Higher education in the 2020s remains deeply divided on the role of religion, or what the Council on the Advancement of Standards (CAS) in 2023 describes as "religious, secular, and spiritual identities." In two previous articles in this Journal, one 2010 article by the late Peter Magolda and one in 2014 by Perry Glanzer, detail the ways…

This mixed methods study, which implemented an explanatory sequential research design, investigated the role that the First Amendment Religious Rights (i.e., the Establishment Clause and the Free Exercise Clause) have in American Education. The researcher attempted to find out how well versed or not educational leaders were when facing First…

This document records testimony from a hearing before the Subcommittee on Higher Education and Workforce Development of the Committee on Education and the Workforce on protecting free speech on college campuses. Opening statements were provided by: (1) Honorable Burgess Owens, Chairman, Subcommittee on Higher Education and the Workforce…

Background or Context: Public school library book challenges have garnered ample media attention in recent years as many school districts and advocacy organizations have reported record numbers of book challenges. Book challenges are not a new phenomenon, historically speaking, but they have often illuminated values clashes in communities and…

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 authors feel there is a need of a new and different kind of classroom conversation about free speech--one that not only considers the legal and aspirational dimensions but also weighs the practice and impact of speech in daily life. Two factors make this new conversation particularly urgent. First, the avalanche of social media communication,…

In "Carson v. Makin," the U.S. Supreme Court ruled that, if a state offers tuition assistance for students to attend private schools, then requiring that those private schools be nonsectarian violates the Free Exercise Clause of the First Amendment. Robert Kim discusses how this case aligns with other decisions related to the free…

Academic freedom is an oft-invoked buzzword in debates about campus speech and the American university. But how have courts treated legal disputes where faculty members have invoked academic freedom as a potential constitutional interest? And how do faculty themselves conceptualize academic freedom? The similarities and differences between these…

This dissertation examines the legal literacy of school administrators and the lack of mandated training regarding school law, specific to the First Amendment. With continual changes in education school administrators can function as the change agent for schools through the lens of self-efficacy. This dissertation is organized into three bodies of…

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…

Freedom of expression is the core political ideal undergirding American democracy and recent attacks on freedom of speech are a direct threat to the liberties and rights guaranteed in the United States Constitution. Freedom of expression is essential for participatory democracy, scientific progress, individualism, and civic education in K-12…

The U.S. and West Virginia constitutions acknowledge the right to free speech, which must be protected at public colleges, but Senate Bill 657, which became law in 2021, requires that public colleges protect "any lawful verbal and nonverbal speech." Furthermore, many private colleges also promise free speech to their students. However a…

The use of social media may be contributing to violations of copyright law and can create legal challenges for school districts trying to balance ease of communication and First Amendment freedom of speech rights against compliance with federal regulations. In this case, a district is threatened with a lawsuit for copyright violation when one of…

The full reach of the U.S. Supreme court's 2020 ruling in "Espinoza v. Montana Department of Revenue" has yet to be seen, but it has the potential to reshape the school-choice landscape. The ruling, which prohibited Montana from excluding students at religious schools from a tax-credit scholarship program, will figure prominently in many…

The problem is the widespread practice by many campuses in defining community membership in ways that deny their students the civil liberties and civil rights all other Americans are guaranteed. Thus, when forty-year old veterans enroll for even one part-time course, they may find that First and Fourteenth Amendment rights existing off campus no…