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…

Public employees have the right to engage in political activity on issues of public concern--even those issues that relate to education. Advocacy for a particular candidate on a ballot or taking a side on a referendum clearly are issues of public concern and therefore protected. Conversely, speech that involves a purely personal matter is not…

Explores tests for determining teachers' free-speech rights established in two Supreme Court decisions: "Pickering" and "Connick." Analysis includes discussion of confusion between teacher's status as a citizen and that of an employee. Concludes that courts should use the balancing principle in "Pickering" to…

In 1995, members of the local teachers' association sued the Colonial School District in eastern Pennsylvania regarding a policy prohibiting political activities at official polling places on school property during nonworking hours. The court decided in the teachers' favor, declaring the policy unconstitutional. Generally, teachers' partisan…

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…

Discusses Eighth Circuit Court's upholding of an Oklahoma nontenured second-grade teacher's claim of religious discrimination and violation of First Amendment right of expression when school board declined to renew her contract on recommendation of a principal concerned with parent objections to New Age thinking in a letter sent home attached to a…

Reviews court decisions since Pickering v. Board of Education and Mt. Healthy v. Doyle, and suggests guidelines for balancing teachers' claims of first-amendment protection with need for orderly school administration. Ends by summarizing lawful restrictions on criticism of administrators and notes the elements of litigants' respective burdens of…

Examines four cases decided in circuit courts regarding teachers' academic freedom. Cited in all these decisions was "Kuhlmeier," a case involving the lawful restriction of student speech. Contends that some of the language in the opinions could stimulate governing boards to try to intrude upon the professional judgment of teachers. (42…

Discusses judicial decisions bearing on the nature of academic freedom as a constitutional right of public school teachers. Summarizes cases that recognize a teacher's right to teach contrary to the wishes of school authorities, and cases that uphold the state's right to control the public school curriculum. (SR)

As a policy pronouncement, California's Proposition 227 mandates a duty of care that educators owe their students. Failure to teach primarily in English creates a private cause of action against an educator that overcomes legal and policy concerns of "Peter W. v. San Francisco Unified School District." (Contains 57 notes and references.)

In "Westbrook," a federal court recently struck down a school board policy in Wyoming that limited and channeled criticism among employees. Summarizes the judge's reasoning and concludes that the board failed to seek a balance between its legitimate interests and the basic right of school employees to speak out about matters of public…

Teachers' rights to engage in religious activities may not be as extensive as students' rights. Students may participate in religious clubs on school premises so long as the school permits other noncurricular, student-initiated clubs to meet during noninstructional time. Courts' confusing forum analysis complicates the picture. (Contains 22…

Case citations from federal and state court decisions concerning freedom of speech in schools are organized in five major sections with brief summaries of relevant cases in subcategories followed by a table of cases cited. The major sections are as follows: (1) "Employees' Freedom of Expression: Academic Issues" (Virginia Davis Nordin);…

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)

Before 1980, academic-freedom litigation favored teachers over school boards. As a 1998 case involving termination of a popular creative-writing teacher shows, today's judges rely on decision makers' judgement. Courts view academic freedom as the province of school boards and administrators, who determine how it is exercised. (MLH)