From an analysis of these recent decisions it seems clear that the Court is seeking to reduce the role of the federal judiciary in reviewing decisions made within schools. (Author)

Discusses situations that recently received judicial scrutiny regarding clashes between the freedom of the teacher and the freedom of the learner. Each of the following began with a student's objection to an instructional act: (1) freedom to research a religious topic; (2) freedom from racial discomfort; (3) freedom from sexual discomfort; and (4)…

The Supreme Court, in "Vernonia School District 47J versus Acton," ruled that a school district's policy authorizing random urinalysis drug testing of student-athletes did not violate the Fourth Amendment. Discusses the decision and why such a policy is permissible under the Fourth Amendment's prohibition against unreasonable searches…

Describes Wisconsin case involving the suicide of seventh-grade girl after principal suspended her for having a cigarette in her locker--disciplinary action required by school board policy. Parents sued claiming violation of their daughter's 14th Amendment rights and state negligence laws. Federal appellate court dismissed all claims; parents…

The United States Supreme Court ruling in "Mergens" gives school districts the following options: (1) require all student groups to have a direct relationship to curriculum; (2) have a "limited public forum," therefore, allowing noncurriculum-related groups to use school facilities; or (3) choose to ignore the law and forego…

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)

Presents a framework for dealing with the issue of mandatory student activity fees at state universities. Reviews court decisions and proposes that student groups that engaged in any political activity during the prior academic year be listed and subject to students' checking off those groups that they wished to fund. (172 footnotes) (MLF)

Summarizes the historical background of First Amendment law from "Tinker v. Des Moines" (1969) to "Hazelwood v. Kuhlmeier" (1988). Examines the Supreme Court's most recent decisions on related matters as well as lower court decisions involving bias-motivated speech on campus. Offers specific suggestions for public school…

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)

Analyzes recent federal court decision striking down school anti-harassment policy on First Amendment grounds. Discusses freedom of expression rights in public setting as compared to public-school context. Argues decision incorrectly relies on law developed outside public-school context, unjustifiably finds violation of First Amendment, and may…

In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…

The authority that local school officials and state athletic and activity associations have over extracurricular activities is the subject of this survey of reported cases beginning in 1980. Legal developments are discussed in the areas of general transfer rules, transfers and private schools, ineligibility based on nonschool incidents, team and…

Although schools cannot actively promote religiously-oriented activity, neither can they prohibit such activity. The 98th Congress passed the Equal Access Act in an attempt to ground students' rights to practice religion in the schools in well-established constitutional principles requiring equal treatment, protecting student-initiated meetings,…

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…

A series of recent decisions, largely in federal courts since 1972, are examined for inferences that may encourage institutions to set forth more clearly the conditions that precede dismissal on academic or misbehavior grounds. Guidelines are suggested for administrative procedure and faculty practices such as grading. (JT)