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…

When teachers pursue an artistic career parallel to teaching, a potential for conflict arises between the subjects they explore creatively and public expectations regarding the teacher's role as a model of morality. This paper offers a critical analysis of these expectations as articulated in the landmark legal case "Shewan." The paper…

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…

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,…

Virginia State University Carey E. Stronach assigned an undergraduate a final grade of D after the student had failed three classroom quizzes. The student, who claimed to have received A's on two of the quizzes, submitted fax copies of his score sheets to Stronach, who concluded that the student had doctored his scores. The student appealed to the…

In this article, the author makes the point that social studies teachers have a "professional responsibility" to educate students, no matter what protections might or might not be provided by the law, and that "as professionals, their expertise about content, pedagogy, and their students makes it not just acceptable, but mandatory,…

This article explores common misbeliefs and misconceptions that many teachers have about the law of education, focusing on those that have the greatest potential to cause harm to schools, students, and teachers themselves. The myths fall into three categories: myths concerning the legal vulnerability of schools and teachers, myths concerning the…

Analyzes the origins of recent federal appellate decisions' divergence from the Supreme Court's identification of teachers' or faculty's academic freedom as "a special concern of the First Amendment." Suggests ways in which academic freedom might better be accorded its rightful importance within the framework of current Supreme Court…

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…

Supreme Court has delineated three-step test to First Amendment cases brought by public employees, including tenured and nontenured teachers' academic freedom cases. Is teacher's conduct "protected expression" that concerns public issue without unduly rocking boat? If so, is protected expression the motivation behind district's adverse…

This "Update" discusses the impact of the "Seminole Tribe v. State of Florida" decision on higher education. In essence, the Court in this decision rescinded the doctrine of "Eleventh Amendment immunity" and ruled that Congress has only limited power to enact laws that apply to state governmental entities, including…

Examines litigation involving academic freedom, expressive freedom, and drug testing as examples of the shifting balance between teacher rights and school board authority. Concludes that balancing teacher rights with community expectations is difficult, and the scales of justice may not always tip in favor of a teacher's rights. (SG)

This synthesis of current attitudes on academic freedom as defined by lower court and Supreme Court cases describes the (1) framework in which academic freedom operates, (2) powers and limitations of state legislatures and school officials in defining the curriculum and setting policy, (3) rights and limitations of teachers in making curricular…

This chapter provides an overview of academic freedom and tenure as applied to the community college.

Two federal circuit court cases clarify the transactional relationship between the teacher and the educational institution: "McConnell v. Howard University" focuses on the institution's responsibility to provide a proper academic atmosphere; "Maples v. Martin" recognizes the rights of public college professors to communicate professional concerns…