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First Amendment Gender Identity School Policies

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 -
Pullman & Comley - School Law

U.S. Supreme Court Announces New Legal Standard for First Amendment Free Exercise Challenges to Curriculum and Instruction

In a 6-3 decision with the justices split along familiar ideological lines, the United States Supreme Court held on Friday, June 27, in Mahmoud v. Taylor, 606 U.S. ___ (2025) (Case No. 24-297)...more

Fisher Phillips

Federal Court Blocks Sweeping Title IX Rule for Schools Nationwide: How Your School Can Approach the Changes

Fisher Phillips on

A federal court just blocked the sweeping Title IX rule finalized by the Biden administration last year – effectively wiping the entire rule off the books for all schools nationwide. Prior to Thursday’s ruling, schools across...more

Jackson Lewis P.C.

What Schools Need to Know After Court Vacates Title IX Regulations Nationally

Jackson Lewis P.C. on

The Biden Administration’s April 2024 changes to Title IX regulations were struck down in a court ruling that applies nationwide. State of Tennessee v. Cardona, No. 2: 24-072-DCR (E.D. Ky. Jan. 9, 2025). The Kentucky federal...more

Shipman & Goodwin LLP

2024 Title IX Regulations Are Likely Vacated

Shipman & Goodwin LLP on

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

Fisher Phillips

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

Fisher Phillips on

Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

Steptoe & Johnson PLLC

Key Court Decisions Address Issues Concerning the Application of Title IX

Professor’s Classroom Speech Deemed Protected - In a case involving questions regarding the application of Title IX to classroom instruction, the Sixth Circuit Court of Appeals reasoned that a university’s gender-identity...more

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