Social media is ubiquitous in today's society, and classrooms are not exempt. When social media interrupts education, whether by preventing engagement with the lesson or by creating inappropriate interactions or relationships, policies must be put in place to keep learning the priority. With that caution, though, school districts must be sure to…

An increasing number of school districts encourage discussion of current events in classrooms. However, teachers' ability and willingness to manage these conversations may be hampered by concerns about what they are or are not allowed to disclose, especially because their First Amendment speech protections do not fully extend into the classroom.…

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…

In this Martin Center policy brief, "Scholastic Gag Orders: NDAs, Mandatory Arbitration, and the Legal Threat to Academics," Stephen Baskerville explores how non-disparagement agreements (NDAs) and mandatory arbitration (MA) provide a veil of legally enforced secrecy, shielding administrations from negative publicity, professional…

What are the boundaries for teachers' freedom of expression in public, secular schools in Canada? Drawing from the constitutional text, legislation, and normative expectations emerging from the literature, this article examines the scope given to teachers' expression in landmark case law. The analysis shows that the binomial of trust and…

This report concerns actions taken by the administration of the Community College of Aurora, during the fourth week of the fall 2016 semester, to terminate the appointment of part-time instructor of philosophy, Nathanial Bork, without affordance of academic due process. Mr. Bork was dismissed after conveying his intention to send to the college's…

When teachers pursue an artistic career parallel to teaching, a potential for conflict arises between the subjects they explore creatively and public expectations regarding the teacher's role as a model of morality. This paper offers a critical analysis of these expectations as articulated in the landmark legal case "Shewan." The paper…

Academic freedom means that both social studies educators and students have the opportunity to engage in intellectual debate without fear of censorship or retaliation. Academic freedom gives both social studies educators and students the right to express their views--in speech, writing, and/or through electronic communication without fear of…

What do attacks on 'unpalatable' research reveal about academic freedom? When academic work is curtailed, this cherished yet misunderstood concept is undermined. Silencing based on moral objection -- rather than wrongdoing -- suggests academic freedom is more constrained than we believe. On paper, academic freedom is rule-bound, yet 'dangerous'…

An alarming occurrence in academia involves the discipline of faculty, under the guise of violating civility or collegiality codes, for engaging in what should be protected academic free speech. This often occurs when unprincipled and/or corporate-minded administrators seek to punish or dissuade faculty from challenging or questioning their…

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…

Monica Williams, a beloved counselor of an urban middle school, is shocked to learn that she is being terminated for a comment she made on Facebook. This case was developed for use in an educational leadership course for students to evaluate an educator's right to freedom of speech in relation to social media. Instructors can use the case to…

Public employees have the right to engage in political activity on issues of public concern--even those issues that relate to education. Advocacy for a particular candidate on a ballot or taking a side on a referendum clearly are issues of public concern and therefore protected. Conversely, speech that involves a purely personal matter is not…

In 1988, Richard Morin, a Grade 9 teacher in Prince Edward Island, Canada was removed from the classroom for showing his students a film that was critical of Christian fundamentalism. The ensuing court battle, which eventually resulted in Morin's vindication in 2002, has received surprisingly little attention. I begin the analysis with a careful…

Many of the recent legal decisions regarding public employee expression, particularly in electronic environments, run counter to the culture being facilitated by the Internet. This article uses a legal analysis to examine recent decisions and then considers those legal positions within the context of digital expression. (Contains 2 notes.)