This article summarizes the applicable judicial analysis for cases in which special education personnel claim that their employing district retaliated against them for advocacy on behalf of students with disabilities. Providing examples of recent relevant court decisions, it traces the applicable essential elements and likely outcomes for such…

Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…

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…

This paper examines the use of cameras in self-contained special education classrooms. It begins with an examination of the legal framework used when administrators are contemplating the implementation of video surveillance within the classroom. It gives a brief summary of the Family Educational Rights and Privacy Act, Individuals with…

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…

History has placed the stamp of approval on the publication of the Pentagon Papers, the top-secret history of the Vietnam War. If WikiLeaks editor-in-chief Julian Assange is another Daniel Ellsberg, then it is possible the website's disclosures will be viewed over time as similarly in the public interest. A classroom discussion on the release of…

This case study focuses on issues of freedom of speech and freedom of religion in public schools. It involves a rural, southern high school where a group of students participated in a Day of Silence. The school allowed the students to participate based on the principal's understanding of the students' First Amendment rights. However, the next day,…

Since the "Tinker" decision, the Supreme Court has maintained that student First Amendment rights are modified by the "special characteristics of the school environment." The nature of these characteristics, however, has not been adequately investigated. The author proposes seven characteristics of schools that are relevant to…

Recent years, increasing diverse attitudes to religious education in the classroom make many private and public school face the controversy of "should religion be taught as a subject at schools?" (Kaiser, 2003; Slattery & Rapp, 2003; Wallace, Forman, Caldwell & Willis, 2003.) As a result, many administrators and teachers are making efforts in…

Although noting that the Securities and Exchange Commission (SEC) has been a valuable ally of journalists, this paper suggests that recent efforts of the SEC in prosecuting the case of R. Foster Winans, Jr., a former writer for the "Wall Street Journal," may be unconstitutional. Following an introduction to the First Amendment issues…

Discusses the case of a Missouri elementary teacher who was dismissed for allegedly immoral behavior. The court determined that her living with a man out of wedlock had not adversely affected her teaching and that her due process rights had been violated by the district. (IRT)

Land remote-sensing satellites are developing as a commercial communications technology after years under a government monopoly. The shift to the private sector and improving quality of the pictures produced have given rise to increased concerns about the potential for violations of privacy rights. Although satellites can currently photograph only…

Military academies have been omitted in considerations of due process standards pertinent to the adjudication of student offenses at colleges and universities. This article cites the study by Michael T. Rose in his book, "A Prayer for Relief," on academy adjudicatory systems. (LBH)

Research about United States Supreme Court rulings, which affect public school policy, has largely disregarded the fact that the Constitution makes no direct reference to education. A method is outlined that may be of use to educational policy makers as they seek to respond to these rulings. The case of "New Jersey v. T.L.O." (469 U.S.,…

The right to form adult consensual intimate relationships is a fundamental personal freedom. A strong and effective university policy against sexual harassment and the recognition of faculty and students' right to privacy will, within the parameters of constitutional guarantees, serve both the university's and the individual's interest.…