Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- First Amendment (121)
- Constitutional Law (77)
- Civil Rights and Discrimination (24)
- Supreme Court of the United States (23)
- Religion Law (21)
-
- Law and Society (13)
- Law and Gender (11)
- Jurisprudence (9)
- Juvenile Law (9)
- State and Local Government Law (9)
- Courts (8)
- Law and Race (8)
- Legal Education (8)
- Communications Law (7)
- Fourteenth Amendment (7)
- Internet Law (7)
- Law and Politics (7)
- Health Law and Policy (6)
- Labor and Employment Law (6)
- Legal Writing and Research (6)
- Legislation (6)
- Litigation (6)
- Education (5)
- Immigration Law (5)
- International Law (5)
- Legal History (5)
- Science and Technology Law (5)
- Sexuality and the Law (5)
- Institution
-
- Pepperdine University (10)
- St. John's University School of Law (10)
- University of Colorado Law School (10)
- Maurer School of Law: Indiana University (9)
- Yeshiva University, Cardozo School of Law (9)
-
- Washington and Lee University School of Law (7)
- Notre Dame Law School (6)
- Seattle University School of Law (6)
- American University Washington College of Law (4)
- The University of Akron (4)
- University of Florida Levin College of Law (4)
- University of Richmond (4)
- Cleveland State University (3)
- Georgetown University Law Center (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Georgia School of Law (3)
- University of Kentucky (3)
- University of South Carolina (3)
- Belmont University (2)
- Chicago-Kent College of Law (2)
- Georgia State University College of Law (2)
- Mitchell Hamline School of Law (2)
- Pace University (2)
- SJ Quinney College of Law, University of Utah (2)
- Texas A&M University School of Law (2)
- The Catholic University of America, Columbus School of Law (2)
- University of San Diego (2)
- University of the District of Columbia School of Law (2)
- Valparaiso University (2)
- Claremont Colleges (1)
- Publication Year
- Publication
-
- Faculty Publications (10)
- Pepperdine Law Review (10)
- Publications (8)
- Supreme Court Case Files (7)
- Seattle University Law Review (6)
-
- Faculty Scholarship (5)
- Indiana Law Journal (5)
- Journal Articles (5)
- Akron Law Review (4)
- Articles (4)
- Law Faculty Publications (4)
- Scholarly Works (4)
- UF Law Faculty Publications (4)
- Articles by Maurer Faculty (3)
- Cardozo Law Review (3)
- Court Briefs (3)
- Scholarly Articles in Law Reviews & Journals (3)
- St. John's Law Review (3)
- Belmont Law Review (2)
- Cardozo Law Review de•novo (2)
- Catholic University Law Review (2)
- Chicago-Kent Law Review (2)
- Cleveland State Law Review (2)
- Elisabeth Haub School of Law Faculty Publications (2)
- Georgetown Law Faculty Publications and Other Works (2)
- Georgia State University Law Review (2)
- San Diego Law Review (2)
- Utah Law Review (2)
- Arkansas Law Review (1)
- Dickinson Law Review (2017-Present) (1)
- Publication Type
- File Type
Articles 91 - 120 of 149
Full-Text Articles in Education Law
The First Amendment, Public School Students, And The Need For Clear Limits On School Officials' Authority Over Off-Campus Student Speech, Rory A. Weeks
Georgia Law Review
When, if ever, can school officials punish a student's off-
campus speech? The Supreme Court's student-speech
jurisprudence does not provide a clear answer. But this
much is clear: School officials do not possess absolute
authority over students' on-campus speech. Public school
students do not shed their First Amendment rights at the
schoolhouse gate. And yet during school or school-related
activities, public school students do not have coequal First
Amendment rights with adults in other contexts. During
school or school-related activities, school officials may
proscribe otherwise-permitted speech in order to fulfill the
school's basic educational mission, which includes
instructingstudents in civility. …
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley
Cleveland State Law Review
This Note argues that the Tinker standard needs to be reevaluated to encompass Internet-related cases both by eliminating the “on-campus” requirement and by further defining what constitutes a “substantial disruption.” The “on-campus” requirement should be eliminated for the following reasons: 1) lower federal courts already disregard this condition for Internet-related cases; 2) it leads students to abuse their First Amendment rights; and 3) this requirement threatens the safety of teachers, students, and other school personnel. Additionally, Tinker's “substantial disruption” prong would be better understood as a factors test. This ensures that schools utilize the same criteria in determining whether a …
The Overhyped Path From Tinker To Morse: How The Student Speech Cases Show The Limits Of Supreme Court Decisions--For The Law And For The Litigants, Scott A. Moss
Publications
Each of the Supreme Court's high school student speech cases reflected the social angst of its era. In 1965's Tinker v. Des Moines Independent Community School District, three Iowa teens broke school rules to wear armbands protesting the Vietnam War. In 1983, amidst parental and political upset about youth exposure to sexuality in the media, Bethel School District No. 403 v. Fraser and Hazelwood School District v. Kuhlmeier allowed the censorship of an innuendo-filled student government speech and a school newspaper article on teen pregnancy and parental divorce. In 2007, Morse v. Frederick paralleled the rise of reality television …
Imaginary Threats To Government's Expressive Interests, Helen Norton
Imaginary Threats To Government's Expressive Interests, Helen Norton
Publications
The Supreme Court’s emerging government speech doctrine permits the government to refuse to allow other parties to join, and thus change or distort, its own message. In this way, the government speech doctrine appropriately protects government’s legitimate – and valuable – expressive interests by providing a defense to free speech clause claims by private speakers who seek to compel the government to deliver their own views. Too often, however, governmental bodies are asserting their own expressive interests to claim – and some courts are permitting them to exercise – the power to punish private parties’ speech that does not threaten …
Teaching Values, Teaching Stereotypes: Sex Education And Indoctrination In Public Schools, Jennifer S. Hendricks, Dawn Marie Howerton
Teaching Values, Teaching Stereotypes: Sex Education And Indoctrination In Public Schools, Jennifer S. Hendricks, Dawn Marie Howerton
Publications
Many sex education curricula currently used in public schools indoctrinate students in gender stereotypes. As expressed in the title of one article: "If You Don't Aim to Please, Don't Dress to Tease," and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer, Jennifer L. Greenblatt, 14 Tex.J. on CL. & CR. 1 (2008). Other lessons pertain not only to responsibility for sexual activity but to lifelong approaches to family life and individual achievement. One lesson, for example, instructs students that, in marriage, men need sex from their wives and women need financial support from their husbands. …
The Suppression Of A Saggin' Expression: Exploring The "Saggy Pants" Style Within A First Amendment Context, Onika K. Williams
The Suppression Of A Saggin' Expression: Exploring The "Saggy Pants" Style Within A First Amendment Context, Onika K. Williams
Indiana Law Journal
No abstract provided.
The Power Of The Parental Trump Card: How And Why Frazier V. Winn Got It Right, Jocelyn Floyd
The Power Of The Parental Trump Card: How And Why Frazier V. Winn Got It Right, Jocelyn Floyd
Chicago-Kent Law Review
When two fundamental rights are in conflict, such that the protection of one requires the infringement of the other, courts must weigh those rights against each other to determine which is ultimately greater. In Frazier v. Winn, the Eleventh Circuit dealt with precisely such an issue: specifically, the rights of parents pitted against those of their children. This note explores the history of both parental rights and student's rights in school to show why the court appropriately affirmed that children's right to free speech is only as expansive as their parents allow, justified by the parents' fundamental right to …
First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch
First Amendment Protection Of Teachers' Instructional Speech: Extending Rust V. Sullivan To Ensure That Teachers Do Not Distort The Government Message, Emily White Kirsch
Cleveland State Law Review
The emergence of political activism in the 2008 presidential election extended throughout the country and even to where partisan politics have no place: the public school classroom. In 2004, the New York City Board of Education enacted a regulation that prohibited teachers from wearing any material supporting political candidates or organizations. During the 2008 election, teachers who wanted to wear partisan political buttons in the classroom while teaching claimed that the regulation violated their First Amendment rights. Although the Southern District of New York ultimately held that the teachers had no First Amendment claim, the court's decision, which involved sorting …
Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve
Religion, Science And The Secular State: Creationism In American Public Schools, Gene Shreve
Articles by Maurer Faculty
This Article examines the current debate whether creationism may be taught in American schools given the constraints of the Establishment Clause of the First Amendment of the U.S. Constitution. The author considers some of the social and political consequences of the U.S. Supreme Court's leading cases. The article concludes by questioning whether the Supreme Court has succeeded in justifying its restrictive decisions in this controversial area.
Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain
Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, Joseph A. Tomain
Articles by Maurer Faculty
Normative and doctrinal analysis shows that schools do not possess jurisdiction over offensive online student speech, at least when it does not cause a substantial disruption of the school environment. This article is a timely analysis on the limits of school jurisdiction over offensive online student speech.
