News & Analysis as of

First Amendment › Public Schools › Free Speech

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 -
Kohrman Jackson & Krantz LLP

C.S. v. McCrumb and Ohio’s New Expulsion Law: Balancing Student Expression and School Safety

Kohrman Jackson & Krantz LLP on

In C.S. v. McCrumb, the U.S. Court of Appeals for the Sixth Circuit addressed the scope of a public school’s ability to restrict student expression on-campus, particularly when that expression involves politically charged,...more

Saul Ewing LLP

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

Saul Ewing LLP on

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

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

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

Rumberger | Kirk

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

Rumberger | Kirk on

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

Shipman & Goodwin LLP on

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

Kohrman Jackson & Krantz LLP

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

Kohrman Jackson & Krantz LLP on

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

Miller Nash LLP

Veritas Means Truth: The Ninth Circuit Affirms Oregon’s Restriction on Unauthorized Recordings

Miller Nash LLP on

On Tuesday, January 7, 2025, the Ninth Circuit upheld Oregon’s conversational privacy statute as constitutional, finding that Oregonians have an interest in knowing when in-person conversations are recorded and that these...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2024

Spilman Thomas & Battle, PLLC on

Welcome to the third issue of The Academic Advisor for 2024. In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: -...more

Roetzel & Andress

Is the After School Satan Club Coming to Your School District?

Roetzel & Andress on

The decision of the U.S. District Court for the Eastern District of Pennsylvania in Satanic Temple, Inc. v. Saucon Valley School District, ___ F.Supp.3d ___, 2023 WL 3182934, 2023 U.S. Dist. LEXIS 75001 (May 1, 2023) is a...more

TNG Consulting

Federal Appeals Court OKs Expulsion for High Schoolers’ Instagram Posts

TNG Consulting on

The School Board expelled two students, Epple and Chen, after their violent and racist Instagram posts about classmates circulated around their high school. The students challenged the school board’s ability to discipline...more

Miller Nash LLP

Off Campus, but Still Within Reach: Ninth Circuit Affirms a Public High School’s Right to Discipline Students for Online...

Miller Nash LLP on

As anticipated, the Ninth Circuit has waded back into the choppy waters of student online and off-campus speech following the U.S. Supreme Court’s June 2021 ruling in Mahanoy Area School District v. B.L and found that a...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Speech and Schools

Morrison & Foerster LLP - Left Coast Appeals on

This week, the Court considers when the First Amendment limits the ability to discipline students for private off-campus speech. The Court holds that a public school may, consistent with the First Amendment, discipline...more

Tucker Arensberg, P.C.

School District’s Discipline for Off-Campus Social Media Post Violated Student’s First Amendment Free Speech Rights

Tucker Arensberg, P.C. on

In re Appeal of G.S., 269 A.3d 718, 722 (Pa. Commw. Ct. 2022), appeal denied, 61 MAL 2022, 2022 WL 2447538 (Pa. July 6, 2022) (The Pennsylvania Commonwealth Court determined that the expulsion of a student for a social media...more

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

Florida’s Stop Woke Law Is Sedated - Judge Blocks Law Limiting Workplace Bias Trainings

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

​​​​​​​On August 18, 2022, U.S. District Judge Mark E. Walker issued a preliminary injunction blocking part of Florida’s House Bill (H.B.) 7, known as the Individual Freedom Act (IFA), which prohibits employers from requiring...more

Fisher Phillips

SCOTUS Sides with Public School Football Coach Who was Disciplined for Praying After Games

Fisher Phillips on

The SCOTUS recently ruled in favor of a public high school football coach who lost his job after praying in front of students at the 50-yard line following the school’s football games. The Court held that the coach did not...more

Miller Nash LLP

Supreme Court Decision about Community College Raises Issues for Public Body Boards

Miller Nash LLP on

Escalated tension, dissention, disagreement have been the new normal for school district and community college boards throughout the country. Censures and reprimands, once a little used arrow in the quiver of boards, have...more

Tucker Arensberg, P.C.

Ban of Disruptive Parent from School Events not an Unconstitutional Speech Infringement

Tucker Arensberg, P.C. on

McNett v. Jefferson-Morgan Sch. Dist., 2:21-CV-01064-RJC, 2021 WL 5505849, at *1 (W.D. Pa. Nov. 23, 2021) (A parent’s challenge to being banned from school events for disruptive behavior found not to have violated his...more

Franczek P.C.

Supreme Court Agrees to Hear Case of Former Football Coach Who Prayed on the Field after School District Told Him No

Franczek P.C. on

In 2019, we reported on the case of Kennedy v. Bremerton School District involving a football coach at Bremerton High School in Washington state who was placed on administrative leave by his public school district for praying...more

Jaburg Wilk

The First Amendment Protects Only Some Arizona Students

Jaburg Wilk on

Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.” As a result, only...more

Dorsey & Whitney LLP

The Supreme Court - January 18, 2022

Dorsey & Whitney LLP on

Kevin George v. McDonough, No. 21-234: This case, involving an agency’s authority to interpret the statutes it regulates, presents the following question: When the Department of Veterans Affairs (VA) denies a veteran’s claim...more

Tucker Arensberg, P.C.

The Authority to Punish Lewd Speech is Limited Once a Student Exits School Grounds

Tucker Arensberg, P.C. on

Mahanoy Area Sch. Dist. v. B. L. by and through Levy, 141 S. Ct. 2038 (2021). The United States Supreme Court holds that while schools can sometimes regulate student speech that takes place off-campus, the school district...more

Cozen O'Connor

Employment Law Now V-96- LOTS of Big Employment Law Developments

Cozen O'Connor on

In today's new episode, Michael Schmidt talks about social media and schools (and what that means for employers generally), spousal claims against employers for getting COVID-19 at home, the withdrawal of the independent...more

Tucker Arensberg, P.C.

School District Effort to Prohibit Students' Political Attire Enjoined

Tucker Arensberg, P.C. on

Morgan v. Mifflin County School District, Case No. 1:2–CV-01930 (M.D. Pa. 2020). The United States District Court for the Middle District of Pennsylvania issued a restraining order enjoining a school district policy...more

38 Results
 / 
View per page
Page: of 2
Next »

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide