In late 1987, U.S. Supreme Court Justice Byron R. White circulated a draft opinion to his colleagues in a case about whether high school journalists had the right to be free of interference from school administrators. His opinion in the case, "Hazelwood School District v. Kuhlmeier," sided with Missouri administrators who some four years…

This four-day learning activity on the controversy of exclusion of gays and subsequently atheists in Boy Scouting is particularly relevant because it highlights the complexities that surround issues of equality, equity, the provision of leisure services, First Amendment rights, and the implications of court decisions on social justice. This lesson…

A small community in southwest Michigan has been witness to a significant cultural divide within its school system. An influential church has permeated school leadership and in many cases has overstepped the proverbial "wall separating church and state." A fairly high-profile case saw the Sixth Circuit Court enjoin the district to remove…

Social studies and history teachers should be free to expose students to controversial ideas and to teach critical thinking skills. But are they free? Do they have the constitutional right--call it academic freedom--to teach what they want and to discuss controversial issues in the classroom? The short answer is "no." In this article,…

The trial in Ward Churchill's lawsuit against the University of Colorado got under way here last week with lawyers for the opposing sides painting starkly different pictures of both the controversial ethnic-studies professor and the circumstances surrounding his dismissal by the university in 2007. In delivering their opening remarks in a crowded…

Discusses a California case involving a tenured professor's controversial teaching style, which focused on "obscene" topics and assignments that allegedly humiliated female students. The professor eventually prevailed in a Ninth Circuit appeal. The lesson: when attempting to eradicate sexual harassment, we cannot abandon important First…

Disagreements over teachers' First Amendment, academic-freedom rights in curricular contexts are again receiving judicial attention. Two federal cases involving termination of exemplary high-school drama and creative-writing teachers have upheld school boards' authority to control curriculum context in disagreements over permissable subject matter…

Covers the U.S. Supreme Court decision in Hazelwood School District v. Kuhlmeier, which gave principals the right to censor school publications. In "One Student's Pursuit of Journalism," Alexandra Salas relates one student journalist's experience, including internships, from high school through the end of college. (LS)

Describes a recent court decision in which a school board and the superintendent did not support a teacher when he came under fire from the community for teaching a controversial subject. The teacher won his case against the district because it had violated the academic freedom rule and denied the teacher due process.(MD)

Very few elementary public school teachers in the United States expose their students to religion and spirituality in an in-depth way. Even when they have the necessary knowledge base, they shy away from so dangerous an enterprise. They might fear provoking a challenge from parents who are irreligious and are shocked to find religion being…

A year ago, an upstate New York college withdrew a speaking invitation to Wade Churchill, a University of Colorado professor who had characterized 9/11 victims as "little Eichmanns." Churchill's portrayal of 9/11 victims as a mixture of conscious and unwitting participants in a systemic evil of Holocaust proportions indeed was…

Notwithstanding the First Amendment, book banning is a practice rooted in American history. In 1873, Congress passed the Comstock Law in an effort to legislate public morality. Though rarely enforced, the act remains on the books. A survey by the National School Boards Association found that one-third of challenges to school reading materials in…

Court litigation and decisions concerning the conflict between first amendment rights of free speech for United States citizens and the rights of controversial international figures, invited by college faculty to speak on campus, are discussed and compared. (MSE)

Examines the relationship between constitutionally protected freedom of expression and the state's interests in inculcating common values in the young through public education. Argues that the state may only transmit values that are express or implied in the Constitution and that the courts have not addressed this issue. (PGD)

Discusses a high school unit on First Amendment rights developed for a gifted students class in Mechanicsburg, Pennsylvania. Describes the unit's origins and procedures, such as issues studied and the use of research projects, guest speakers, and field trips. Emphasizes students' interest in learning about their rights. Identifies critical…