Focuses First Amendment claims within the public schools: (1) claims of students to free expression; (2) right of students to receive information; (3) right of teachers to use materials and teaching methods of choice; and (4) right of parents to have their children exempted from assertedly objectionable materials. (MLF)

In "Mozert," fundamentalist parents claim that the reading curriculum interfered with their right to transmit religious values to their children. The district court fashioned an excusal scheme; however, the Sixth Circuit reversed this decision. Reviews the facts, analyzes points of law left unresolved, and discusses the broader…

Examines recent Supreme Court opinions to illustrate how the justices are reinterpreting the First Amendment. Discusses student freedom of expression, freedom of religion, the free exercise clause, and the establishment clause. Concludes that a perceived trend in court decisions to limit freedom of religion and expression requires teachers to help…

Teaching ethical values is often challenged as an infringement on students' religious rights. This article addresses key questions concerning schools' legal responsibilities, courts' treatment of curriculum-related challenges based on alleged First Amendment violations, and courts' handling of teacher proselytizing or "opting out" cases.…

Rather than focus on "who" makes the determination about students' access to sexually explicit expression, this volume examines the legal issues affecting "whether" to permit that access and "how much" access to allow. In sum, this book is intended to facilitate meaningful discussion about the regulation of minors'…

These guidelines, addressing the extent to which religious expression and activity are permitted in public schools, were originally issued in 1995. Changes have been made in the sections on religious excusals and student garb to reflect the Supreme Court decision in "Boerne v. Flores" declaring the Religious Freedom Restoration Act…

The 1982 Supreme Court decision in "Pico v. Island Trees Union Free School District" occasioned an ideological war over interpretation of the First Amendment, but a review indicates that it is an additional case in the long-standing attempt to find the proper balance between the amendment and the efficiencies of government. In…

In the case of "Pico v. Island Trees Union Free School District," involving school library censorship by a Long Island (New York) board, the U.S. Supreme Court in 1982 failed to decide whether board discretion or First Amendment rights should prevail, and instead remanded the case to lower courts. The author of this document first…

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)

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 two court decisions relating to religion-based objections to public school instructional materials. Includes discussion of the issues involved in the court decisions as well as recommendations to schools about how to deal with such objections. (MD)

The "Pico v. Island Trees Union Free School District" decision affirmed students' right to receive information under the First Amendment and concluded that removing books from school libraries infringes on that right. Book removals solely to suppress ideas are open to court review in the absence of clearly established administrative…

Two articles in this instructional newsletter elucidate rulings by the United States Supreme Court, Circuit Court of Appeals, and District Courts affecting state sponsored school prayer: (1) "First Amendment Prayer Pendulum"; (2) "First Amendment. Rosenberger v University of Virginia." The newsletter provides the facts of the…