This document records testimony from a hearing before the Subcommittee on Higher Education and Workforce Development of the Committee on Education and the Workforce on protecting free speech on college campuses. Opening statements were provided by: (1) Honorable Burgess Owens, Chairman, Subcommittee on Higher Education and the Workforce…

Background or Context: Public school library book challenges have garnered ample media attention in recent years as many school districts and advocacy organizations have reported record numbers of book challenges. Book challenges are not a new phenomenon, historically speaking, but they have often illuminated values clashes in communities and…

A 2020 lawsuit involves a public school teacher who refused to address transgender students by their preferred names because of his religious beliefs. This case is particularly significant because it is the first K-12 decision that analyzes this matter. This issue has important policy implications for schools and students.

The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach,…

Heated battles over free speech have erupted on college campuses across the United States in recent months. Some of the most prominent incidents involve efforts by students to prevent public appearances by speakers espousing controversial viewpoints. Efforts to silence offensive speakers on college campuses are not new; in these endeavors, one can…

In today's public secondary schools, administrators face challenges that prior generations never anticipated, one of which is the T-shirt conundrum. The T-shirts that students wear to class contain all sorts of messages and images, many of which administrators may well consider inappropriate. This article is intended to help beleaguered educators…

Imagine a teacher who posted pictures of their favorite presidential candidate during the election season or a teacher who displayed a poster with the tenets of Scientology in the classroom. At issue in those scenarios is the extent to which teachers' expression in the classroom is protected by the First Amendment. This column focuses on a recent…

This case demonstrates the multifaceted nature of the school uniform debate. It shows how conflicts and tensions between stakeholder groups develop and persist when policymakers and school leaders allow hidden agendas and communication barriers to subvert the decision- and policymaking processes. In particular, the case demonstrates what happens…

Music with sacred texts is integral to the historical and modern development of the music education field, yet many who teach in public schools find themselves limited or banned from using sacred music. School divisions do not have a consensus opinion on how to handle this sensitive topic, and the law is not explicit. In this article, I provide an…

As the 2006 Supreme Court decision in "Garcetti v. Ceballos" continues to reverberate in academe, the best way for faculty members to defend their academic freedom is not through the courts but through clear university policies. A promising alternative to the First Amendment approach is to follow the example of private universities in…

Online activities increasingly represent a common part of the student experience. Along with seeking to engage students in positive ways in relation to their online activities, colleges and universities must also deal with instances of when students' online expression potentially violates campus conduct standards. This article provides a review of…

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…

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…

This article discusses some basic principles that can guide principals' decisions on when and how to regulate student dress. Like many school issues, implementing a dress code or uniform policy involves both the constitutional rights of students and the responsibilities of school officials. As a result, with dress codes and many other concerns,…

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,…