This policy memo examines some fundamental shifts, along with their real-world implications, within the past 60 years of Supreme Court jurisprudence, up to and including the current "Carson v. Makin" case. The Supreme Court is just a few small steps away from transforming every charter school law in the U.S. into a private-school voucher…

Many Americans are familiar with the First Amendment, but its application to prayer and religious activities in public schools is often misunderstood. Religious beliefs are increasingly diverse in the United States. Therefore, it seems imperative that school personnel are aware of the law and sensitive to an array of religious practices. We…

Heated battles over free speech have erupted on college campuses across the United States in recent months. Some of the most prominent incidents involve efforts by students to prevent public appearances by speakers espousing controversial viewpoints. Efforts to silence offensive speakers on college campuses are not new; in these endeavors, one can…

Business law and legal environment textbooks typically devote a page or two to the tort of invasion of privacy, describing the four versions of this tort, including "appropriation of identity." The Clarkson textbook notes that "An individual's right to privacy normally includes the right to the exclusive use of her or his…

In today's public secondary schools, administrators face challenges that prior generations never anticipated, one of which is the T-shirt conundrum. The T-shirts that students wear to class contain all sorts of messages and images, many of which administrators may well consider inappropriate. This article is intended to help beleaguered educators…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Criminal justice students preparing at the university level will be required to possess knowledge and understanding of applicable constitutional law, rights and responsibilities upon entering their profession to ensure the competent execution of the duties of which they will be entrusted to perform. Students majoring in the criminal justice field…

In 1997 the Tenth Circuit U.S. Court of Appeals ruled that school officials at West High School did not violate Rachel Bauchman's constitutional rights by including Christian religious music as part of its curriculum, or by staging school performances at religious sites. Three philosophical questions are investigated in this paper: whether the…

In late 1987, U.S. Supreme Court Justice Byron R. White circulated a draft opinion to his colleagues in a case about whether high school journalists had the right to be free of interference from school administrators. His opinion in the case, "Hazelwood School District v. Kuhlmeier," sided with Missouri administrators who some four years…

Teachers across the United States routinely use social media to improve communication with students and parents, enrich the classroom curriculum, and engage in professional conversations with peers. However, teacher use of social media also has a dark side. Media reports are replete with stories of teachers engaging in inappropriate social…

A new video game in which the player stalks and shoots fellow students and teachers in school settings is drawing fire from school district officials. "School Shooter: North American Tour 2012" is a first-person game that allows the player to move around a school and collect points by killing defenseless students and teachers. The game,…

Video games today give players an unprecedented opportunity to become part of the game. They literally put players in the game. And with rapid technological improvements and endless creativity, games are only becoming more realistic. They are also becoming more violent. Today's games allow players to kill, maim, dismember, and torture victims by…

History has placed the stamp of approval on the publication of the Pentagon Papers, the top-secret history of the Vietnam War. If WikiLeaks editor-in-chief Julian Assange is another Daniel Ellsberg, then it is possible the website's disclosures will be viewed over time as similarly in the public interest. A classroom discussion on the release of…

When Jake Baker wrote a violent, sexually themed story about one of his classmates and emailed it to a friend, the case that ensued highlighted how new technologies have created fresh ways for students to harass, oppress, or be oppressed by others. This article examines concepts of violence and cultural imperialism oppression, primarily as defined…

Academic freedom is at the very center of the modern university; it promotes discovery and teaching of the best possible knowledge. The need for improved regulations governing academic freedom is currently growing as a century-long consensus that focused on granting faculty members the most expansive academic freedom rights is breaking down; other…