Purpose: The purpose of this study was to describe and analyze the conduct implications of qualified immunity in allegations of deprivation of civil rights by public school administrators regarding the First Amendment-student speech. Methodology: Data were collected using the LexisNexis and JuriSearch online legal research systems, which…

The American Library Association's (ALA) "Library Bill of Rights" is important to school librarians because it provides the philosophical structure for intellectual freedom in school libraries and asserts the rights of minors. It states: "A person's right to use a library should not be denied or abridged because of origin, age,…

This article provides some strategies to alleviate the current tensions between personal responsibility and freedom of speech rights in the public school classroom. The article advocates the necessity of making sure students understand the points and implications of the first amendment by providing a mock trial unit concerning free speech rights.…

Of the three branches of government, the Supreme Court usually receives the least national attention. Not so this year. In addition to another changing of the guard with the retirement of Justice Stevens and the nomination of Elena Kagan, the 2009-2010 term generated a great deal of controversy. And in a number of instances, the public's keen…

This article discusses the regulation of teacher dress and its intersection with the First Amendment of the U.S. Constitution, individual State Religious Garb Statutes, and Title VII of the Civil Rights Act of 1964.

Richard Komer's paper helpfully and carefully shows that, after the Supreme Court's 2002 ruling in Zelman v. Simmons-Harris, a formidable obstacle to choice-based educational reform has been removed, and also that other, no-less-formidable obstacles remain, in the form of anti-aid provisions contained in various states' own constitutions. This…

Social studies and history teachers should be free to expose students to controversial ideas and to teach critical thinking skills. But are they free? Do they have the constitutional right--call it academic freedom--to teach what they want and to discuss controversial issues in the classroom? The short answer is "no." In this article,…

This dissertation is a "public forum" legal case study on the federal court case "Madison v. Wolf" (2005) involving a conflict over the exercise of First Amendment speech rights on the Auraria Higher Education Center (AHEC) campus in Denver, Colorado. The dissertation involves the content analysis of the "Mason v.…

Legal scholars rarely focus on student First Amendment rights, and general public understanding of the extent of these rights is vague at best. While media scholars have focused much attention on newspaper coverage of more mainstream issues, no notable attention has been given to examining the way news media cover student First Amendment rights.…

Federal court cases are examined in an effort to view recent First Amendment rights infringements which have occurred in Mississippi. Case law reinforces students' rights to wear same-sex outfits to school functions as well as to bring same-sex dates. Connection to a recent civil rights investigation by the NAACP into a north Mississippi middle…

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…

Despite past lessons, book-banning continues to exist at all levels within our democratic society. This case presents a realistic scenario when the school district, facing a book challenge by a concerned parent, responds by removing the book from the library. On the basis of a true story, the study features a parent of an elementary child…

The use of electronic reading devices has proliferated in the last few years. These reading devices appear to be particularly popular with young readers. A generation of students that has grown up with computers, cell phones, iPods, and other high-tech devices is more likely to embrace electronic book technology for both their educational and…

There seems to be an unwritten agreement among most Americans that there are three topics that are best avoided in polite company: (1) politics; (2) personal finances; and (3) religion. The American reluctance to discuss religion with acquaintances at a dinner party or picnic may be a part of a larger phenomenon: a manifestation of the secularism…

Founded in 1982, Banned Books Week is celebrated annually during the last week in September and will be observed from September 26-October 3 in 2009. The event acknowledges Americans' right to read the books of their choice regardless of whether the ideas, language, or images are controversial. This annual observance of banned books is a good…