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Schimmel, David – West's Education Law Reporter, 1988
In "Hazelwood School District v. Kuhlmeier," the Supreme Court ruled that school authorities could control a student newspaper. This article summarizes the facts surrounding "Hazelwood," and outlines the lower court decisions, the conflicting views of the Court justices, the questions it leaves unresolved, and its implications…
Descriptors: Censorship, Court Litigation, Federal Courts, High Schools
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Rossow, Lawrence F. – West's Education Law Reporter, 1989
Conflicting opinions between two circuit court decisions set the stage for another consideration of school officials' discretion in deciding whether the Equal Access Act would apply to their schools based on the presence or absence of a limited open forum. (MLF)
Descriptors: Court Litigation, Extracurricular Activities, Federal Courts, High Schools
Rankin, Norma R.; Strope, John L., Jr. – West's Education Law Quarterly, 1994
In "Lee" the Supreme Court determined that "including clergy who offer prayers as part of an official public school graduation is forbidden by the Establishment Clause." Confusion arises over whether the Court decision determined "what" cannot be done or "who" cannot do it. Surveyed 10 Kentucky school…
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, High School Seniors
Zirkel, Perry A. – West's Education Law Quarterly, 1994
Discusses the boundaries of the Supreme Court's decision in "Lee" that relied on the factors of direction and coercion. Analyzes three lower court rulings regarding graduation prayers. Advises state legislatures and local school districts not to sponsor any student religious activity at graduation time. (97 footnotes) (MLF)
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, High School Seniors
McCarthy, Martha M. – West's Education Law Quarterly, 1993
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…
Descriptors: Court Litigation, Court Role, Federal Courts, Freedom of Speech
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Felder, Scott Andrew – Journal of Law and Education, 2000
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…
Descriptors: Censorship, Court Litigation, Federal Courts, Freedom of Speech
Dowling-Sendor, Benjamin – American School Board Journal, 2001
Last May, the full 11th Circuit Court upheld a school board policy in Duval County, Fla., that permits graduating senior to select a student volunteer to deliver an uncensored "message" during graduation ceremonies. Argues the title, historical context, and content of the policy clearly suggest that school officials sought a way to…
Descriptors: Commencement Ceremonies, Federal Courts, High School Seniors, High Schools
Dowling-Sendor, Benjamin – American School Board Journal, 1998
In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…
Descriptors: Discipline, Due Process, Federal Courts, High Schools
Stefkovich, Jacqueline A. – 1992
The Fourth Amendment to the U.S. Constitution guarantees "the right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures" by governmental officials. In a 1985 Supreme Court decision, "New Jersey v. TLO," students' privacy rights in public schools are afforded a lower…
Descriptors: Federal Courts, High Schools, Public Schools, School Law
Mawdsley, Ralph D.; Russo, Charles J. – West's Education Law Quarterly, 1996
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)…
Descriptors: Constitutional Law, Court Litigation, Federal Courts, Freedom of Speech
Sendor, Benjamin – American School Board Journal, 1997
Argues that graduation prayer is unconstitutional because it violates the Establishment Clause, but the Free Speech Clause of the First Amendment entitles a valedictorian giving a commencement speech to discuss religion and even to express religious beliefs as the student's own, private beliefs. Summarizes court decisions. (MLF)
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, Freedom of Speech
Dowling-Sendor, Benjamin – American School Board Journal, 1999
Fragmented federal court decisions about graduation prayer and the strong public interest in this issue call for the Supreme Court to step in to clarify the law. Summarizes court decisions on this topic. (MLF)
Descriptors: Commencement Ceremonies, Court Litigation, Federal Courts, High School Seniors
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Russo, Elaine M. – Journal of Law and Education, 1989
In "Hazelwood School District v. Kuhlmeier," the Supreme Court held that school authorities did not violate students' First Amendment rights by censoring a high school newspaper. Traces the history of the decision and contends that the Court has effectively curbed the role of the school newspaper as a student voice. (MLF)
Descriptors: Censorship, Court Litigation, Federal Courts, Freedom of Speech
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Gill, Ann M. – Journal of Law and Education, 1991
Reviews the pair of cases involving the free speech rights of public high school students; the response by legal commentators; and the court decisions in the wake of "Fraser" and "Hazelwood." (103 references) (MLF)
Descriptors: Court Litigation, Federal Courts, Freedom of Speech, High School Students
Dowling-Sendor, Benjamin – American School Board Journal, 1998
Because some known gang members were wearing rosaries as gang symbols, a Texas school district told two students--who were not gang members--that they could not wear rosaries outside their shirts. A federal district court ruled (Chalifoux v. New Caney Independent School District) that the district's entire gang-apparel policy was void because of…
Descriptors: Court Litigation, Dress Codes, Federal Courts, Freedom of Speech
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