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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
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
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Huffman, John L.; Trauth, Denise M. – Journal of Law and Education, 1981
Federal court decisions on high school students' publication rights in the Second, Fourth, Fifth, and Seventh Circuits reveal substantial disagreement about school officials' power of prior restraint over student publications. The courts' opinions range from approval of broad powers of prior restraint to denial of any power. (Author/RW)
Descriptors: Administrator Responsibility, Censorship, Court Litigation, Federal Courts
Dowling-Sendor, Benjamin – American School Board Journal, 2001
James LaVine, a high-school junior, wrote a first-person fantasy about killing 28 people in school and then committing suicide. The district suspended him for 17 days. James and his father filed suit against the school district alleging that the emergency expulsion violated James' First Amendment rights. The District Court ruled for the LaVines…
Descriptors: Court Litigation, Expulsion, Federal Courts, Freedom of Speech
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, 1996
The First Circuit Court of Appeals affirmed the district court's ruling in a Massachusetts case involving an AIDS awareness program. Disagrees with ruling that the defendants had not violated the plaintiffs' federal rights and contends that parents should have the right to remove their children from a one-time performance that is not part of a…
Descriptors: Acquired Immune Deficiency Syndrome, Court Litigation, Federal Courts, High Schools
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Sendor, Benjamin B. – School Law Bulletin, 1985
While the courts have said that public schools may not permit extracurricular religious groups to meet at school, Congress's Equal Access Act says that under certain conditions they must. The Supreme Court will review the issue. A copy of the Equal Access Act is provided. (DCS)
Descriptors: Court Litigation, Extracurricular Activities, Federal Courts, Freedom of Speech
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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
Trauth, Denise M.; Huffman, John L. – 1980
Through an analysis of the six federal book banning cases that have been adjudicated in the past decade since "Ginsberg v. New York" and "Tinker v. Des Moines Independent School District," this paper explores the difference in current First Amendment theory in the area of student access to books. A review of the six cases indicates that the…
Descriptors: Adolescents, Books, Censorship, Court Litigation
Pittman, Andrew T.; Slough, Mark R. – West's Education Law Quarterly, 1996
Addresses the Fourth Amendment constitutional challenges facing high school student-athlete drug testing programs and applies the findings in the U.S. Supreme Court decision in the "Vernonia versus Acton" case, the first drug-testing case involving high school student athletes to be decided by the Court, by recommending 12 safeguards…
Descriptors: Athletes, Court Litigation, Drug Use Testing, Federal Courts
Zirkel, Perry A. – Phi Delta Kappan, 2002
Discusses federal district court decision dismissing suit brought by three Texas high school students claiming that their Fourth and Fourteenth Amendment rights were violated when police, at request of administrators, entered school and rounded up, handcuffed, and detained them and 11 other students who "hung out" with a student arrested…
Descriptors: Constitutional Law, Court Litigation, Federal Courts, High Schools
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Lomicky, Carol S. – Journal of Law and Education, 2000
In "Hazelwood" the U.S. Supreme Court said public school officials can censor school-sponsored expression for legitimate educational purposes. A content-analysis case study of student-written newspaper editorials found that more than three times as many editorials of criticism were published prior to the Court's decision. Argues that…
Descriptors: Censorship, Content Analysis, Court Litigation, Criticism
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