In "Carson v. Makin," the U.S. Supreme Court ruled that, if a state offers tuition assistance for students to attend private schools, then requiring that those private schools be nonsectarian violates the Free Exercise Clause of the First Amendment. Robert Kim discusses how this case aligns with other decisions related to the free…

On 26 September 2001, the Chino Valley School District, which is approximately 30 miles east of Los Angeles, signed a negotiated agreement with the duly authorized union representing the certified employees, the Associated Chino Teachers (ACT). The agreement provided that every member of the represented unit would become either a member of the ACT…

During the 2002-03 school year, Michael B., Rebecca D., and Aldo V. were eighth-graders at the Regional Gifted Center program at the Beaubien School in the Chicago school system. In February, the Beaubien School held an annual contest for eighth-graders to determine the design for the class T-shirt. Michael was disappointed that his design did not…

Discusses "Mozert v. Hawkins," pointing out four important factors in the case, and shows the reasonable and reasoned way the judge's final decision was made. (MD)

Presents a historical, national, and legal overview of home schooling. Reviews official responses and constitutional limits on state regulation and offers suggestions on ways that public educators and home-schoolers can improve their relationship. Recommends that public officials take initial steps to bridge the communication gap. (CJH)

Reviews a recent court decision in Nebraska regarding the cancellation of a controversial film on the University of Nebraska campus. The film was cancelled after a state senator threatened to close the theater if the movie was shown. The lawsuit alleged the university violated the First Amendment in cancelling the film; the judge ruled for the…

A recent Supreme Court decision on a First Amendment case involving a teacher in Texas illustrates how teachers' and other public employees' rights to freedom of speech face serious erosion. The problem is deciding whether grievances fall into the protected area of "public concern" or the unprotected area of a "purely private…

Reviews the split decision of the U.S. Supreme Court in June 1981 that upheld the authority of the Minnesota State Fair to restrict the fairground solicitation activities of the Krishna religious sect. Discusses the relevance of the case to schools and colleges that constantly face problems concerning First Amendment rights. (Author/WD)

Reviews pertinent court cases in a discussion of how much freedom teachers have to decide how they will teach their students. Includes cases in which teacher authority was upheld and others in which it was denied. (Author/WD)

Discusses a California case involving a tenured professor's controversial teaching style, which focused on "obscene" topics and assignments that allegedly humiliated female students. The professor eventually prevailed in a Ninth Circuit appeal. The lesson: when attempting to eradicate sexual harassment, we cannot abandon important First…

Analyzes Arkansas case wherein the Eighth Circuit held 6-5 that letter written by seventh-grade student threatening violence against his former girl friend was not protected by the First Amendment even though a friend took the letter from student's home without his knowledge and gave it to the girl. Upheld board's decision to expel student.…

Discusses case of peer-to-peer harassment of a homosexual high school student in Nevada involving "Tinker" First Amendment expression issues and Title IX peer-harassment case law. Prior to trial, school district agreed to a substantial monetary settlement, but did not admit to First Amendment or Title IX violations. (Contains 13…

Analyzes Massachusetts case involving Salem State College decision to prevent a student from continuing his student teaching at an elementary school because of his continued expression of strongly held religious views in the classroom. First Circuit Court of Appeals upheld the college's decision rejecting the student's claim that his 1st and 14th…

Discusses an unsuccessful lawsuit brought by Margaret Boring, an acclaimed high school drama teacher in Buncombe County, North Carolina. She was transferred to a middle school for allegedly violating the school's "controversial materials" policy after students performed an expurgated version of Lee Blessing's "Independence."…

Reviews a tenure case involving a visiting female assistant professor at the University of Baltimore's Merrick School of Business. Up for early tenure review, she was rejected due to personality differences (an unstated tenure criterion). She lost in the courts, which increasingly disdain individual collegiality and First Amendment claims. (MLH)