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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
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
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
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
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
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
While the topic of vaccines dominates today’s news, the Eighth Circuit recently affirmed the dismissal of constitutional challenges to Missouri’s mandatory form for requesting a religious exemption to the state’s...more
The election is coming, and political discourse is contentious. How will your institution address speech on campus? Join Bricker attorneys Josh Nolan, Jeff Knight and Jessica Galanos for a discussion on addressing employee...more
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
After the February 14 tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, students began to organize like rarely before to protest gun violence in schools. Protests such as school walk-outs and “die-ins”...more
In a recent decision in the Northern District of Illinois, a trial court granted summary judgment in favor of a school district in a lawsuit stemming from the arrest of a local resident who was leafleting and proselytizing...more