This article explores some legal aspects of public and private education, as well as several Amendments to the Constitution and their relationships to higher education: the First, Fourth, Fifth, Sixth, and Fourteenth Amendments. (Author)

This article emphasizes the following points concerning policies of the Detroit Board of Education: (1) conflicts over religion and education have been part of politics since 1842; (2) these conflicts were political rather than consitutional; and (3) until 1948 decisions regarding religion were based on "institutional" considerations…

Analyzes political indoctrination of children from a legal point of view and discusses four models of child-parent state relationship. Argues for a compromise interpretation of the Constitution; which would prohibit public schools, as agents of government, from indoctrinating children, while setting no limits on parents. (NH)

Responding to student recitation of the Lord's Prayer at a high school graduation, recounts how religious differences can create difficulties and discomfort for students in public schools. Argues the right of the minority must be protected from a majority who wishes to promote their religious beliefs at taxpayer expense. (DB)

A theory that urges judges to decide that locally financed school systems are unconstitutional holds that courts must implement reforms because the legislative process is dominated by property-rich communities. However, the defeat of a New Hampshire gubernatorial candidate who advocated such reforms contradicts the theory. (JOW)

Reviews the Supreme Court decisions under the following subjects: (1) special education; (2) religion and public education; (3) employment and labor; (4) elections and voting rights; (5) freedom of speech; (6) Title IX and other issues of school district liability and immunity; and (7) cases to be decided next term. A list of cases and statutes…

By law and example, school boards must govern within scope of Bill of Rights. Cites West Virginia State Board of Education v Barnette, in which Supreme Court in 1943 upheld two Jehovah's Witness children's right to refuse to participate in daily flag salute ceremony. Urges schools to teach students principles of democracy and also of individual…

The Supreme Court, in an upcoming case "Lee v. Weisman," will rule on whether prayer may be offered out loud at a public school graduation program. Argues that past court decisions have interpreted the Establishment Clause of the First Amendment over the Free Speech Clause of that same amendment. (57 references) (MLF)

Examines message T-Shirts as a medium for student expression and the ability of public schools to regulate those messages. Predicts that as violence and insolence increase in schools, courts will probably continue to defer to school authorities and let them handle their own problems. (77 footnotes). (MLF)

This article address the legal and constitutional issues surrounding how far school leaders can go in restricting distribution of materials that are viewed as religious in nature. Does restricting the student's right to distribute the flyer amount to a suppression of free speech based on content? Does the principal's action constitute unlawful…

Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…

Examines the fundamental points established by case law in the area of search and seizure of property of public school students. Federal and state court cases are analyzed; and a review of the literature establishes additional points of emphasis. (CT)

Simply because an off-campus speaker plans to lecture on a religious topic provides no compelling state interest on the part of school officials in denying access to the campus. Available from the Christian Legal Society, Box 2069, Oak Park, Illinois 60303; $5.00 per year. (Author)

A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…

In "Mergens," the Supreme Court ruled that the Equal Access Act (EAA) was constitutional and that students at a high school with a "limited open forum" could participate in a prayer club. Traces the history of the case, arguments by the justices, and practical implications of the case for school districts. (66 references) (MLF)