This document records testimony from a hearing before the Subcommittee on Higher Education and Workforce Development of the Committee on Education and the Workforce on protecting free speech on college campuses. Opening statements were provided by: (1) Honorable Burgess Owens, Chairman, Subcommittee on Higher Education and the Workforce…

Between 2017 and 2022, the U.S. Supreme Court examined three cases that involved states that tried to limit the use of public money to support religious-affiliated schools. The Supreme Court found a violation of the Free Exercise Clause in all three cases. Although not the focus of the Court's opinions, these cases may have created avenues for…

Freedom of association is a fundamental right guaranteed by the first amendment. This encompasses the right of individuals to voluntarily join and leave groups, as well as the right of individuals to form groups to pursue common interests. This right makes it possible for people with diverse opinions to live peacefully in pluralistic communities…

Disruptive students potentially pose significant problems for campus administrators as they strive to maintain a safe campus environment conducive to learning while not violating the legal rights of the students. Maintaining a safe campus is important because increasing numbers of students with mental and cognitive disorders are enrolling in…

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 purpose of this "Equity by Design" brief is to aid administrators in protecting sexual and gender minority students from discrimination and harassment. Specifically, this Brief presents Title IX's conceptualizations of sex and harassment to identify who is protected, and from what. Further, it discusses how to navigate backlash…

This policy memo examines some fundamental shifts, along with their real-world implications, within the past 60 years of Supreme Court jurisprudence, up to and including the current "Carson v. Makin" case. The Supreme Court is just a few small steps away from transforming every charter school law in the U.S. into a private-school voucher…

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…

Residential communities are a critical component of many students' experience on a college campus, especially during their first year. Residential communities have been associated with a variety of positive outcomes, including persistence, openness to diversity, satisfaction, critical thinking, and personal development (Astin, 1977 & 1993;…

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…

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 four-day learning activity on the controversy of exclusion of gays and subsequently atheists in Boy Scouting is particularly relevant because it highlights the complexities that surround issues of equality, equity, the provision of leisure services, First Amendment rights, and the implications of court decisions on social justice. This lesson…

The coronavirus pandemic has inflicted enormous financial damage on colleges and universities and the cost is still growing. American higher education will undergo an unprecedented financial crisis in the coming months. "Critical Care" is a plan to guide the federal response to these unprecedented disruptions facing higher education in…

One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically…

This article discusses the regulation of teacher dress and its intersection with the First Amendment of the U.S. Constitution, individual State Religious Garb Statutes, and Title VII of the Civil Rights Act of 1964.