Freedom of expression is the core political ideal undergirding American democracy and recent attacks on freedom of speech are a direct threat to the liberties and rights guaranteed in the United States Constitution. Freedom of expression is essential for participatory democracy, scientific progress, individualism, and civic education in K-12…

The objective of this edited volume is to shed light upon K-12 perspectives of various school stakeholders in the current unique context of increasing political polarization and heightened teacher and student activism. It is grounded in academic freedom case law and the majority of opinion of the Supreme Court in the Tinker v. Des Moines…

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 past few years have seen an increase in partisan political attempts to restrict the public education curriculum and to portray some forms of public education as a social harm. Two targets are particularly evident: teaching about the history, policies, and actions of the state of Israel and teaching about the history and perpetuation of racism…

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,…

This policy memo examines some fundamental shifts, along with their real-world implications, within the past 60 years of Supreme Court jurisprudence, up to and including the current "Carson v. Makin" case. The Supreme Court is just a few small steps away from transforming every charter school law in the U.S. into a private-school voucher…

Courts have long held that public school teachers are "state actors" when they carry out the duties of their job. Despite this, very few teacher preparation programs include an education law class. In order to understand teachers' legal literacy, a survey was given to 300 public school teachers in Indiana. The survey assessed knowledge…

This article examines conflicts that have unfolded over the past 75 years regarding the separation of church and state in American public education. Through discussion of the Establishment and Free Exercise Clauses as articulated in the First Amendment to the "US Constitution," as well as influential court cases that have set legal…

Council for American Private Education (CAPE) is a coalition of national associations serving private schools K-12. "Outlook" is published monthly by CAPE. This issue contains the following articles: (1) U.S. Supreme Court Hears Religious School Case; (2) ESEA Bill Would Exclude Private Schools from BRS Program; (3) Duncan Dialogues with…

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…

Council for American Private Education (CAPE) is a coalition of national associations serving private schools K-12. "Outlook" is published monthly by CAPE. This issue contains the following articles: (1) Supreme Court Issues 9-0 Ruling in Religious School Case; (2) White House Honors Champions of Change; and (3) CAPE Notes.

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…

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.…

Passed in 2000, the Children's Internet Protection Act (CIPA) mandates Internet filtering for all public schools and libraries. Challenges to the law have been raised on constitutional grounds by free-speech advocates such as the American Library Association and the American Civil Liberties Union. After losing one such challenge in district court,…

Religion plays an important role in social studies content and is difficult to ignore, especially because of current world events. In our global society, it is more important than ever to know about and understand the religious beliefs of others. The social studies curriculum is infused with religion, but teachers circumvent the issue, mistakenly…