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Dagley, Amy L.; Weiler, Spencer C. – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2017
The purpose of this legal analysis was to determine if there was evidence suggesting that courts, when ruling on off-campus student speech cases that result in on-campus discipline, take into consideration the degree of discipline imposed by school officials. The analysis consisted of reviewing the 34 adjudicated and published cases that…
Descriptors: Freedom of Speech, Student Behavior, Court Litigation, Public Schools
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Kershner, Seth – American Educational History Journal, 2014
For more than forty years, parents, teachers, veterans, and community activists have engaged in grassroots resistance to the military's presence in schools. The historical study of campaigns against militarism in schools remains underdeveloped. This is a glaring omission, given the breadth and history of this activism. Militarism in the…
Descriptors: Peace, Activism, Volunteers, High Schools
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Gooden, Mark A. – Journal of School Leadership, 2012
Principals have acknowledged the challenges with remaining current on issues in the law. A unique challenge for principals is the intersection of students' First Amendment rights in the school context and the legal issues surrounding student-created webpages. Using a randomly selected sample of Ohio high school secondary principals, I investigated…
Descriptors: Principals, Constitutional Law, Legal Problems, Administrator Attitudes
Fromm, Megan E. – ProQuest LLC, 2010
Legal scholars rarely focus on student First Amendment rights, and general public understanding of the extent of these rights is vague at best. While media scholars have focused much attention on newspaper coverage of more mainstream issues, no notable attention has been given to examining the way news media cover student First Amendment rights.…
Descriptors: Newspapers, News Reporting, Censorship, Freedom of Speech
Taylor, Kelley R. – Principal Leadership, 2010
This article presents a sample legal battle that illustrates school officials' "reasonable forecasts" of substantial disruption in the school environment. In 2006, two students from a Texas high school came to school carrying purses decorated with images of the Confederate flag. The school district has a zero-tolerance policy for…
Descriptors: Court Litigation, School Policy, Freedom of Speech, Constitutional Law
Taylor, Kelley R. – Principal Leadership, 2010
On February 18, 2010, the U.S. Court of Appeals for the 3rd Circuit (covering Pennsylvania, New Jersey, Delaware, and the Virgin Islands) handed down rulings in two different cases involving regulation of student speech when that speech takes place online and off campus. The rulings--one that favored the school district defendant and the other…
Descriptors: School Districts, Court Litigation, School Personnel, Freedom of Speech
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Russo, Charles J. – Education and the Law, 2007
Enshrined in the First Amendment as part of the Bill of Rights that was added to the then 4 year old US Constitution in 1791, it should be no surprise that freedom of speech may be perhaps the most cherished right of Americans. If anything, freedom of speech, which is properly treated as a fundamental human right for children, certainly stands out…
Descriptors: Freedom of Speech, National Security, Courts, Constitutional Law
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Graca, Thomas J.; Stader, David L. – NASSP Bulletin, 2007
This article lays the foundation of American First Amendment jurisprudence in public schools and examines recent cases relating to student Internet speech. Particular emphasis is placed on the ability of schools to regulate student off-campus Internet speech. School authorities who wish to regulate nonthreatening off-campus speech in the…
Descriptors: Internet, Constitutional Law, Freedom of Speech, Student Rights
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Hall, R. Trevor; Carter, Ed – Education and the Law, 2006
The use of Internet filters in public classrooms in the USA has been intensely debated, both in terms of its effectiveness and legality. The debate pits concerns to protect students from indecent material against issues of unconstitutional censorship. This paper examines the legal issues addressed in various rulings by the US Supreme Court…
Descriptors: Legal Problems, Internet, Court Litigation, Access to Information
Taylor, Kelley R. – Education Digest: Essential Readings Condensed for Quick Review, 2006
In this article, the author discusses the quandary encountered by school officials at Poway High School in California in April 2004 when a student wore a T-shirt that reads, "Be ashamed, our school embraced what God has condemned" on the front and "Homosexuality is shameful--Romans 1:27" on the back. The student wore that…
Descriptors: Freedom of Speech, Court Litigation, Homosexuality, Student Rights