On February 4, 2010, two different Third Circuit panels issued opinions reaching opposite conclusions on whether schools may punish students based on online speech created by students when they are off-campus. The Third Circuit vacated both decisions and is considering these cases in a consolidated en banc appeal. Another case addressing the same …
Teaching Freedom: Exclusionary Rights Of Student Groups, Joan W. Howarth
Teaching Freedom: Exclusionary Rights Of Student Groups, Joan W. Howarth
Scholarly Works
Progressive, anti-subordination values support robust First Amendment protection for high school and university students, including strong rights of expressive association, even when those rights clash with educational institutions' nondiscrimination policies. The leading cases addressing the conflicts between nondiscrimination policies and exclusionary student groups are polarized and distorted by their culture war context. That context tainted the leading authority, Boy Scouts of America v. Dale, and is especially salient in the student expressive association cases, many of which are being aggressively litigated by religious groups with strong anti-homosexuality goals. The strength of these First Amendment claims can be difficult to recognize …
Death Or Transformation? Educational Autonomy In The Roberts Court, Elizabeth Dale
Death Or Transformation? Educational Autonomy In The Roberts Court, Elizabeth Dale
UF Law Faculty Publications
In the aftermath of the Supreme Court's decisions in Grutter and Gratz a number of commentators argued that the Court had begun to embrace a new constitutional doctrine that required deference to the decisions of some institutions. Most notably they asserted that the Court would defer within the field of education. But even as they suggested that the Court was more willing to explore the doctrine, those two opinions left several large questions unanswered: Did the Court's embrace of institutional autonomy extend beyond higher education, into the K-12 realm? If so, what were its bounds? Was the doctrine only relevant …
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 …
Misuse And Abuse Of Morse V. Frederick By Lower Courts: Sretching The High Court's Ruling Too Far To Censor Student Expression, Clay Calvert
Misuse And Abuse Of Morse V. Frederick By Lower Courts: Sretching The High Court's Ruling Too Far To Censor Student Expression, Clay Calvert
Seattle University Law Review
This Article argues that the Fourth Amendment protects confidential attorney-client communications from unreasonable government intrusion, including unreasonable court orders compelling production of attorney-client communications. The Article begins by focusing on the elements of a claim under the Fourth Amendment. Part II identifies the elements and subsequent sections address each element in the context of attorney-client communications. Part III considers the legitimate expectation of privacy in confidential attorney-client communications. Part IV addresses the search and seizure requirement, explores authority distinguishing between "actual" and "constructive" searches, and concludes that, in addition to searches, court-ordered production of attorney-client communications (a "constructive" search and …
Government As Educator: A New Understanding Of First Amendment Protection Of Academic Freedom And Governance, Judith C. Areen
Government As Educator: A New Understanding Of First Amendment Protection Of Academic Freedom And Governance, Judith C. Areen
Georgetown Law Faculty Publications and Other Works
In Garcetti v. Ceballos, 547 U.S. 410 (2006), the Supreme Court held that statements made pursuant to the official duties of public employees are not shielded by the First Amendment from employer discipline, despite a warning from three dissenting justices that the holding could "imperil First Amendment protection of academic freedom in public college and universities." This article responds to the invitation in Garcetti to identify constitutional interests that support academic freedom and that are not fully accounted for by public-employee speech jurisprudence. It also argues that, contrary to common understanding, academic freedom is about more than faculty research and …
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
First Amendment Decisions From The October 2006 Term, Erwin Chemerinsky, Marci A. Hamilton
Articles
No abstract provided.
Institutional Academic Freedom Or Autonomy Grounded Upon The First Amendment: A Jurisprudential Mirage, Richard H. Hiers
Institutional Academic Freedom Or Autonomy Grounded Upon The First Amendment: A Jurisprudential Mirage, Richard H. Hiers
UF Law Faculty Publications
In recent decades, several federal judges and Supreme Court Justices have stated that, at some time or another in the past, the Court determined that public universities or their professional schools are entitled to institutional academic freedom (or institutional autonomy) under the First Amendment. Notwithstanding the views of many learned commentators, the Court has never so held. Concurring opinions and dicta do not constitute Constitutional law. This article traces the series of misattributions, misreadings and other errors that have contributed to the present peculiar state of confusion in regard to these matters.
Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic
Take Your Seats: A Student's Ability To Protest Immigration Reform At Odds With State Truancy And Compulsory Education Laws, Jason Scronic
Florida A & M University Law Review
No abstract provided.
