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…

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)…

Describes 6th Circuit Court of Appeals decision in "Cockrel v. Schelby County School District," involving a fifth-grade teacher's claim that she was unlawfully terminated for teaching a unit on the industrial use of hemp, thus violating her First Amendment right of free speech. (PKP)

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…

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…

Discusses a 1984 United States Supreme Court ruling against 20 faculty members not belonging to the Minnesota Community College Faculty Association (MCCFA) who alleged that their right to meet and confer with their employers over employment terms and conditions was violated by MCCFA representation excluding nonunion members. (JBM)

The Supreme Court ordered a lower court to reexamine the free-speech case of a controversial City University of New York black studies professor, demoted from department chairman for making racially biased statements seen as disruptive. The rights of public universities to make such decisions was a central issue. (MSE)

Two sets of Supreme Court cases are examined and their links discussed in the context of the recent Jeffries v. Harleston court case concerning the City College of New York. The first pertains to and reflects general protection of academic freedom in public colleges and universities; the second concerns speech rights of public school teachers and…

Classroom speech of public-school teachers is a messy subject with regard to the tension between various societal demands and basic rights of students, teachers, and others at school sites. The demands are not always consistent, and rights are subject to different interpretations depending on which court decision forms the underlying basis for a…

The concept of academic freedom originated in situations related to higher education. Although academic freedom may apply to professors, it is far from clear how, and even why, academic freedom applies to classroom K-12 teachers. This paper treats the balancing of teacher and school district rights in suits brought by teachers who claimed that…

A recent Fifth United States Circuit Court of Appeals decision stipulates that a school board may regulate "employe expression" only in rare circumstances--to prevent, for example, serious disruption of school activities--and only where the board has allowed for a timely review of the superintendent's decisions about distributing…

This book provides school business administrators with an introduction to a variety of legal issues relevant to their professional roles. The book is divided into three major sections: management issues, employment issues, and constitutional issues. The topics covered in the seven-chapter section on management issues include board and district…