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Preston Green; Bruce Baker; Suzanne Eckes – Peabody Journal of Education, 2024
Between 2017 and 2022, the U.S. Supreme Court examined three cases that involved states that tried to limit the use of public money to support religious-affiliated schools. The Supreme Court found a violation of the Free Exercise Clause in all three cases. Although not the focus of the Court's opinions, these cases may have created avenues for…
Descriptors: Constitutional Law, Religion, Court Litigation, Racism
James G. Martin Center for Academic Renewal, 2020
Freedom of association is a fundamental right guaranteed by the first amendment. This encompasses the right of individuals to voluntarily join and leave groups, as well as the right of individuals to form groups to pursue common interests. This right makes it possible for people with diverse opinions to live peacefully in pluralistic communities…
Descriptors: Civil Rights, Freedom, Higher Education, Constitutional Law
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Welner, Kevin G. – National Education Policy Center, 2022
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…
Descriptors: Court Litigation, State Courts, Charter Schools, Federal Legislation
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Bindewald, Benjamin J.; Rosenblith, Suzanne; Green, Bob – Educational Studies: Journal of the American Educational Studies Association, 2017
Restricting public employees' free exercise rights or the State to maintain neutrality toward religion has been longstanding precedent in the United States. It has certainly been the case in US public schools beginning in the 1940s and affirmed through the courts over and again through much of the 20th century. The aftermath of 2 recent Supreme…
Descriptors: Freedom, Religion, Public Schools, Democracy
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Barker, Tess; McLittle, Amanda L. – Journal of College and University Student Housing, 2018
Residential communities are a critical component of many students' experience on a college campus, especially during their first year. Residential communities have been associated with a variety of positive outcomes, including persistence, openness to diversity, satisfaction, critical thinking, and personal development (Astin, 1977 & 1993;…
Descriptors: Civil Rights, Constitutional Law, Residential Schools, Place of Residence
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Inazu, John D. – About Campus, 2018
In this engaging interview, John D. Inazu identifies confident pluralism as the way for us to thrive in connection even when divided by deep differences. Since our differences are not just going to go away, we need to learn to live with others with whom we do not agree. Inazu explains that tolerance, humility, and patience are the foundational…
Descriptors: Cultural Pluralism, Higher Education, Social Attitudes, Social Justice
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Herbeck, Dale A. – Communication Education, 2018
Heated battles over free speech have erupted on college campuses across the United States in recent months. Some of the most prominent incidents involve efforts by students to prevent public appearances by speakers espousing controversial viewpoints. Efforts to silence offensive speakers on college campuses are not new; in these endeavors, one can…
Descriptors: Freedom of Speech, School Policy, Social Bias, Social Attitudes
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Cohen, Mark – Social Education, 2014
If there is one thing that teenagers like to talk about when it comes to the law, it's who does and does not have the right to search their "stuff." And in the world of "stuff," there is nothing more important to average American teenagers than their cell phones. So when, in the waning days of its 2013-2014 term, the U.S.…
Descriptors: Court Litigation, Telecommunications, Religion, Lesson Plans
Pew Research Center, 2019
Religion in public schools has long been a controversial issue. The U.S. Supreme Court ruled in 1962 that teachers and administrators cannot lead prayers in public schools, and a decision in 2000 barred school districts from sponsoring student-led prayers at football games. At the same time, the court has held that students retain a First…
Descriptors: Religion, State Church Separation, Constitutional Law, School Prayer
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Perrine, William M. – Philosophy of Music Education Review, 2013
On September 9, 2009, the Ninth Circuit U.S. Court of Appeals ruled that officials from Everett School District #2 in Mill Creek, Washington did not violate student Kathryn Nurre's constitutional rights to free speech by denying the Jackson High School Wind Ensemble the opportunity to perform an instrumental version of Franz Biebl's Ave Maria at…
Descriptors: Court Litigation, Civil Rights, Freedom of Speech, Musical Instruments
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Johnson, Corey W. – Schole: A Journal of Leisure Studies and Recreation Education, 2015
This four-day learning activity on the controversy of exclusion of gays and subsequently atheists in Boy Scouting is particularly relevant because it highlights the complexities that surround issues of equality, equity, the provision of leisure services, First Amendment rights, and the implications of court decisions on social justice. This lesson…
Descriptors: Debate, Inclusion, Simulation, Recreational Activities
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Hutchens, Neal; Block, Jason; Young, Marianne – Counselor Education and Supervision, 2013
In 2 recent legal cases, graduate counselor education students challenged the imposition of remediation plans as violating their First Amendment rights of freedom of speech and religion. With special emphasis on this recent litigation, the article examines the legal standards governing the authority of counselor educators at public colleges and…
Descriptors: Freedom of Speech, Counseling, Sexual Orientation, Constitutional Law
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Warnick, Bryan R. – Educational Theory, 2012
In this essay Bryan Warnick explores how rights to religious expression should be understood for students in public schools. Warnick frames student religious rights as a debate between the conflicting values associated with the Free Exercise Clause and the values associated with the Establishment Clause of the United States Constitution. He then…
Descriptors: Religion, Educational Environment, Politics of Education, Educational Policy
Russo, Charles J. – School Business Affairs, 2010
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…
Descriptors: Parent Rights, Civil Rights, Constitutional Law, Court Litigation
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Erkiliç, Turan Akman – Eurasian Journal of Educational Research, 2013
Problem Statement: The Constitutions are the main sources of legality for democratic societies. The 1961 and 1982 Constitutions have dominated the last fifty years of Turkey. In this regard, it is essential to examine and comment academically on the way these Constitutions and their amendments address the rights of education, freedom of thought…
Descriptors: Religious Education, Religion, Freedom, Comparative Analysis
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