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…

Academic freedom is at the very center of the modern university; it promotes discovery and teaching of the best possible knowledge. The need for improved regulations governing academic freedom is currently growing as a century-long consensus that focused on granting faculty members the most expansive academic freedom rights is breaking down; other…

This paper presents the annual report of the Foundation for Individual Rights in Education (FIRE) for 2010. FIRE's approach in 2010 was centered on altering the incentive structure for universities by using both "carrots" and "sticks" to produce positive reforms and long-term results. These efforts gained significant force in September, when FIRE…

This paper presents the annual report of the Foundation for Individual Rights in Education (FIRE) for 2009. The year 2009 was momentous for FIRE, for it marked its tenth anniversary. In the last decade, FIRE has been remarkably successful at fighting to secure basic rights of free speech and conscience on college campuses. It has fought for…

What is the scope of First Amendment free expression rights of public school employees and students? Following a long period with no Supreme Court rulings pertaining to public employee or student speech, the Court since 2006 has delivered significant opinions in this regard. These decisions continue the trend of narrowing the circumstances under…

Based on a recent Supreme Court decision which allows schools to censor school-sponsored newspapers, this article offers guidelines to avoid legal challenges in this area. Questions raised by the decision regarding the extent to which school authorities may censor student newspapers and the amount of judicial interference in curriculum matters are…

Summarizes a case involving a Denver high school teacher's naming, in a government class, of a student observed in a public sexual rendezvous. The teacher lost on all fronts, because his speech was considered school-sponsored and did not meet the school district's pedagogical interests, based on the 1988 "Hazelwood" decision limiting…

This article presents the Two Sides interviews, which confront the serious and immediate conflict between free speech and hate speech on college campuses. Dr. Robert O' Neil discusses the scope of free speech in the college community, while Dr. Timothy Shiell focuses on hate speech on campuses. Contains 12 references. (VWC)

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)…

Analyzes Massachusetts case involving Salem State College decision to prevent a student from continuing his student teaching at an elementary school because of his continued expression of strongly held religious views in the classroom. First Circuit Court of Appeals upheld the college's decision rejecting the student's claim that his 1st and 14th…

Discusses what drama teachers, directors, and administrators should know about the legal limits of their freedom of expression. Discusses the limitations imposed by the courts on administrative officials regarding their ability to control or regulate what theater students and teachers do. (RS)

Discussed is a court case in which a journalism teacher filed suit against a two year college alleging that the students' civil rights had been violated because the college had eliminated the student newspaper. The court allowed the teacher third-party standing to defend the rights of the students. (RM)

Discusses an unsuccessful lawsuit brought by Margaret Boring, an acclaimed high school drama teacher in Buncombe County, North Carolina. She was transferred to a middle school for allegedly violating the school's "controversial materials" policy after students performed an expurgated version of Lee Blessing's "Independence."…

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);…