In his concurring opinion to the 2007 U.S. Supreme Court decision, "Morse v. Frederick," Justice Clarence Thomas argues that the "Tinker" decision, which granted students constitutional rights in public schools, should be overturned on originalist grounds. In this essay, Bryan Warnick, Bradley Rowe, and Sang Hyun Kim make the case that Thomas's…

In Canada, education is generally referred to as being the exclusive constitutional responsibility of the provinces and territories. However, the federal government has a constitutional responsibility. This responsibility comes from the Constitution Act 1982 and Treaties 1-11 between the Crown (i.e., The Government of Canada) and First Nations…

This article discusses the role and experience of queer youth and allies in the Fair Wisconsin campaign that fought against the marriage amendment to that state's constitution. It illustrates how LGBT and ally youth involvement can be incorporated into other organizations. Following an explanation of the campaign, are narratives of two…

This article reports that the U.S. Supreme Court is scheduled to hear arguments in December in a case that could make it more difficult for plaintiffs to win sexual-discrimination or sexual-harassment lawsuits against colleges and other educational institutions. The justices will decide whether to uphold a decision of the U.S. Court of Appeals for…

Civic education in public schools faces major challenges. Under No Child Left Behind, many schools have favored teaching math and English rather than civics, which undermines one of the purposes of public schools--to educate students to be responsible and active citizens in democracy. A second challenge comes inside the classroom: engaging the…

This article looks at various cases of the Supreme Court's most recent term. In contrast to the 2006-2007 term when the Supreme Court was regularly split 5-4, during this last term, the justices have formed surprising coalitions in cases considered highly controversial. For example, it was the so-called liberal bloc's Justice Stevens who wrote the…

Most college and university speech codes would not survive a legal challenge, according to a report released in December by the Foundation for Individual Rights in Education, a watchdog group for free speech on campuses. The report labeled many speech codes as overly broad or vague, and cited examples such as Furman University's prohibition of…

"The only way to make sense out of change is to plunge into it, move with it, and join the dance." Change can be scary. Quite often people find themselves venturing down an unknown path, unsure of what twists and turns will come their way. This uncertainty brings about questions, anxiety, and for some, a sense of panic. Similar emotions…

Each year, the Foundation for Individual Rights in Education (FIRE) conducts a rigorous survey of restrictions on speech at America's colleges and universities. The survey and resulting report explore the extent to which schools are meeting their legal and moral obligations to uphold students' and faculty members' rights to freedom of speech,…

This study examined the extent to which Texas school boards of education made efforts to locally modify student speech policy. Using online policy manuals provided by the Texas Association of School Boards, speech policies for 91 school districts were gathered using a purposive stratified sampling procedure and examined for local modifications to…

This study focused upon the infamous "Wall of Separation" between church and state--its cornerstones, apparently eternal construction process, and current structural integrity. Within the context of providing truly caring learning environments for all students, a critical analysis was completed in order to help determine whether or not…

The number of lawsuits pertaining to educationally related issues is on the rise in the US (Mounts, 1999). Garner (2000) reports that teachers consider legal issues the third most important area of teacher preparation. However, few universities offer undergraduate courses in educational law and few programs offer comprehensive training concerning…

Updated for the first time since 2005, this indispensable volume includes revised interpretations of the Library Bill of Rights along with key intellectual freedom guidelines and policies, including: (1) A new chapter, "Interactivity and the Internet," and other fresh material on intellectual freedom and privacy in online social…

A decade ago, the Supreme Court was almost ready to confer First Amendment protection on the "Internet" believing that it was sufficiently benign. Little did everyone anticipate how different that rosy view might seem today. Several troubling developments have occurred within the past months. Megan Meier, a 13-year-old in Missouri, was apparently…

The old childhood ditty "sticks and stones may break my bones, but words will never hurt me" has proved wiser than the avalanche of commentary provoked by the recent insults by Don Imus and the killings at Virginia Tech. Our society forbids public name-calling but allows sticks and stones. Anyone can acquire a gun, but everyone must be…