This study explores four instances where parental choice has been employed as a legal "circuit breaker": (a) First Amendment Establishment Clause cases related to public funding, (b) Fourteenth Amendment Equal Protection cases regarding race-conscious student assignment, (c) Title IX regulations concerning single-sex education, and (d) a…

Principals have acknowledged the challenges with remaining current on issues in the law. A unique challenge for principals is the intersection of students' First Amendment rights in the school context and the legal issues surrounding student-created webpages. Using a randomly selected sample of Ohio high school secondary principals, I investigated…

School districts are facing a sensationalized and alarming trend of unprofessional conduct and social media misuse by public school teachers. Likewise, recent court cases as well as highly publicized scandals raise concern that inappropriate relationships between teachers and students can be initiated through online social media. These emergent…

Growing litigation between the National Collegiate Athletic Association (NCAA), its member institutions, and student athletes has caused concern for both student athletes and colleges and universities. This qualitative research utilized a legal-historical, document-based method of inquiry. The research analyzed cases between 1953-2012 involving…

On September 9, 2009, the Ninth Circuit U.S. Court of Appeals ruled that officials from Everett School District #2 in Mill Creek, Washington did not violate student Kathryn Nurre's constitutional rights to free speech by denying the Jackson High School Wind Ensemble the opportunity to perform an instrumental version of Franz Biebl's "Ave…

Support for student expression and First Amendment attitudes were measured among Missouri high school principals (n = 86). Findings demonstrated that the third-person effect was a significant predictor of these attitudes. The more principals perceived mass media to affect others over themselves, the less supportive they were for student free…

As schools across the country face increasing fiscal restraints, school library professional positions are being eliminated at an alarming rate. As a result, many school librarians are becoming the only certified library professional in a district, serving multiple schools and grade levels. Suddenly, each is a solo librarian. As a solo librarian…

This article investigates the issues surrounding teachers' use of social networking media and their First Amendment rights. It focuses on the need to develop a school district policy outlining specific guidelines for the use of technology and social networking. It also focuses on the changing world of technology and social networking as well as…

In the early 1980s, the University of Notre Dame Law School's Center for Constitutional Studies surveyed 801 religiously affiliated colleges to determine which federal laws and regulations had a "serious potential" of interfering with the character and mission of the schools. From the 226 responses, the Center identified 11 issues, three…

Rather than anticipating an issue or proactively addressing it, college and university administrators often find themselves in the position of reacting to recent laws or court decisions. This paper examines an issue ripe for proactive thought; an issue not yet directly considered in court cases: free speech and the student employee. In the…

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).…

Understanding what motivates people to challenge books and how community members react to these challenges can help librarians find better ways to work with challengers to come to equitable solutions. This study focused on the motives behind challenges to the acclaimed children's book "And Tango Makes Three" and the reasoning given by…

America's colleges and universities are supposed to be strongholds of classically liberal ideals, including the protection of individual rights and openness to debate and inquiry. Too often, this is not the case. Across the country, universities deny students and faculty their fundamental rights to freedom of speech and expression. The report…

This research examined the knowledge of the first amendment to the Constitution of the United States of America possessed by teachers in two secondary high schools in East Tennessee. Additionally, an attempt to evaluate the relationship between church attendance in protestant evangelical churches and the teacher's ability to address church/state…

The U.S. Supreme Court has called America's colleges and universities "vital centers for the Nation's intellectual life," but the reality today is that many of these institutions severely restrict free speech and open debate. Speech codes--policies prohibiting student and faculty speech that would, outside the bounds of campus, be…