News & Analysis as of

School Boards First Amendment

Tucker Arensberg, P.C.

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

Tucker Arensberg, P.C. on

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

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

Ballard Spahr LLP

Florida Federal Court Holds That Books May Not Be Removed From School Libraries for Ideological Reasons

Ballard Spahr LLP on

A Florida Federal Court held that the First Amendment bars the removal of books from school libraries based on hostility to their ideas or viewpoint, and that book authors and book publishers have standing to challenge the...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

Franczek P.C.

Federal Court Upholds School Board’s Enforcement of Public Comment Decorum Rules

Franczek P.C. on

The United States District Court for the District of New Jersey recently issued a decision regarding the limited First Amendment protections afforded to speakers who use offensive and disruptive speech at school board...more

Miller Nash LLP

Criticism is a Two-Way Street: a Road Well Travelled in Today’s Political World: Supreme Court Decision about Community College...

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.

“Civility” Policy for Public Participation at School Board Meetings Found Unconstitutionally Vague

Marshall v. Amuso, No. 21-CV-4336 (E.D.Pa. November 17, 2021). (Federal court concludes that school board policy governing public participation at school board meetings was unconstitutionally vague and an infringement on free...more

Bricker Graydon LLP

Can they do that? Political activity at school and board meetings

Bricker Graydon LLP on

As the COVID-19 pandemic lingers on, school boards across Ohio have experienced increased attendance at board meetings and related political activity. Additionally, Election Day is coming up on November 2, 2021, so districts...more

Maynard Nexsen

October 2020 Fourth Circuit Torts and Insurance Cases of Interest

Maynard Nexsen on

Marc Manos, of the TIPS Council, monitors the Fourth Circuit Advance sheets and selects cases that might be of interest to tort or insurance practitioners. Below are short summaries of the cases selected from October of...more

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