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…

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…

Public employees have the right to engage in political activity on issues of public concern--even those issues that relate to education. Advocacy for a particular candidate on a ballot or taking a side on a referendum clearly are issues of public concern and therefore protected. Conversely, speech that involves a purely personal matter is not…

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…

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…

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

This paper argues that courts have tended to identify and enforce individual rights at the expense, in many instances, of the ability of school boards and legislatures to carry out what they perceive to be the will of the majority of voters in their jurisdictions. The trend emphasizing individual rights began in 1954 with the Supreme Court…