This instrumental case study explores 31 Iowan educators' and board of education members' perceptions of the ways the state's book ban law, Senate File 496 influenced school information systems. Mathisen's (2015) informational justice conceptual framework guided data analysis. The three key findings of this study were Senate File 496 was…

The U.S. and West Virginia constitutions acknowledge the right to free speech, which must be protected at public colleges, but Senate Bill 657, which became law in 2021, requires that public colleges protect "any lawful verbal and nonverbal speech." Furthermore, many private colleges also promise free speech to their students. However a…

On June 30, 2020, the U.S. Supreme Court held, in "Espinoza v. Montana," that the First Amendment's Free Exercise Clause precludes states from excluding religious schools from private school choice programs. Writing for the majority, Chief Justice John Roberts concluded: "A State need not subsidize private education. But once a…

Business law and legal environment textbooks typically devote a page or two to the tort of invasion of privacy, describing the four versions of this tort, including "appropriation of identity." The Clarkson textbook notes that "An individual's right to privacy normally includes the right to the exclusive use of her or his…

The past few years have seen an increase in partisan political attempts to restrict the public education curriculum and to portray some forms of public education as a social harm. Two targets are particularly evident: teaching about the history, policies, and actions of the state of Israel and teaching about the history and perpetuation of racism…

Some private, religious schools that accept vouchers have been accused of discriminating against certain populations of students through their admissions processes. Discriminating against disfavored groups (e.g., racial minorities, LGBT students, students with disabilities, religious minorities) in voucher programs raises both legal and policy…

Public schools are full of incidents that fill newspapers, but when a private school is struck with instances of libel, child abuse, and violations of Title IX, the community is at a loss as to what to do.

On September 9, 2009, the Ninth Circuit U.S. Court of Appeals ruled that officials from Everett School District #2 in Mill Creek, Washington did not violate student Kathryn Nurre's constitutional rights to free speech by denying the Jackson High School Wind Ensemble the opportunity to perform an instrumental version of Franz Biebl's "Ave…

This year, across the nation, state legislators and powerful corporate interests with financial ties to universities and influence over them have launched an unprecedented number of attacks on law school clinics. As universities increasingly seek to educate students through service-learning courses, law school clinics may be the bellwether for…

Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

Considers theories of intellectual freedom for library users, focusing on policies and practices which have developed in publicly supported libraries in America in the late twentieth century. Related legislation is discussed, including the First Amendment and Library Bill of Rights. Twenty-six references are cited. (EJS)

Describes state open-records laws and school district policies and procedures for responding to citizen requests for public records information. Includes information about requirement in recently enacted No Child Left Behind Act for districts to provide the military with access to student directory information. (PKP)

The primary purpose of this article, the eighteenth chapter in a book on school law, is to discuss significant Supreme Court cases decided since 1977 concerning burden of proof in civil rights cases. In two cases, "Dayton Board of Education v. Brinkman" and "Columbus Board of Education v. Penick," the Court's most significant…

Discusses the progress of anti-Hazelwood legislation, and lists the five states with student free expression laws: California, Colorado, Iowa, Kansas, and Massachusetts. Notes that 16 states have made no attempts to counteract the ruling of Hazelwood School District v. Kuhlmeier. Describes the limits of the laws existing in the five states with…

Provides an update of the case law dealing with assaults on school personnel, including an illustrative Arizona case followed by a question-and-answer discussion posing certain hypothetical situations concerning the facts and law of the case. Draws implications for policy and practice. (Contains 13 references.) (PKP)