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Crystal L. Mallett – ProQuest LLC, 2024
Social media is ubiquitous in today's society, and classrooms are not exempt. When social media interrupts education, whether by preventing engagement with the lesson or by creating inappropriate interactions or relationships, policies must be put in place to keep learning the priority. With that caution, though, school districts must be sure to…
Descriptors: Social Media, Teacher Behavior, Teacher Rights, Freedom of Speech
Patterson, Nancy C., Ed.; Chandler, Prentice T., Ed. – IAP - Information Age Publishing, Inc., 2022
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…
Descriptors: Elementary Secondary Education, Stakeholders, Attitudes, Student Rights
Schalin, Jay – John William Pope Center for Higher Education Policy, 2016
Academic freedom is at the very center of the modern university; it promotes discovery and teaching of the best possible knowledge. The need for improved regulations governing academic freedom is currently growing as a century-long consensus that focused on granting faculty members the most expansive academic freedom rights is breaking down; other…
Descriptors: Academic Freedom, Universities, College Faculty, Freedom of Speech
Hayes, Sonya D.; Burkett, Jerry R. – Journal of Cases in Educational Leadership, 2018
Monica Williams, a beloved counselor of an urban middle school, is shocked to learn that she is being terminated for a comment she made on Facebook. This case was developed for use in an educational leadership course for students to evaluate an educator's right to freedom of speech in relation to social media. Instructors can use the case to…
Descriptors: Social Media, Constitutional Law, Urban Schools, Middle Schools
Wood, Jo Nell; Brack, Karen – Journal of School Public Relations, 2011
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…
Descriptors: Teacher Rights, Constitutional Law, Freedom of Speech, Social Networks
Simpson, Michael D. – Social Education, 2010
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,…
Descriptors: Controversial Issues (Course Content), Academic Freedom, Constitutional Law, Thinking Skills
McCarthy, Martha – National Association of Secondary School Principals (NASSP), 2008
What is the scope of First Amendment free expression rights of public school employees and students? Following a long period with no Supreme Court rulings pertaining to public employee or student speech, the Court since 2006 has delivered significant opinions in this regard. These decisions continue the trend of narrowing the circumstances under…
Descriptors: Public Schools, Freedom of Speech, Constitutional Law, Student Rights

Jo, Seog Hun – Journal of Law & Education, 2002
Explores tests for determining teachers' free-speech rights established in two Supreme Court decisions: "Pickering" and "Connick." Analysis includes discussion of confusion between teacher's status as a citizen and that of an employee. Concludes that courts should use the balancing principle in "Pickering" to…
Descriptors: Court Litigation, Elementary Secondary Education, Freedom of Speech, Teacher Rights
Zirkel, Perry A. – Phi Delta Kappan, 1999
A federal district court reinstated a competent volleyball coach when her Utah district reassigned her after discovering her gayness. The case seems a clear-cut lesson for school officials. Closer examination reveals the line drawn (between private behavior and public expression) that administrators and judges face when addressing homosexuality.…
Descriptors: Court Litigation, Freedom of Speech, High Schools, Physical Education
Zirkel, Perry A. – Phi Delta Kappan, 2001
Describes facts and law leading to Third Circuit Court of Appeals decision to remand for trial a middle-school teacher's claim that suburban Philadelphia school district retaliated against her for advocating the raising of multicultural awareness, thus violating her First Amendment rights of free speech. Discusses implications for teachers and…
Descriptors: Constitutional Law, Court Litigation, Federal Courts, Middle Schools

Hiers, Richard H. – Journal of College and University Law, 2002
Analyzes the origins of recent federal appellate decisions' divergence from the Supreme Court's identification of teachers' or faculty's academic freedom as "a special concern of the First Amendment." Suggests ways in which academic freedom might better be accorded its rightful importance within the framework of current Supreme Court…
Descriptors: Academic Freedom, College Faculty, Court Litigation, Freedom of Speech
Kallio, Brenda; Geisel, Richard – National Association of Secondary School Principals (NASSP), 2007
Public schools are unique environments where the rights and responsibilities of one individual or group can easily, if unintentionally, infringe on the rights and responsibilities of other individuals or groups. This can leave public school employees wondering about the nature and scope of their rights. While it is well established that public…
Descriptors: Work Environment, School Personnel, Principals, Secondary School Teachers

Zirkel, Perry A. – NASSP Bulletin, 1997
In 1995, members of the local teachers' association sued the Colonial School District in eastern Pennsylvania regarding a policy prohibiting political activities at official polling places on school property during nonworking hours. The court decided in the teachers' favor, declaring the policy unconstitutional. Generally, teachers' partisan…
Descriptors: Court Litigation, Elementary Secondary Education, Freedom of Speech, Professional Associations

Zirkel, Perry A. – Educational Leadership, 1993
Supreme Court has delineated three-step test to First Amendment cases brought by public employees, including tenured and nontenured teachers' academic freedom cases. Is teacher's conduct "protected expression" that concerns public issue without unduly rocking boat? If so, is protected expression the motivation behind district's adverse…
Descriptors: Academic Freedom, Court Litigation, Elementary Secondary Education, Freedom of Speech
Zirkel, Perry A. – Principal, 2001
Discusses Eighth Circuit Court's upholding of an Oklahoma nontenured second-grade teacher's claim of religious discrimination and violation of First Amendment right of expression when school board declined to renew her contract on recommendation of a principal concerned with parent objections to New Age thinking in a letter sent home attached to a…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Freedom of Speech