ERIC Number: EJ720388
Record Type: Journal
Publication Date: 2005
Reference Count: N/A
Gay Issues and Students' Freedom of Expression--Is there a Lawsuit in Your Future?
Essex, Nathan L.
American Secondary Education, v34 n1 p40-47 Fall 2005
School leaders must recognize and respect the freedom of expression rights of students within reasonable limits, but they may restrict student expression that creates material and substantial disruption to the educational process. The challenge for school leaders is to achieve the proper balance between the rights of students and the needs of their schools. This article addresses the First Amendment rights of students to free expression involving gay issues in public schools. Two cases are presented in which school leaders face lawsuits for banning certain forms of student expression. The article ends with a discussion of a number of conditions that may invite a lawsuit if school leaders fail to take certain precautions involving a ban on student expression.
Descriptors: Constitutional Law, Homosexuality, Student Rights, Freedom of Speech, Court Litigation, School Administration
Ashland University/Weltmer Center, 401 College Avenue, Ashland, OH, 44805. Tel: 419-289-5273.
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Secondary Education
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment