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…

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…

What are the boundaries for teachers' freedom of expression in public, secular schools in Canada? Drawing from the constitutional text, legislation, and normative expectations emerging from the literature, this article examines the scope given to teachers' expression in landmark case law. The analysis shows that the binomial of trust and…

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…

Many of the recent legal decisions regarding public employee expression, particularly in electronic environments, run counter to the culture being facilitated by the Internet. This article uses a legal analysis to examine recent decisions and then considers those legal positions within the context of digital expression. (Contains 2 notes.)

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…

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,…

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…

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…

Seeks to answer whether a professor's expression is a matter of public concern in order to qualify for constitutional protection; discusses public concern cases involving faculty expression. Suggests that the professor bears a difficult burden in passing this threshold test and that the scope of professors' protected speech has consequently been…

Reviews the recent history of the Fifth Amendment focusing primarily on its use by government officials during the Iran-Contra hearings and by teachers during the McCarthy era hearings. Concludes that social studies teachers must encourage discussion of the political and philosophical issues contained in the Iran-Contra hearings. (JDH)

Developments in free speech constitutional law have changed the function of public education. Sets forth the facts of "Settle," involving a student's claim to religious expression within a classroom; analyzes the court's decision in light of judicial precedent; and examines implications for the operation of public schools. (76 footnotes)…

Examines the issue of whether public school teachers may be prohibited from wearing religious apparel. Addresses the fundamental distinction between the elementary school setting and the high school setting. Claims the application of garb laws in the context of the public high schools is unconstitutional. (134 footnotes) (MLF)