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First Amendment › Public Schools

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 -
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

Saul Ewing LLP

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

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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

Clark Hill PLC

U.S. Supreme Court endorses parental opt-out for LGBTQ+ curriculum

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On June 27, in a 6/3 majority decision in Mahmoud v Taylor, the United States Supreme Court ruled that a public school district violated parents’ constitutional right involving religious freedom by forcing their children to...more

Troutman Pepper Locke

Solicitors General Insights: The Tale of Two Washingtons — Regulatory Oversight Podcast

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In this episode of our special Regulatory Oversight: Solicitors General Insights series, Jeff Johnson is joined by District of Columbia Solicitor General Caroline Van Zile and Washington Solicitor General Noah Purcell to...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

Carlton Fields

Top First Amendment Cases of the 2024-2025 Supreme Court Term

Carlton Fields on

The U.S. Supreme Court in its 2024–25 term continued to robustly protect religious liberty under the First Amendment but retreated from core First Amendment principles in two cases involving the internet....more

Pullman & Comley - School Law

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

Pullman & Comley - School Law on

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

Miller Nash LLP

Religion Reigns Supreme (Again): Supreme Court Decision Concerning Religious Objections to LGBTQ+-Inclusive Texts Requires...

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Religious freedom-based challenges to educational policies and actions have gained significant traction in recent years. Cases like Kennedy v. Bremerton School District, 597 US 507 (2022), concerning a football coach’s right...more

Miller Canfield

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

Miller Canfield on

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

Parker Poe Adams & Bernstein LLP

Supreme Court Upholds Parental Right to Opt Out of Certain School Curriculum on Religious Grounds

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The U.S. Supreme Court ruled on Friday, June 27, that a Maryland school district’s decision to mandate instruction using LGBTQ+-inclusive storybooks, without offering notice or opt-outs to parents, violated the First...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

Freeman Law

89th Texas’ Senate Bill 10 – The (Unconstitutional) Ten Commandments Bill

Freeman Law on

Preamble to the U.S. Constitution (and this Insights Blog). We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense,...more

Adams & Reese

Split U.S. Supreme Court Decision Leaves Religious Charter School Ban Intact

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On May 22, 2025, the U.S. Supreme Court issued a per curiam decision in Oklahoma Statewide Charter School Board v. Drummond, resulting in a 4-4 split due to the recusal of Justice Amy Coney Barrett. The Court’s split decision...more

Bond Schoeneck & King PLLC

Religious Charter Schools Continue to be Impermissible…for Now

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The State of Oklahoma has a charter school law similar in many respects to New York’s Charter Schools Act. Like in New York, Oklahoma charter schools are authorized by a state board via charter agreements between the state...more

Baker Donelson

The Supreme Court Declines to Require Religious Charter Schools

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In a one-sentence, 4-to-4 per curiam decision, the Supreme Court upheld the Oklahoma Supreme Court's ruling that approval of a religious school's participation in the state's charter school program would violate the...more

Epstein Becker & Green

The First Amendment, Front and Center - SCOTUS Today

Epstein Becker & Green on

The U.S. Supreme Court did not issue any merits opinions today, but there were two dissents from denials of cert. that merit attention, both concerning the First Amendment....more

Rumberger | Kirk

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

Rumberger | Kirk on

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

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, May 2025

Spilman Thomas & Battle, PLLC on

Welcome to our fourth issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - How a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge in New Hampshire Grants Preliminary Injunction Blocking Education Department’s DEI Letter

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On April 24, 2025, a federal judge of the U.S. District Court for the District of New Hampshire largely blocked the U.S. Department of Education from cutting funding for schools that refuse to drop diversity, equity, and...more

Tucker Arensberg, P.C.

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

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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

Tucker Arensberg, P.C.

District Court Allows First Amendment and Due Process Claims to Proceed in Flynn v. Big Spring School District

Tucker Arensberg, P.C. on

Flynn v. Big Spring Sch. Dist., No. 1:22-CV-00961, 2024 U.S. Dist. LEXIS 168913, at *2 (M.D. Pa. Sep. 19, 2024) (District Court permits Plaintiffs who were regular attendants at school board meetings to move forward with...more

Shipman & Goodwin LLP

See You In Court - February 2025

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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

Rumberger | Kirk

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

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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

Kohrman Jackson & Krantz LLP

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

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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

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