ERIC Number: ED234515
Record Type: Non-Journal
Publication Date: 1983-Mar-1
Reference Count: N/A
Curriculum and the Constitution. Issuegram 34.
Lines, Patricia M.
The United States Supreme Court has to date decided four major cases dealing with curricula or the rights of students. The Court (1) declared unconstitutional a law that prohibited instruction in evolutionary theory, (2) upheld the right of students in school to express their views on controversial subjects, (3) extended protection under the free-speech clause to student editors of a university newspaper, and (4) held that a school board must go to trial to show that it had a valid purpose in withdrawing a number of books from its school libraries. Two decisions accommodated conscience-based objections by students: the Court held that a compulsory school attendance law should not apply to Amish children beyond the eighth grade and exempted children from flag salute requirements. Lower court decisions in 1982 upheld the prohibition of one school play, stated that another play was improperly prohibited, ruled against the banning of two books and one film, made two decisions against mandatory instruction of the creationist theory, and approved sex education courses in New Jersey. The educational implications of these decisions are noted. (MLF)
Descriptors: Censorship, Controversial Issues (Course Content), Court Litigation, Curriculum, Elementary Secondary Education, Federal Courts, Higher Education, School Law, School Libraries, State Courts, Student Rights
Distribution Center, Education Commission of the States, 1860 Lincoln Street, Suite 300, Denver, CO 80295 ($2.00 prepaid; quantity discounts; add $1.00 on non-prepaid orders to cover invoicing).
Publication Type: Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: Education Commission of the States, Denver, CO.