This is a collection of brief articles from "Perspective: The Campus Legal Monthly Newsletter" concerning legal decisions relevant to higher education in the United States since 1986. The articles summarize court decisions which addressed legal issues in the following areas: academic decisions; academic employment and freedoms; copyright,…

The author notes that two trends appear to be developing in litigation over the governance of the public schools. One trend is increasing participation of organized groups in suits against the schools. The other is a greater volume of litigation dealing with open meeting laws and freedom of information acts. Reflecting the second trend, the…

In this chapter the author notes that only one conclusion concerning the litigation covered is warranted: the extremely large number of cases dealing with employment issued continued unabated in 1980. The main areas of litigation are discrimination (primarily on the basis of race and sex); substantive constitutional rights; due process; immunity…

Public university restriction of faculty expression on the institution's World Wide Web server is discussed based on recent Supreme Court decisions. It is proposed that in some circumstances, content-based restriction of faculty expression is permissible and will not violate the First Amendment academic freedom rights of faculty. (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…

This monograph traces the legal history of the conflict between constitutional rights of expression in the schools and school boards' control of education. Chapter 1 provides an introduction to the law and policy of free expression. Chapter 2 is a case study of "Kuhlmeier v. Hazelwood School District," in which a high school principal…

The study was designed to investigate judicial decisions of state and federal courts concerning editorial freedom of the college and university student press to determine emerging legal rules, precedents, and trends in judicial decisions and to analyze the extent of editorial freedom and administrative control of the student press as perceived by…

The 1988 Supreme Court decision in Hazelwood School District vs. Kuhlmeier, characterized by deference to school officials in controlling speech and publications, is examined in the context of 10 higher education cases citing the decision. It is concluded that higher education in general, faculty in particular, should be concerned about an…

The United States Supreme Court, in a 5-4 decision in the Rosenberger case, ruled that the University of Virginia had violated the free speech clause of the First Amendment of the United States Constitution by refusing to subsidize a Christian student publication. The magazine, "Wide Awake," was published by a student organization that…

Discusses how using "Pickering v. Board of Education" or "Hazelwood School District v Kuhlmeier" as precedents in cases involving classroom speech by teachers has fostered court inconsistency. Proposes a judicial standard that emphasizes adequate notice to teachers when certain speech is proscribed and scrutinizes school-board…

This is a compilation of presentations delivered at the National School Boards Association Council of School Attorneys' Annual School Law Seminar: (1) "Environmental Hazards for Urban Schools Facing the New Challenge" (Kelly Frels, Kevin A. Ewing, Timothy A. Wilkins, Jason B. Hutt); (2) "How Accommodating? High-Stakes Testing and Federal Laws That…

Summarizes the Supreme Court's 1988-89 term in five sections: (1) civil rights in the context of employment and other liability-related issues; (2) special education; (3) freedom of speech and religion issues; (4) school desegregation; and (5) school finance-related issues. A list of all cases discussed, including case citations, is included at…

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…

Student rights to freedom of speech and the legitimate degrees of control available to principals are discussed in this paper. An overview of pertinent federal litigation focuses on two landmark cases involving oral and written speech, respectively: Bethel School District #403 v. Fraser; and Hazelwood School District v. Kuhlmeier. A conclusion is…