introduction to a variety of legal issues relevant to their professional roles. The book is divided into three major sections: management issues, employment issues, and constitutional issues. The topics covered in the seven-chapter section on management issues include board and district…
Descriptors: Board of Education Policy, Charter Schools, Constitutional Law, Contracts
National School Boards Association, Alexandria, VA. Council of School Attorneys. – 1986
These legal documents and discussions represent a variety of litigations concerning state statutes and federal regulations. Part A, "Preventing a Law Suit," offers suggestions for avoiding employee termination lawsuits and presents documents for teacher evaluation and for teacher termination and grievance hearings. "New and Emerging…
Descriptors: Age Discrimination, Alcoholism, Board of Education Policy, Civil Rights
