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…

This paper presents the annual report of the Foundation for Individual Rights in Education (FIRE) for 2009. The year 2009 was momentous for FIRE, for it marked its tenth anniversary. In the last decade, FIRE has been remarkably successful at fighting to secure basic rights of free speech and conscience on college campuses. It has fought for…

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…

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…

This paper discusses current court rulings on academic freedom at the college and university level. The paper focuses on three cases: "Hall v. Kutztown," in which the U.S. District Court for the Eastern District of Pennsylvania ruled that Kutztown University violated the free speech rights of a philosophy professor when it rejected him…

Discusses a 1984 United States Supreme Court ruling against 20 faculty members not belonging to the Minnesota Community College Faculty Association (MCCFA) who alleged that their right to meet and confer with their employers over employment terms and conditions was violated by MCCFA representation excluding nonunion members. (JBM)

A discussion of sexual harassment on American college campuses focuses on the case of Silva v. University of New Hampshire. The article examines the university's responsibility to protect students from sexual harassment while at the same time protecting freedom of expression. Various examples are presented in an attempt to define sexual…

An analysis of policy documents from six national organizations that promote intellectual and academic freedom for teachers and students supports the need for school systems to develop and articulate guidelines for addressing challenges to instructional methods and materials used in the schools. Recommended actions are discussed. (SM)

Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech--though the privilege is not limitless--and to due process and equal protection under the law. (Author/DCS)

Targeted by the "California Fact-Finding Committee on Un-American Affairs" in 1946, Frances Eisenberg subsequently was dismissed from the Los Angeles Public School System after 20 years of teaching. In 1947, the "Tenney Committee" introduced eight bills in the California legislature to prevent the teaching of controversial…

This paper is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It discusses teachers' rights to private and public speech. Specifically, it examines the rights of special-education teachers and other special-education professionals to advocate, privately or publicly, on…

Classroom speech of public-school teachers is a messy subject with regard to the tension between various societal demands and basic rights of students, teachers, and others at school sites. The demands are not always consistent, and rights are subject to different interpretations depending on which court decision forms the underlying basis for a…

The concept of academic freedom originated in situations related to higher education. Although academic freedom may apply to professors, it is far from clear how, and even why, academic freedom applies to classroom K-12 teachers. This paper treats the balancing of teacher and school district rights in suits brought by teachers who claimed that…

The principal is faced with myriad legal issues on a daily basis, making it imperative that he or she keep abreast with developing legal issues. The first of four sections, "Students and the Law," surveys federal statutes and landmark Supreme Court decisions pertaining to the rights of students. It addresses legal issues regarding search and…

Two articles in this instructional newsletter elucidate rulings by the United States Supreme Court, Circuit Court of Appeals, and District Courts affecting state sponsored school prayer: (1) "First Amendment Prayer Pendulum"; (2) "First Amendment. Rosenberger v University of Virginia." The newsletter provides the facts of the…