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Full-Text Articles in Law
The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio
The "Compulsory School Attendance" Case: Wisconsin V. Yoder, Michael Buchicchio
Akron Law Review
It is an important constitutional doctrine that a law generally constitutional "on its face," may be unconstitutional "as applied" in specific instances. The Amish case marks the first occasion that the Court has clearly articulated that exception in favor of a minority religious group. It would appear that compulsory education laws are-"on their face"--within a state's constitutional powers, but under the facts of this case, the First Amendment requires that the Amish be exempt.
Book Removal In Secondary Schools: A Violation Of The First Amendment? Board Of Education V. Pico, Cherlyn Pherigo
Book Removal In Secondary Schools: A Violation Of The First Amendment? Board Of Education V. Pico, Cherlyn Pherigo
Akron Law Review
In the American democratic system, it is not uncommon for small, publicly-elected bodies to control the workings of societal institutions. These bodies may be federal, state or local in realm and function, and are usually given wide discretion. But who is it that controls the actions of these bodies This question is paramount to the myriad of recent cases involving the removal of books from secondary school libraries. The body involved is the local school board - an elected unit charged with the duty of managing school affairs. In that process of management, however, local school boards are apparently not …
School Board Authority And First Amendment Rights: The View After Board Of Education, Island Trees V. Pico, Joseph D. Mccann
School Board Authority And First Amendment Rights: The View After Board Of Education, Island Trees V. Pico, Joseph D. Mccann
Akron Law Review
This analysis will begin with an examination of the historical bases for the state's educational authority and the traditional limitations placed on this authority by the courts. Next, the genesis of students' rights will be reviewed along with the restrictions the growth of these rights has imposed upon school board authority. The paper will then turn to the Pico case itself - surveying the various judicial approaches taken in balancing the interests of school board authority and students' rights and scrutinizing these approaches for the proper theoretical framework for student first amendment rights analysis. Finally, the paper will examine the …
Mathew Fraser Sheds His Consititutional Rights To Freedom Of Speech At The Schoolhouse Gates, Karrie M. Kalai
Mathew Fraser Sheds His Consititutional Rights To Freedom Of Speech At The Schoolhouse Gates, Karrie M. Kalai
Akron Law Review
The Constitution does not bestow an "unbridled license giving immunity for every possible use of language." The first amendment is not the guardian of unregulated talkativeness. Accordingly, the state's power to control the conduct of children reaches beyond the scope of its authority over adults, and the well-being of children is one subject entirely within the state's constitutional power to regulate. While children clearly have some first amendment rights, these rights differ in important respects from the rights enjoyed by adults. As the Supreme Court noted, "the world of children is not strictly part of the adult realm of free …