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Supreme Court Denies First Religious Charter School, Leaves Question Over Constitutionality Unresolved

On May 22, 2025, the United States Supreme Court issued a one-sentence order affirming the judgment of the Oklahoma Supreme Court in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond, and St....more

Supreme Court Appears Split on Whether to Approve Religious Charter School

On April 30, 2025, the United States Supreme Court heard oral arguments in the consolidated cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond. If the...more

Court Finds School Board Erred in Punishing Teacher for Political Activity on Social Media

Florida’s Fifth District Court of Appeal (“Fifth DCA”) recently determined the Duval County School Board erred when it disciplined a teacher for politically-charged social media posts made in the run-up to the 2020...more

Supreme Court to Decide Fate of Nation’s First Religious Charter School

On January 24, 2025, the United States Supreme Court granted two petitions for certiorari in the cases of Oklahoma Statewide Charter School Board v. Drummond and St. Isidore of Seville Catholic Virtual School v. Drummond,...more

SCOTUS Clarifies Scope of Social Media Liability for Public Officials

On March 15, 2024, the United States Supreme Court handed down its decisions in Lindke v. Freed and O’Connor-Ratcliff v. Garnier, two similar cases which broadly asked when public officials may be liable for their use of...more

First Amendment Wheel Doesn’t Stop Spinning: What Risk Managers Need to Know for the New School Year

As the school year begins, a heightened focus has been placed on schools both nationally and at the local level. Schools are becoming the battlefield where some of the most high-profile cultural clashes occur, which means...more

U.S. Supreme Court Okays Religious School Tuition Vouchers: Gives Official “Thumbs Up” to Florida’s School Choice Laws

Earlier this summer, the U.S. Supreme Court found that Maine’s tuition assistance program violated the Free Exercise Clause of the First Amendment. In order to fulfill the Maine Constitution’s guarantee that every child...more

Freely Flying Flags Can Lead to Flagrant Free Speech Fouls

While it is axiomatic that when the government speaks, it speaks only for itself; however, the line between government and private speech can be easily blurred. The City of Boston learned this lesson the hard way when the...more

Ding Dong! Lemon’s Dead: SCOTUS Clarifies Establishment Clause

Well that didn’t take long. Fresh off the Supreme Court’s June 2022 decision in Kennedy v. Bremerton School District, 142 S. Ct. 2407 (2022), the Court of Appeals for the Eleventh Circuit has resolved any ambiguity as to...more

Cursing Cheerleader Wins at Supreme Court, but Schools Retain Ability to Punish Certain Off-Campus Speech

In the colorfully known “cursing cheerleader” case, the U.S. Supreme Court found a student’s school violated her First Amendment rights. In an 8-1 decision authored by Justice Breyer and decided Wednesday, June 23, 2021, the...more

Justices Show Little Spirit for Expanding Tinker: SCOTUS Wrestles with Appropriate Standard for Regulating Off-Campus Student...

In 1969, the Supreme Court recognized both that students do not surrender their First Amendment rights at the schoolhouse gates, but that schools do have the right to discipline students for speech that could cause...more

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