The American Library Association's (ALA) "Library Bill of Rights" is important to school librarians because it provides the philosophical structure for intellectual freedom in school libraries and asserts the rights of minors. It states: "A person's right to use a library should not be denied or abridged because of origin, age,…

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.…

This article discusses the steady stream of litigation that emerged shortly after the Pledge of Allegiance was introduced in 1892. The constitutionality of requiring students to take part in its daily recitation in schools continues to be challenged. Parents who objected to the statute and the words "under God" in the pledge filed suit, alleging…

In June 2011 the U.S. Supreme Court ruled that video games enjoy full free speech protections and that the regulation of violent game sales to minors is unconstitutional. The Supreme Court also referred to psychological research on violent video games as "unpersuasive" and noted that such research contains many methodological flaws.…

Of the three branches of government, the Supreme Court usually receives the least national attention. Not so this year. In addition to another changing of the guard with the retirement of Justice Stevens and the nomination of Elena Kagan, the 2009-2010 term generated a great deal of controversy. And in a number of instances, the public's keen…

This article discusses the regulation of teacher dress and its intersection with the First Amendment of the U.S. Constitution, individual State Religious Garb Statutes, and Title VII of the Civil Rights Act of 1964.

University administrators who have distance learning programs under their charge are on the horns of a dilemma. Given the growing litigiousness of copyright holders and the unsettled state of the law, it has become very difficult to establish failsafe administrative rules to guide faculty and student use of copyrighted materials. But the use of…

This paper presents the annual report of the Foundation for Individual Rights in Education (FIRE) for 2010. FIRE's approach in 2010 was centered on altering the incentive structure for universities by using both "carrots" and "sticks" to produce positive reforms and long-term results. These efforts gained significant force in September, when FIRE…

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,…

In the midst of an attempt by Arizona's legislature and top education official to shut down ethnic-studies courses in the Tucson Unified School District, students at Tucson High Magnet School are flocking to the courses this school year. School district officials say enrollment in Mexican-American studies in Tucson Unified's 14 high schools has…

Given the current national debate over immigration reform and the plethora of anti-immigrant policies, practices, and laws, school curriculums should include materials that will allow students to learn about, and reflect on, the impact this debate has on the lived realities of those most impacted. Specifically, teachers and their students will…

In recent decades, the environment has become a focus of intense national interest. Increasingly, individuals, organizations, and governmental entities have turned to the courts for resolution of environmental debates. Litigants in the courts must, however, clear the initial hurdle of "standing" to have their cases heard. In this article,…

This article will address the sources of the laws impacting Catholic education, particularly constitutional law, statutory and regulatory law, and contract law. Specific issues related to these areas will be discussed, including discipline, lifestyle and belief, negligence, sexual abuse, boundaries, confidentiality, cyberspace, and safety. The…

"Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

Arizona's variation on government vouchers for religious schools and California's prohibition on the sale of violent video games to minors present the top two cases with implications for education in the U.S. Supreme Court term that formally begins Oct. 4. New Justice Elena Kagan brings to the court extensive education policy experience as a…