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Dowling-Sendor, Benjamin – American School Board Journal, 1997
In "Stephenson v. Davenport Community School District," the U.S. Eighth Circuit Court of Appeals ruled that schools cannot adopt unduly vague policies to regulate student expression, in this case, a cross-shaped tattoo. (LMI)
Descriptors: Civil Liberties, Court Litigation, Discipline Policy, Dress Codes
Dowling-Sendor, Benjamin – American School Board Journal, 2003
A federal case from Wooster, Ohio, illustrates the tension facing school boards and administrators when they deal with student expression. Explains the judge's reasoning about the issues involving First Amendment rights of student editors and the policies and relevant free-speech principles. (MLF)
Descriptors: Board of Education Policy, Censorship, Court Litigation, Federal Courts
Rohrer, Daniel Morgan – 1978
Federal regulations to prevent deceptive advertising seek to balance the advertiser's freedom of speech with protection of the consumer. This paper discusses what the Federal Trade Commission (FTC) has done to regulate advertising and evaluates the adequacy of its controls. The commission uses cease-and-desist orders, affirmative disclosure,…
Descriptors: Advertising, Business Responsibility, Consumer Protection, Court Litigation
Overbeck, Wayne – 1981
During the 1970s, courts repeatedly overruled acts of administrative censorship of high school publications, even when the publication in question included "earthy" language or attacks on school officials. The trend toward expanding students' First Amendment rights began in 1969 with the "tinker" ruling, which reaffirmed the right of three…
Descriptors: Administrator Attitudes, Attitude Change, Censorship, Court Litigation
Maready, William F. – 1971
This report discusses the expanding role of Federal judges as educational policymakers. The report discusses court decisions related to interpretations by the Federal Courts of the U.S. Constitution. The report notes that court decisions have covered the following topics: dress codes, flying of the flag, freedom of speech, unwed mothers,…
Descriptors: Activism, Administrators, Boards of Education, Court Litigation
Sendor, Benjamin – American School Board Journal, 1983
Discusses three federal cases: "Hall v. Board of School Commissioners of Mobile County, Alabama," involving distribution of union literature in school; "Board of Education of Rogers, Arkansas, v. McCluskey," regarding student discipline policies; and "Duro v. District Attorney, Second Judicial District of North…
Descriptors: Board of Education Policy, Compulsory Education, Court Litigation, Discipline Policy

Goldsmith, Kory – School Law Bulletin, 1990
The Supreme Court affirmed in "Mergens" that the Equal Access Act represents a legislative determination that secondary school students are mature enough to be exposed to an open forum. However, schools can either recognize noncurriculum-related groups, restrict student groups to curriculum-related activities, abolish student clubs, or…
Descriptors: Board of Education Policy, Court Litigation, Curriculum, Educational Facilities

Gray, John; Ciofalo, Andrew – West's Education Law Reporter, 1989
Absent the constitutional rights enjoyed by the student press at state institutions of higher education, the administration at a private institution is legally free to control the content of its student press. Explores a theory that shifts the focus to academic freedom protected by contracts between faculty and institutions. (MLF)
Descriptors: Academic Freedom, Censorship, College Faculty, Constitutional Law

Strossen, Nadine – Academe, 1992
Issues and recent events concerning censorship of the arts in the United States are examined, and the threat to artistic freedom posed by recent Supreme Court decisions is examined. Focus is on erosion of the actual or imminent harm requirement of the law and on the court's class-based approach to free speech. (MSE)
Descriptors: Academic Freedom, Art, Censorship, Civil Liberties

Sacken, Donal M. – Journal of Law and Education, 1994
In "Kinsey," a fired superintendent claimed a violation of free expression and association rights by his employing board of education. Examines similar cases and contends that public defiance or disloyalty by a principal or superintendent exceeds the tacit limits of intra-administrative disagreement. (108 footnotes) (MLF)
Descriptors: Administrators, Board Administrator Relationship, Court Litigation, Elementary Secondary Education
Cloud, Robert C. – West's Education Law Quarterly, 1993
The Supreme Court's denial of review in the case of "Kinsey v. Salado ISD" may serve to restrict future free speech and political association rights of top educational administrators. Advises top administrators to avoid public involvement in the election of their board members. (MLF)
Descriptors: Board Administrator Relationship, Community Colleges, Court Litigation, Elementary Secondary Education
Mawdsley, Ralph D.; Russo, Charles J. – West's Education Law Quarterly, 1994
Reviews a set of Supreme Court rulings that may dramatically alter the landscape of First Amendment jurisprudence: "Church of the Lukumi Babalu Aye v. City of Hialeah"; "Jones v. Clear Creek Independent School District"; "Lambs Chapel v. Center Moriches Union Free School District"; and Zobrest v. Catalina Foothills…
Descriptors: Board of Education Policy, Court Litigation, Court Role, Deaf Interpreting
Schimmel, David – West's Education Law Quarterly, 1996
"Rosenberger" prohibits public colleges and universities from discriminating against religious viewpoints in their allocation of student activities funds that are equally available to other groups. The Supreme Court decision also extends the range of facilities equally available to student religious organizations for free-speech…
Descriptors: Court Doctrine, Federal Courts, Fees, Freedom of Speech
Mawdsley, Ralph D.; Russo, Charles J. – West's Education Law Quarterly, 1996
The Supreme Court, in "Rosenberger," ruled against the University of Virginia when it denied student newspapers with religious perspectives equal access to student activities funds. Discusses decisions by all the courts and implications for future changes in the legal standard by which cases involving public assistance for religious…
Descriptors: Court Doctrine, Federal Courts, Fees, Freedom of Speech
Morris, Arval A. – West's Education Law Quarterly, 1996
"Rosenberger" revises Establishment Clause jurisprudence in several aspects: (1) ends "Lemon versus Kurtzman" as a main precedent; (2) alters First Amendment law by holding that government efforts to treat religious speech differently amounts to discrimination against people based on their "viewpoint"; and (3)…
Descriptors: Court Doctrine, Extracurricular Activities, Federal Courts, Fees