Background or Context: Public school library book challenges have garnered ample media attention in recent years as many school districts and advocacy organizations have reported record numbers of book challenges. Book challenges are not a new phenomenon, historically speaking, but they have often illuminated values clashes in communities and…

In the landmark 1969 "Tinker v. Des Moines" case, the Supreme Court ruled school districts could censor student speech if it caused a material and substantial disruption to the educational process or if the speech infringed upon the rights of others. Since then, the Supreme Court has also allowed schools to abridge students' speech…

The U.S. and West Virginia constitutions acknowledge the right to free speech, which must be protected at public colleges, but Senate Bill 657, which became law in 2021, requires that public colleges protect "any lawful verbal and nonverbal speech." Furthermore, many private colleges also promise free speech to their students. However a…

Libraries still stand as a source of knowledge that can guide us to make informed decisions through the use of credible sources. A balanced collection that provides access to all points of view empowers a community to use information responsibly and make decisions independently. Intellectual freedom and equity of access are still important issues…

While freedom of speech is a defining characteristic of the United States, the First Amendment right is often regulated within certain environments. For years, schools have attempted to monitor and regulate student communication both within the educational environment and in student use of social media and other online communication tools.…

Support for student expression and First Amendment attitudes were measured among Missouri high school principals (n = 86). Findings demonstrated that the third-person effect was a significant predictor of these attitudes. The more principals perceived mass media to affect others over themselves, the less supportive they were for student free…

Legal scholars rarely focus on student First Amendment rights, and general public understanding of the extent of these rights is vague at best. While media scholars have focused much attention on newspaper coverage of more mainstream issues, no notable attention has been given to examining the way news media cover student First Amendment rights.…

A parent brings a cyber bullying incident to your attention and expects you to resolve it. What are the students' rights and your responsibilities according to the law? Because the laws regarding disciplinary action are still evolving, this manual fills the gap by providing public school leaders with data-driven solutions for managing cyber…

Public school leaders must be certain that students' freedom of expression rights are not suppressed based on a conflict with their own personal views. School leaders must also refrain from regulating student expression based solely on content, unless there is evidence that speech content creates material and substantial disruption to school…

The Supreme Court decision in the case of the Board of Education, Island Trees, New York, versus Steven A. Pico, addressed whether the First Amendment imposes limitations upon the exercise by a local school board of its discretion to remove library books from high school and junior high school libraries. Rejecting the recommendations of a…

Students are increasingly demanding the right to publish without restraint by school authorities. Some censorship cases have been taken to court and won. (MC)

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…

In school library cases, the courts must address the statutorily directed authority of school boards to regulate education, the recognized duty of the parents in rearing and nurturing their children, and the recognition that children also enjoy rights under the Constitution. (Author/MLF)

"Chelsea" reinforces and expands the students' right to receive information in those cases in which the material sought does not substantially harm or interfere with the educational process. Available from New England Law Review, 126 Newbury Street, Boston, Massachusetts 02116; $4.00/issue. (Author/IRT)

During the past 150 years U.S. courts have demonstrated a special protectiveness toward academics and academic institutions. Academic freedom was not a concern when the U.S. Constitution and the First Amendment were drafted and is not mentioned in the "Federalist Papers." However, decisions by a series of Supreme Court justices led to…