While freedom of speech is a defining characteristic of the United States, the First Amendment right is often regulated within certain environments. For years, schools have attempted to monitor and regulate student communication both within the educational environment and in student use of social media and other online communication tools.…

One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically…

When Jake Baker wrote a violent, sexually themed story about one of his classmates and emailed it to a friend, the case that ensued highlighted how new technologies have created fresh ways for students to harass, oppress, or be oppressed by others. This article examines concepts of violence and cultural imperialism oppression, primarily as defined…

Video games today give players an unprecedented opportunity to become part of the game. They literally put players in the game. And with rapid technological improvements and endless creativity, games are only becoming more realistic. They are also becoming more violent. Today's games allow players to kill, maim, dismember, and torture victims by…

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…

Each year, the Foundation for Individual Rights in Education (FIRE) conducts a rigorous survey of restrictions on speech at America's colleges and universities. The survey and accompanying report explore the extent to which schools are meeting their legal and moral obligations to uphold students' and faculty members' rights to freedom of speech,…

Each year, the Foundation for Individual Rights in Education (FIRE) conducts a rigorous survey of restrictions on speech at America's colleges and universities. The survey and resulting report explore the extent to which schools are meeting their legal and moral obligations to uphold students' and faculty members' rights to freedom of speech,…

Each year, the Foundation for Individual Rights in Education (FIRE) conducts a wide, detailed survey of restrictions on speech at America's colleges and universities. The survey and resulting report explore the extent to which schools are meeting their obligations to uphold students' and faculty members' rights to freedom of speech, freedom of…

This article presents a teaching case that involves the presentation of an actual incident in which a state commission on judicial performance had to balance a judge's First Amendment rights to protected free speech against his public statements about a societal class/group that were deemed to be derogatory and inflammatory and, hence, cast…

Schools are experiencing an increased level of litigation about issues pertaining to sexual orientation. This monograph provides educators and attorneys with a comprehensive analysis of this litigation along with practical tips for avoiding lawsuits in this sensitive area. The monograph consists of six chapters and addresses the following topics:…

The Internet is a valuable educational tool being utilized in many classrooms today. However, Internet and computer policies restrict and limit how the Internet and computer can be used in a school. An Internet and computer policy typically limits students to use the Internet and computer for educational purposes. If a student violates this policy…

Last year, the Foundation for Individual Rights in Education (FIRE) conducted its first-ever comprehensive study of restrictions on speech at America's colleges and universities, "Spotlight on Speech Codes 2006: The State of Free Speech on our Nation's Campuses." In light of the essentiality of free expression to a truly liberal…

This year, the Foundation for Individual Rights in Education (FIRE) conducted an expansive study of just how pervasive and how onerous restrictions on speech are at America's colleges and universities. Between September 2005 and September 2006, FIRE surveyed over 330 schools and found that an overwhelming majority of them explicitly prohibit…

A University of Michigan policy barred harassment or discrimination based on race, ethnicity, religion, sex, sexual orientation, creed, national origin, ancestry, age, marital status, handicapped, or Vietnam-veteran status. It was declared unconstitutional because it violated First Amendment rights. University officials may rewrite policy or…