Freedom of expression is the core political ideal undergirding American democracy and recent attacks on freedom of speech are a direct threat to the liberties and rights guaranteed in the United States Constitution. Freedom of expression is essential for participatory democracy, scientific progress, individualism, and civic education in K-12…

The use of social media may be contributing to violations of copyright law and can create legal challenges for school districts trying to balance ease of communication and First Amendment freedom of speech rights against compliance with federal regulations. In this case, a district is threatened with a lawsuit for copyright violation when one of…

Support and engagement with the First Amendment among high school students is at a high level; however, little is known regarding the ways high school students learn about the First Amendment. This study examines what sources students learn about the First Amendment from, and if some sources are considered more valuable than others. This study…

Heated battles over free speech have erupted on college campuses across the United States in recent months. Some of the most prominent incidents involve efforts by students to prevent public appearances by speakers espousing controversial viewpoints. Efforts to silence offensive speakers on college campuses are not new; in these endeavors, one can…

This case is for use in graduate courses pertaining to student affairs and higher education administration. It presents challenges higher education professionals face concerning anonymous social media, and specifically how threats made through anonymous social media platforms such as Yik Yak affect the entire university community. The anonymity of…

Monica Williams, a beloved counselor of an urban middle school, is shocked to learn that she is being terminated for a comment she made on Facebook. This case was developed for use in an educational leadership course for students to evaluate an educator's right to freedom of speech in relation to social media. Instructors can use the case to…

This case illustrates why future school leaders must be prepared to handle complex legal and political issues that commonly arise in school districts today. We discuss a long-standing and unresolved legal battle between a Hasidic Jewish community and the public school district in East Ramapo, New York. In particular, we examine the difficulties…

This case demonstrates the multifaceted nature of the school uniform debate. It shows how conflicts and tensions between stakeholder groups develop and persist when policymakers and school leaders allow hidden agendas and communication barriers to subvert the decision- and policymaking processes. In particular, the case demonstrates what happens…

If Socrates returned, he would find inculcation a ubiquitous feature of U.S. education. Students and teachers who dissent from the community's wisdom are still denied their voice. The ideal of genuine Socratic inquiry remains an elite proposition. The First Amendment, which should protect students' right to question long held assumptions and…

This commentary invites Americans to confront what these authors view as the travesty that typically passes for literacy instruction for older youth in the United States who struggle with reading. In too many U.S. schools, these young people face an impoverished curriculum, receiving literacy instruction that is ill suited to their needs, or…

This handbook describes ways to prevent and resolve social problems in schools and communities. The book explores the possibility that identifying character as the ultimate goal for children will give a new perspective on child development and education that is needed in order to reform schools and strengthen communities. Concerns with respect to…

This article presents a teaching case that involves the presentation of an actual incident in which a state commission on judicial performance had to balance a judge's First Amendment rights to protected free speech against his public statements about a societal class/group that were deemed to be derogatory and inflammatory and, hence, cast…

Reviews pertinent court cases in a discussion of how much freedom teachers have to decide how they will teach their students. Includes cases in which teacher authority was upheld and others in which it was denied. (Author/WD)

In the twenty-first century, differences in the treatment of trade in alcoholic beverages in comparison to other commercial goods seem at odds with the federal regulation of interstate trade under the Commerce Clause of the United States Constitution, which prohibits "differential treatment of in-state and out-of-state economic interests that…

One of the most perplexing quandaries that has continually confronted proponents of democratic governance centers around the question of how to protect the right of the majority to govern while simultaneously protecting the fundamental rights of those who are, at least temporarily, in the minority (Martinson 1996, 163). The author of this paper…