Students And Workers And Prisoners - Oh, My! A Cautionary Note About Excessive Institutional Tailoring Of First Amendment Doctrine, Scott A. Moss
Students And Workers And Prisoners - Oh, My! A Cautionary Note About Excessive Institutional Tailoring Of First Amendment Doctrine, Scott A. Moss
Publications
First Amendment free speech doctrine has been called "institutionally oblivious" for ignoring how different institutions present different legal questions. This Article analyzes a little-discussed phenomenon in the growing literature about institutional context in constitutional law. With certain institutions, the situation is not institutional obliviousness but the opposite: extreme institutional tailoring of speech doctrine. The burden of proof ordinarily is on the government to justify speech restrictions, but in three institutions--public schools, workplaces, and prisons--courts allow heavy speech restrictions and defer to government officials. Even if these institutions need to restrict speech unusually often, why do we need different doctrine--institutionally tailored …
Rethinking Student Press In The 'Marketplace Of Ideas' After Hosty: The Argument For Encouraging Professional Journalistic Practices, Jacob H. Rooksby
Rethinking Student Press In The 'Marketplace Of Ideas' After Hosty: The Argument For Encouraging Professional Journalistic Practices, Jacob H. Rooksby
Law Faculty Publications
On February 21, 2006, the Supreme Court denied certiorari to Margaret L. Hosty, Jeni S. Porche, and Steven P. Barba, former student editors and staff writers of Illinois’ Governors State University (“GSU”) student newspaper, the Innovator. By denying their petition, the Court effectively ended the trio’s five-year legal battle in which they sought 42 U.S.C. § 1983 relief from Patricia Carter, Dean of Students at GSU. The students had argued that Dean Carter’s actions, which effectively required that they submit prospective issues of the Innovator to her office for administrative approval before going to press, violated their First Amendment …
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
Too Much, Too Little: Religion In The Public Schools, Jay D. Wexler
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Religious Liberty And The Law, Stephen Wermiel
Religious Liberty And The Law, Stephen Wermiel
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen
Bureaucracy And Distrust: Germaneness And The Paradoxes Of The Academic Freedom Doctrine, Alan K. Chen
University of Colorado Law Review
No abstract provided.
Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun
Academic Freedom: Disciplinary Lessons From Hogwarts, Emily M. Calhoun
Publications
No abstract provided.
Foreword, Richard B. Collins
Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton
Church Autonomy Is Not A Better Path To "Truth", Marci A. Hamilton
Articles
No abstract provided.
School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley
School Board Control Over Education And A Teacher's Right To Privacy, Ralph Mawdsley
Law Faculty Articles and Essays
Privacy as a protected right for employees in the United States is grounded in several constitutional provisions. Most generally, the notion of privacy is associated with confidentiality of information , which is protected under both the Liberty Clause of the Constitution's Fourteenth Amendment and the Fourth Amendment's protection from unreasonable searches and seizures. However, an expanded understanding of privacy can find protection under the concepts of the right of association protected under the Liberty Clause and the First Amendment, expression of ideas under the Free Speech Clause of the First Amendment, and practice of one's religious beliefs under the Free …
Institutional Academic Freedom - A Constitutional Misconception: Did Grutter V. Bollinger Perpetuate The Confusion?, Richard H. Hiers
Institutional Academic Freedom - A Constitutional Misconception: Did Grutter V. Bollinger Perpetuate The Confusion?, Richard H. Hiers
UF Law Faculty Publications
This article begins with a review of language that eventually gave rise to the concept of institutional academic freedom, and includes a summary of lower court decisions embracing that concept or notion. The second part identifies certain constitutional problems in connection with the idea that institutional academic freedom can somehow be derived from or based upon the First Amendment. The third part describes and analyzes language in the Court's Grutter decision, language that may or may not have the effect of validating the concept of institutional academic freedom under the First Amendment.
Essay: Pledging Allegiance, Michael K. Steenson
Essay: Pledging Allegiance, Michael K. Steenson
Faculty Scholarship
This Essay focuses on the Pledge of Allegiance requirement and its place in public schools. It begins with an analysis of a typical, but certainly not isolated, approach of the Minnesota Legislature, following September 11, in passing a bill that required recitation of the Pledge. This Essay then moves to a discussion of the events surrounding the 1943 United States Supreme Court decision in West Virginia State Board of Education v. Barnette and how Barnette has subsequently been interpreted. Finally, this Essay discusses the probable impact of the Minnesota Constitution on the Pledge Bill, should it pass in this legislative …
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
Jon Newman’S Theory Of Disparagement And The First Amendment In The Administrative State, Edward L. Rubin
NYLS Law Review
No abstract provided.