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…

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…

Principals have acknowledged the challenges with remaining current on issues in the law. A unique challenge for principals is the intersection of students' First Amendment rights in the school context and the legal issues surrounding student-created webpages. Using a randomly selected sample of Ohio high school secondary principals, I investigated…

Online activities increasingly represent a common part of the student experience. Along with seeking to engage students in positive ways in relation to their online activities, colleges and universities must also deal with instances of when students' online expression potentially violates campus conduct standards. This article provides a review of…

Removal of school library books is again an issue in the courts. In a 1993 Kansas City case involving the superintendent's removal of "Annie on My Mind" from several school libraries, the federal court found that school officials' motivation violated the First Amendment. Administrators must resist the temptation to quell controversy by…

Supreme Court has delineated three-step test to First Amendment cases brought by public employees, including tenured and nontenured teachers' academic freedom cases. Is teacher's conduct "protected expression" that concerns public issue without unduly rocking boat? If so, is protected expression the motivation behind district's adverse…

Teaching ethical values is often challenged as an infringement on students' religious rights. This article addresses key questions concerning schools' legal responsibilities, courts' treatment of curriculum-related challenges based on alleged First Amendment violations, and courts' handling of teacher proselytizing or "opting out" cases.…

As part of a larger study, researchers collected campus codes prohibiting hate crimes, which were then reviewed to determine whether the codes presented constitutional problems. Based on this review, the authors develop and present a model policy that is content neutral and does not use language that could be viewed as unconstitutionally vague or…

This paper examines recent court decisions that indicate the extent of constitutional protection extended to opinionated statements made during broadcast commentaries. A brief overview of both the common law and constitutional privileges protecting the expression of opinion is also included in the paper. Specifically, the paper evaluates the…

E-mail has created friction between school districts' proprietary needs and employees' privacy rights. This article examines e-mail law (constitutional, statutory, and common) and issues (employer monitoring, discover problems, admissibility, and attorney-client privilege) and provides policy guidelines. The 1996 Communications Decency Act,…

Although the law pertaining to tenure denial based on scholarship and teaching is well settled, legal issues governing faculty dismissal due to declining college enrollments are unsettled. This paper reviews tenure cases and explores tenure denial based on institutional need, anticipating development of a separate body of law. (72 references) (MLH)

The authors debate whether institutions of higher learning should impose regulations or speech codes to ban sexually harassive speech believed to foster gender-based discrimination. Masters insists that narrowly crafted controls are necessary to make colleges and universities inviting to all. Dagley argues that speech codes are improper because…

Due to increasing attacks on school curriculum and policies, administrators must understand the law associated with education and religion. Guided by this knowledge, school leaders can foster an educational environment while simultaneously protecting individual expression. If a lawsuit occurs, an administrator can best protect both the school and…

A wrongful arrest/racial discrimination suit in Livingston, Texas ended unfavorably for the parents of an African-American fifth-grader complaining of unfair treatment by his teacher and classmates. The parents' complaint should have been remedied, short of their having to make a federal case of miscommunication. (MLH)

Although major cases involving religion in public schools were decided decades ago, disputes still arise over interpreting the First Amendment's establishment clause. Formally inviting clergy to pray at high school graduation ceremonies is clearly not permissible, but the law is unsettled regarding student-initiated and student-led nonsectarian…