The ultimate test of the speech-action dichotomy, as it relates to symbolic speech to be considered by the courts, may be the fasting of prison inmates who use hunger strikes to protest the conditions of their confinement or to make political statements. While hunger strikes have been utilized by prisoners for years as a means of protest, it was…

Addresses U.S. public education's continuing unwillingness to deal with religious issues. Suggests that confusion over legalities, embarrassment, and ignorance contribute to the lack of instruction about religion. Examines what students miss when schools ignore religious topics and how students learn less than the whole truth about U.S. history.…

Issues in students' First Amendment rights are discussed in this paper, which is directed toward school board members. The "Tinker v. Des Moines Independent Schools" (1969) decision is discussed, in which the United States Supreme Court struck down the discipline imposed on students who wore black armbands during school hours to protest…

The First Amendment free speech right is one of the most frequently asserted constitutional challenges to dismissal or discipline of a school district employee. In any employee's claim of violation of free speech right by a public employer, a threefold process of review should be made: (1) Was the conduct in question constitutionally protected in…

The Student Press Law Center serves as a national clearinghouse to collect, analyze, and distribute information on the First Amendment rights of student journalists and journalism teachers and on violations of these rights in high schools and colleges. This report details information concerning current censorship incidents: the investigation by…

The U.S. Supreme Court through its interpretation of the First Amendment Establishment Clause may ultimately determine whether state-funded voucher proposals are widely adopted. This paper overviews changes in Establishment-Clause doctrine, reviews relevant litigation, and explores potential implications of recent legal developments. (Contains 80…

This booklet was written to help school officials understand the law concerning public forums and voluntary religious activities in public schools. Compliance dilemmas arising from the First Amendment establishment of religion clause and the accompanying free speech and free expression clauses, along with 14th Amendment equal protection…

This study discusses the extent to which the First Amendment rights of freedom of speech and expression apply to teachers in the public schools. A historical perspective of the First Amendment rights of educators is provided; techniques of standard legal research were used to establish the primary sources of law. Investigation, which focuses on…

A number of court cases are being decided and laws are being passed that have an impact upon the First Amendment rights of children in the United States. In addition, groups such as the national Parent Teachers Association, Action for Children's Television, the Council on Dental Health, and the American Public Health Association are lobbying for…

Interpretation of the establishment clause of the Constitution and its application to statutes challenged by the United States Supreme Court has followed two distinct paths--one embracing the principle of separation of church and state, the other stressing the importance of accommodation between them. Both legal trends are discussed. (TE)

During inclement weather in Memphis, Tennessee in February 1968, two separate incidents caused black sanitation workers to strike for job safety, better wages and benefits, and union recognition. Mayor Henry Loeb was unsympathetic and opposed to the union. Martin Luther King agreed to lend his support to the sanitation workers and spoke at a rally…

Much of the current public discussion in the United States about the Internet and speech rights focuses on the array of materials (particularly sexually explicit materials) that are available on the Internet, the effect of exposure to them on youth development, and whether the material should be regulated. In exploring questions about youth access…

Argues that First Amendment rights are not possible without the grant of public access to information provided by the doctrine of fair use. Notes that, with digitalization and electronic transfer, many corporate intellectual-property lawyers are pressuring for tightening public access. Argues that educators must understand that the existence of…

A 1998 court decision ruled that a recent Virginia law requiring official approval for state employees to put materials with "sexually explicit content" on the Internet was unconstitutional. However, the extent to which the First Amendment will protect academic freedom in cyberspace in this case and for other issues is not clear. (MSE)

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…