News & Analysis as of

Constitutional Challenges First Amendment School Districts

Poyner Spruill LLP

U.S. Supreme Court Requires Public Schools to Allow Parental Opt-Outs from Lessons that Substantially Interfere with Children’s...

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On June 27, 2025, the United States Supreme Court issued its decision in Mahmoud v. Taylor, 606 U.S. ___ (2025), holding that the Montgomery County Board of Education’s introduction of LGBTQ+-inclusive storybooks into its...more

Fox Rothschild LLP

Supreme Court Ruling on School Curriculum Puts Focus on Religious Opt Outs

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On the final day of its term, the U.S. Supreme Court ruled that public schools must accommodate parents’ religious objections to certain instructional materials — in this case, LGBTQ+-inclusive storybooks used in elementary...more

Miller Canfield

SCOTUS Rules Mandatory LGBTQ+ Curriculum Without Opt-Out Burdens Religious Freedom

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Can a public school require students to engage with materials that conflict with their parents’ religious beliefs without offering an opt-out? In Mahmoud v. Taylor, the U.S. Supreme Court enjoined the Montgomery County public...more

Franczek P.C.

Federal Appellate Court Finds that School Board President Violated First Amendment in Restricting Followers on Social Media

Franczek P.C. on

The U.S. Court of Appeals for the Ninth Circuit, which governs federal districts in the West/Northwest, recently held that a California school board member violated the First Amendment when blocking users’ ability to access...more

Tucker Arensberg, P.C.

School Director’s First Amendment Rights Not Violated When Board and Superintendent Criticize his Offensive Social Media Posts

Tucker Arensberg, P.C. on

Detschelt v. Norwin School District 23-cv-1402 (W.D. Pa. Dec. 20, 2024). The District Court for the Western District of Pennsylvania dismisses complaint filed by school director which alleged that statement issued by the...more

Rumberger | Kirk

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

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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

Kohrman Jackson & Krantz LLP

Ohio Senate Bill 206 Seeks to Expand School Discipline for Conduct on Social Media

Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for students who post threatening content on social media to be punished with expulsion from school for up to 180 days. The bill defines the proposed prohibited conduct...more

Bond Schoeneck & King PLLC

2024 Title IX Regulations Deemed “Unlawful”

On Jan. 9, 2025, the Eastern District of Kentucky held in State of Tennessee, et al. v. Miguel Cardona, et al. that the U.S. Department of Education’s 2024 Final Rule implementing Title IX is “unlawful.” This court decision...more

Shipman & Goodwin LLP

2024 Title IX Regulations Are Likely Vacated

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Last year was a turbulent one for Title IX, and although we are just a few days into 2025, this turbulence has persisted into the new year. Yesterday, January 9, 2025, a federal district court in Kentucky issued a ruling that...more

Tucker Arensberg, P.C.

High School Football Coach’s Mid-Field, Post-Game Prayer Ruled Protected Speech

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​​​​​​​Kennedy v. Bremerton School District, 597 U.S. __ (2022) (The United States Supreme Court concludes that a coach praying at mid-field following a high school football game was engaged in private religious expression...more

Polsinelli

Supreme Court Issues Opinion on Religious Expression for Public Employees

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The Supreme Court addressed the intersection of the First Amendment’s Establishment and Free Speech clauses as they relate to a public employee’s personal religious expression when done in the public eye. In a 6-to-3...more

Franczek P.C.

Supreme Court rules in favor of football coach who prayed on field after games

Franczek P.C. on

On Monday June 27, the Supreme Court issued their ruling in the case Kennedy v. Bremerton School District. (We previously reported on this case.) In a 6-3 decision penned by Justice Neil Gorsuch, the conservative majority...more

Franczek P.C.

Supreme Court to decide case of football coach placed on leave for post-game prayers

Franczek P.C. on

On April 25, the Supreme Court heard oral arguments in the case Kennedy v. Bremerton School District, which we previously reported on. As you may recall, the case involves a high school football coach, Joseph Kennedy, who was...more

Tucker Arensberg, P.C.

“Civility” Policy for Public Participation at School Board Meetings Found Unconstitutionally Vague

Marshall v. Amuso, No. 21-CV-4336 (E.D.Pa. November 17, 2021). (Federal court concludes that school board policy governing public participation at school board meetings was unconstitutionally vague and an infringement on free...more

Holland & Knight LLP

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

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Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more

Holland & Knight LLP

Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

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Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more

Dickinson Wright

Education Newsletter: Volume 2 Number 1

Dickinson Wright on

ARIZONA - Chandler, Arizona - In August and September reports came to light of victims of alleged hazing and sexual assault at Hamilton High School. The reported incidents were shocking. Assaults occurred between...more

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