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…

This study was an analysis of how Florida Public Schools have interpreted the First Amendment when creating policy to address teachers' and students' activity on social media outside of school hours. The researcher examined the district policies of Florida's school districts and compared those with state mandates. The study includes an overview of…

The internet plays an increasingly important role in the lives of contemporary college students. Use of social media and other forms of electronic communication have fundamentally changed the ways in which students interact with others. Often, students' online speech can lead to disciplinary action against them. This study considers the current…

While freedom of speech is a defining characteristic of the United States, the First Amendment right is often regulated within certain environments. For years, schools have attempted to monitor and regulate student communication both within the educational environment and in student use of social media and other online communication tools.…

On the morning of December 16, 1965, in Des Moines, Iowa, a 13-year-old junior high school student named Beth Tinker got dressed and went to school. She wore a black armband to protest the war in Vietnam. The school promptly suspended her for wearing a symbol of political dissent. So began one of the nation's most celebrated cases involving…

When Jake Baker wrote a violent, sexually themed story about one of his classmates and emailed it to a friend, the case that ensued highlighted how new technologies have created fresh ways for students to harass, oppress, or be oppressed by others. This article examines concepts of violence and cultural imperialism oppression, primarily as defined…

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…

Purpose: The purpose of this study was to describe and analyze the conduct implications of qualified immunity in allegations of deprivation of civil rights by public school administrators regarding the First Amendment-student speech. Methodology: Data were collected using the LexisNexis and JuriSearch online legal research systems, which…

In "Tinker v. Des Moines Independent School District", the Supreme Court ruled that students have speech rights in the school environment unless the speech causes or is likely to cause (1) a substantial disruption, or (2) interferes with the rights of others. The Supreme Court has yet to hear a case involving school officials' authority…

A parent brings a cyber bullying incident to your attention and expects you to resolve it. What are the students' rights and your responsibilities according to the law? Because the laws regarding disciplinary action are still evolving, this manual fills the gap by providing public school leaders with data-driven solutions for managing cyber…

Since its first publication in 2005, the Foundation for Individual Rights in Education (FIRE) has distributed more than 138,000 print and online copies of its "Guide to Free Speech on Campus." In that time, FIRE's commitment to advocating on behalf of the essential rights discussed in the pages that follow has remained unwavering;…

This article provides a tool to help instructors introduce students to the intersection of blogging and employment law. Section II provides source materials on the subject. Specifically, it presents a summary overview of: (1) the development of blogging and other forms of online user generated content; (2) the legality of terminating an at-will…

Facebook is one of the fastest growing applications of the Internet. Social networking via Facebook provides a popular way for students and others to connect with a wide audience and expand their circle of friends. Facebook account holders have been denied admission to universities, not hired for jobs, lost scholarships, been disciplined by…

This paper provides a comparative snapshot of the current state of the law in the US and UK with respect to potential liability of university and college students for use (and misuse) of social networking sites. It reviews the limited case law on this topic, highlights the differences in the two nations' laws of defamation and the various possible…