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Articles 1 - 13 of 13
Full-Text Articles in Education Law
Drafting The Priests Of Our Democracy To Serve The Diplomatic, Informational, Military & Economic Dimensions Of Power, Robin Barnes
Drafting The Priests Of Our Democracy To Serve The Diplomatic, Informational, Military & Economic Dimensions Of Power, Robin Barnes
Buffalo Public Interest Law Journal
No abstract provided.
Morse V. Frederick: Evaluating A Supreme Hit To Students' First Amendment Rights, Kellie A. Cairns
Morse V. Frederick: Evaluating A Supreme Hit To Students' First Amendment Rights, Kellie A. Cairns
Pace Law Review
No abstract provided.
Morality And Public School Speech: Balancing The Rights Of Students, Parents, And Communities, Peter J. Jenkins
Morality And Public School Speech: Balancing The Rights Of Students, Parents, And Communities, Peter J. Jenkins
BYU Law Review
No abstract provided.
Signed, Your Coach: Restricting Speech In Athletic Recruiting In Tennessee Secondary School Athletic Ass'n V. Brentwood Academy, Brian Craddock
Signed, Your Coach: Restricting Speech In Athletic Recruiting In Tennessee Secondary School Athletic Ass'n V. Brentwood Academy, Brian Craddock
Mercer Law Review
In Tennessee Secondary School Athletic Ass'n v. Brentwood Academy ("Brentwood I/,), the United States Supreme Court unanimously held that an athletic association may enforce its anti-undue-influence recruiting policy, restricting the speech of its voluntary member schools, to avoid undue influence on young student athletes during the recruitment process. In reaching its holding, the Court extended two lines of First Amendment jurisprudence. First, the Court extended the application of Ohralik v. Ohio State Bar Ass'n to a context other than attorney-client solicitation for the first time. In doing so, the Court held that the possibility of undue influence in athletic recruiting …
Sanctionable Conduct: How The Supreme Court Stealthily Opened The Schoolhouse Gate, Sonja R. West
Sanctionable Conduct: How The Supreme Court Stealthily Opened The Schoolhouse Gate, Sonja R. West
Scholarly Works
The Supreme Court's decision in Morse v. Frederick signaled that public school authority over student expression extends beyond the schoolhouse gate. This authority may extend to any activity in which a student participates that the school has officially sanctioned. The author argues that this decision is unsupported by precedent, and could encourage schools to sanction more events in the future. Because the Court failed to limit or define the power of a school to sanction an activity, the decision could have a chilling effect on even protected student expression. The author commends the Court for taking up this issue after …
Anti-Harassment Provisions Revisited: No Bright-Line Rule, Martha Mccarthy
Anti-Harassment Provisions Revisited: No Bright-Line Rule, Martha Mccarthy
Brigham Young University Education and Law Journal
No abstract provided.
The Pledge Of Allegiance In The Classroom And The Court: An Epic Struggle Over The Meaning Of The Establishment Clause Of The First Amendment, Brian Wheeler
Brigham Young University Education and Law Journal
No abstract provided.
Student Speech: School Boards, Gay/Straight Alliances, And The Equal Access Act, Todd A. Demitchell, Richard Fossey
Student Speech: School Boards, Gay/Straight Alliances, And The Equal Access Act, Todd A. Demitchell, Richard Fossey
Brigham Young University Education and Law Journal
No abstract provided.
The Court's Missed Opportunity In Harper V. Poway, Andrew Canter, Gabriel Pardo
The Court's Missed Opportunity In Harper V. Poway, Andrew Canter, Gabriel Pardo
Brigham Young University Education and Law Journal
No abstract provided.
Citizen Teacher: Damned If You Do, Damned If You Don't, Susan P. Stuart
Citizen Teacher: Damned If You Do, Damned If You Don't, Susan P. Stuart
Law Faculty Publications
The recent Supreme Court case of Garcetti v. Ceballos is becoming one of the most-used cases in its mere two-year history. It denies to public employees the protection of the First Amendment when speaking in their official duties. In reviewing the cases both leading up to and then relying oh Garcetti, one is struck by the inherent conflict that nowpermeates some school board-employee relationships. Whereas preceding cases attempted to reach a balance between the school board and its employees' speech rights, bad management practices now seem to trump the First Amendment. Such practices have school boards discharging teachers and …
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai
Faculty Scholarship
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …
The Problem Of Religious Learning, Marc O. Degirolami
The Problem Of Religious Learning, Marc O. Degirolami
Scholarly Articles
The problem of religious learning is that religion-including the teaching about religion-must be separated from liberal public education, but that the two cannot be entirely separated if the aims of liberal public education are to be realized. It is a problem that has gone largely unexamined by courts, constitutional scholars, and other legal theorists. Though the U.S. Supreme Court has offered a few terse statements about the permissibility of teaching about religion in its Establishment Clause jurisprudence, and scholars frequently urge policies for or against such controversial subjects as Intelligent Design or graduation prayers, insuffi- cient attention has been paid …
Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett
Can There Really Be "Free Speech" In Public Schools?, Richard W. Garnett
Journal Articles
The Supreme Court's decision in Morse v. Frederick leaves unresolved many interesting and difficult problems about the authority of public-school officials to regulate public-school students' speech. Perhaps the most intriguing question posed by the litigation, decision, and opinions in More is one that the various Justices who wrote in the case never squarely addressed: What is the "basic education mission" of public schools, and what are the implications of this "mission" for officials' authority and students' free-speech rights. Given what we have come to think the Free Speech clause means, and considering the values it is thought to enshrine and …