The American Library Association reported an "unprecedented spike" in the number of book removal requests in the final months of 2021, and most of these challenges focus on books about people from marginalized communities. Robert Kim asks whether such removals violate the First Amendment and explores how much discretion court have…

Political dissent has played an important role in giving U.S. citizens a voice and promoting justice for all. But too often, Sarah Stitzlein argues, dissent is underappreciated, especially in schools. Stitzlein discusses the obstacles to teaching dissent, particularly political movements seeking to suppress curricula and ideas that are considered…

The Supreme Court ruled in San Antonio Independent School District v. Rodriguez (1973) that there is no constitutional right to education, but that has not stopped families and education activists from arguing that this right is implicit in the Fourteenth Amendment. Nicholas Tampio contends that, based upon the history of federal involvement in…

Public funding of private K-12 schooling through vouchers continues to be a contentious issue across the U.S., even though a solid majority of Americans continues to oppose them. The voucher plans run the risk of legal challenge for how they handle the rights of students with disabilities and whether they violate state constitutional provisions…

This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…

This examination of a case that is seeking to determine whether a district in Tennessee met its obligation under the Individuals with Disabilities Act to provide a "free appropriate public education" to a student with autism concludes that the courts' decisions to date are already literally remarkable for several reasons. These reasons…

Presents information on the changing scene of juvenile justice. Includes information on recent court decisions, the disposition of offenders in juvenile court, and recent legislation. (IRT)

As in other educational realms, the courts are asserting more and more authority over interscholastic athletics. A summary of pertinent cases and decisions. (Editors)

The U.S. Supreme Court is applying a new legal standard in court actions involving students' constitutional rights. Instead of basing decisions on the "substantial interference" argument, the Court is giving school officials broad latitude to structure an environment in which students can both learn and develop "socially appropriate…

Describes two recent court cases that demonstrate the difficulty of balancing the emphasis on drug detection with the privacy rights of students. Concludes that school officials should not be quick to assume that reasonable suspicion exists. (IW)

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…

Reviews the United States Supreme Court's findings in "New Jersey vs. T.L.O.," a case hinging on the reasonableness of a school official's search of a student's purse. Cites several issues that remained unresolved after the decision and argues that the court could have been more helpful. (PGD)

The Texas Supreme Court ruled that students' rights to participate in extracurricular activities were not on the same level as rights to free speech and found that the state law barring failing students from extracurricular activities was rationally related to a legitimate state interest in educational quality. (PGD)

Reviews "Bethel School District vs. Fraser," a case in which a student was suspended for presenting an "indecent" speech to his school's student body. Lower courts found the student's First Amendment rights violated, but the U.S. Supreme Court's decision to hear the case suggests these rights may be reexamined. (PGD)

Peter D. Roos comments in an interview on developments in the area of student rights in the 10 years since he successfully represented the plaintiff in "Goss vs. Lopez." (PGD)