This article summarizes the applicable judicial analysis for cases in which special education personnel claim that their employing district retaliated against them for advocacy on behalf of students with disabilities. Providing examples of recent relevant court decisions, it traces the applicable essential elements and likely outcomes for such…

Freedom of expression is imperiled on today's college campuses. Citizens and educators alike are concerned about the number of shout-downs and disinvitations and their silencing effect on intellectual diversity. The use of speech codes, "safe spaces," new rules demanding "trigger warnings," and condemning…

In this engaging interview, John D. Inazu identifies confident pluralism as the way for us to thrive in connection even when divided by deep differences. Since our differences are not just going to go away, we need to learn to live with others with whom we do not agree. Inazu explains that tolerance, humility, and patience are the foundational…

The objective of this edited volume is to shed light upon K-12 perspectives of various school stakeholders in the current unique context of increasing political polarization and heightened teacher and student activism. It is grounded in academic freedom case law and the majority of opinion of the Supreme Court in the Tinker v. Des Moines…

The American Association of School Librarians and its members have always been champions of intellectual freedom. It is a core value of school librarians and has been--and remains--an integral part of AASL's culture. Intellectual freedom is deeply embedded in AASL's standards, position statements, member-focused publications, conferences, award…

Cyberbullying has been identified by school leaders and researchers as one of the most serious adverse consequences of incorporating information technology into the classroom. This article examines the legal status of cyberbullying by conducting an analysis of selected federal appellate court opinions. This analysis identifies a set of legal…

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…

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…

Student speech has and continues to be a contested issue in schools. The Supreme Court ruled in "Tinker" that students do not shed their rights at the schoolhouse gate; in the "Kuhlmeier" and "Fraser" decisions, however, the Court gave school officials greater latitude in regulating student speech, especially when it…

Council for American Private Education (CAPE) is a coalition of national associations serving private schools K-12. "Outlook" is published monthly by CAPE. This issue contains the following articles: (1) Supreme Court Issues 9-0 Ruling in Religious School Case; (2) White House Honors Champions of Change; and (3) CAPE Notes.

One central aspect of a healthy democracy is the practice of democratic dissent. For the first time in many years, dissent is being widely practiced in town hall meetings and on street corners across the United States. Despite this presence, dissent is often suppressed or omitted in the prescribed, tested, hidden, and external curriculum of US…

America has always been a nation of immigrants, and many school libraries serve students whose first language is not English. In AASL's 2009 "School Libraries Count! Survey," 14% of the 5,824 respondents reported a student population with 25% or more English language learners. Yet 91% reported that less than 5% of their collections are…

Public schools are unique environments where the rights and responsibilities of one individual or group can easily, if unintentionally, infringe on the rights and responsibilities of other individuals or groups. This can leave public school employees wondering about the nature and scope of their rights. While it is well established that public…

This case study focuses on issues of freedom of speech and freedom of religion in public schools. It involves a rural, southern high school where a group of students participated in a Day of Silence. The school allowed the students to participate based on the principal's understanding of the students' First Amendment rights. However, the next day,…

The purpose for this article is to explore the juxtaposition of legal expectations, conflicting community cultural values, and the role of the superintendent in these connected but often conflicting issues. The authors explore several issues through the lens of Gay-Straight Alliance clubs, the "Equal Access Act," and the role of the…