This dissertation sought to determine if federal-level, post-secondary student freedom of expression case law was developing in a similar path to that at the K-12 level of education. It also investigated the ways in which a K-12, highly speech-restrictive legal standard arising from the K-12 case "Hazelwood v. Kuhlmeier" has been…

Cyberbullying has been identified by school leaders and researchers as one of the most serious adverse consequences of incorporating information technology into the classroom. This article examines the legal status of cyberbullying by conducting an analysis of selected federal appellate court opinions. This analysis identifies a set of legal…

The author reports on how U.S. Supreme Court Justice Clarence Thomas' opinions in youths'-rights cases reflect his "originalist" thinking. Justice Thomas, 63, marks two decades on the court Oct. 23, and a hallmark of his tenure is his willingness to carve out a solitary stance on certain issues. Particularly in cases involving schools…

Analyzes two court decisions that defined the responsibilities and rights of student journalists. Both cases held that the newspapers involved were not "public forums." Suggests that the Supreme Court may once again have to address questions that were left unresolved by the majority opinion in "Kuhlmeier." (MLF)

In "Hazelwood," regarding school-sponsored newspapers, the Supreme Court granted broad discretion to school authorities under the First Amendment. Following a brief overview of changes in First Amendment law governing student expression rights since the 1960s is followed by an analysis of the impact of recent developments on the free…

Since its broadly protective decision in "Tinker," the Supreme Court has gradually narrowed the scope of student free speech rights. Examines the development of First Amendment rights in public schools, in particular those of high school journalists. Argues that the "Hazelwood" decision is flawed in several respects. Notes some…

Discusses recent Supreme Court decisions involving student newspapers and freedom of speech, and offers some precautions against possible court litigation and ways to preserve student rights. (SRT)

Federal court decisions on high school students' publication rights in the Second, Fourth, Fifth, and Seventh Circuits reveal substantial disagreement about school officials' power of prior restraint over student publications. The courts' opinions range from approval of broad powers of prior restraint to denial of any power. (Author/RW)

Analyzes federal case involving suspension of New Jersey high school student for wearing a T-shirt listing top 10 reasons for being a "redneck" in violation of district's racial harassment policy. Court upheld the policy with a minor exception, but ruled its application to the student's "redneck" T-shirt violated his First…

James LaVine, a high-school junior, wrote a first-person fantasy about killing 28 people in school and then committing suicide. The district suspended him for 17 days. James and his father filed suit against the school district alleging that the emergency expulsion violated James' First Amendment rights. The District Court ruled for the LaVines…

Addresses the question of whether student prayer groups should be allowed to use school facilities. The Equal Access Act allows all noncurricular student groups to meet, whereas four federal appellate court decisions ban prayer groups on the basis that separation between church and state outweighs students' right to free speech. (WTH)

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)…

The United States Supreme Court has agreed to hear a case involving three competing interests--the university, students, and commercial vendors. Examines lower court decisions in the case along with other jurisdictions that have specifically addressed the issues of commercial solicitation on campuses. (MLF)

The resolution of free speech issues in the public school context has, until recently, involved a precarious balancing between the First Amendment rights of students and teachers and the role of public schools in inculcating students with fundamental values. This year, in "Hazelwood School District v. Kuhlmeier," the Supreme Court struck…

While the courts have said that public schools may not permit extracurricular religious groups to meet at school, Congress's Equal Access Act says that under certain conditions they must. The Supreme Court will review the issue. A copy of the Equal Access Act is provided. (DCS)