News & Analysis as of August 3, 2025

First Amendment › Free Speech › Teachers

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Pronouns and Preliminary Injunctions: Eleventh Circuit Weighs in on Employee’s Free Speech Rights in Public Schools

Saul Ewing LLP on 7/11/2025

The United States Court of Appeals for the Eleventh Circuit recently issued an opinion rejecting a public employee’s challenge to a Florida law that prohibits teachers from using their preferred pronouns in the classroom....more

See You In Court - February 2025

Shipman & Goodwin LLP on 2/3/2025

Social media has made it much easier to disseminate hurtful criticisms about teachers, principals, superintendents and even board of education members, and the good people of Nutmeg are no exception....more

The Academic Advisor - Education Law Insights, Issue 9, November 2023

Spilman Thomas & Battle, PLLC on 11/8/2023

The Accreditation Overhaul for North Carolina (and Florida) Colleges - Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more

They Said What? First Amendment Issues in 2020

Franczek P.C. on 10/16/2020

A presidential election like no other in history, a global pandemic causing an unprecedented economic and emotional toll on our communities, and a remote learning environment where virtual communication reigns, whether in the...more

The New Norm: Responding To White Supremacy In Our Schools

Fisher Phillips on 12/13/2019

It’s here. It’s happening. Each day, another piece of what our society recognizes as white supremacist ideology finds its way into mainstream social media and news platforms. We read about it, wrestle with our stand on “free...more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Can A University Terminate For Tenured Teacher’s Twitter Tweaks?

Fisher Phillips on 6/5/2018

A series of Twitter posts from a tenured Fresno State English professor about former First Lady Barbara Bush has once again sparked a national conversation about how the First Amendment applies in the university setting, and...more

Digital Disruptions: Handling Social Media Misuse By Students And Educators

Fisher Phillips on 7/15/2017

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

Dickinson Wright on 5/11/2017

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

Franczek P.C. on 3/12/2013

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

Franczek P.C. on 2/12/2013

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

New Jersey District Dismisses Teacher Who Called Students “Future Criminals” On Facebook

Franczek P.C. on 1/22/2013

Earlier this month, a New Jersey appellate court affirmed the dismissal of a tenured teacher for comments she made about her students on Facebook. Good summaries of the case, In re O’Brien, can be found through the National...more

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