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…

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 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…

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…

Examining interpretive approaches to the First Amendment free speech and press clause, this paper focuses on the conceptual framework proposed by John Hart Ely. Other First Amendment tests examined include clear and present danger, balancing, the absolute test, and A. Meiklejohn's "absolute" test. Following an analysis of Ely's First…

The "least restrictive means" test, a frequently used tool for resolving First Amendment cases in federal courts, is designed to insure that state-imposed abridgement of free expression is limited to the narrowest scope and the least impact necessary to fulfill a compelling state interest. Analysis of the history of the test since its…

Intended to make the First Amendment relevant to young people by addressing issues that speak directly to their lives, this guide assists teachers in using "Talk about Freedom," a series of eight educational print advertisements (ads) for teenagers, in the classroom. The eight print ads presented in the guide address: (1) censorship of…

Describes a testing situation in which students were required to waive their right to discuss the exam, to personalize for students the constitutional problems raised by prepublication agreements such as those required of government workers. (HTH)

The speech communication department at the University of Wisconsin, Madison, provides a rigorous and legally oriented course in freedom of speech. The objectives of the course are to help students gain insight into the historical and philosophical foundations of the First Amendment, the legal/judicial processes concerning the First Amendment, and…