Higher education in the 2020s remains deeply divided on the role of religion, or what the Council on the Advancement of Standards (CAS) in 2023 describes as "religious, secular, and spiritual identities." In two previous articles in this Journal, one 2010 article by the late Peter Magolda and one in 2014 by Perry Glanzer, detail the ways…

This mixed methods study, which implemented an explanatory sequential research design, investigated the role that the First Amendment Religious Rights (i.e., the Establishment Clause and the Free Exercise Clause) have in American Education. The researcher attempted to find out how well versed or not educational leaders were when facing First…

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…

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…

Background or Context: Public school library book challenges have garnered ample media attention in recent years as many school districts and advocacy organizations have reported record numbers of book challenges. Book challenges are not a new phenomenon, historically speaking, but they have often illuminated values clashes in communities and…

Social media is ubiquitous in today's society, and classrooms are not exempt. When social media interrupts education, whether by preventing engagement with the lesson or by creating inappropriate interactions or relationships, policies must be put in place to keep learning the priority. With that caution, though, school districts must be sure to…

The authors feel there is a need of a new and different kind of classroom conversation about free speech--one that not only considers the legal and aspirational dimensions but also weighs the practice and impact of speech in daily life. Two factors make this new conversation particularly urgent. First, the avalanche of social media communication,…

In "Carson v. Makin," the U.S. Supreme Court ruled that, if a state offers tuition assistance for students to attend private schools, then requiring that those private schools be nonsectarian violates the Free Exercise Clause of the First Amendment. Robert Kim discusses how this case aligns with other decisions related to the free…

Academic freedom is an oft-invoked buzzword in debates about campus speech and the American university. But how have courts treated legal disputes where faculty members have invoked academic freedom as a potential constitutional interest? And how do faculty themselves conceptualize academic freedom? The similarities and differences between these…

This dissertation examines the legal literacy of school administrators and the lack of mandated training regarding school law, specific to the First Amendment. With continual changes in education school administrators can function as the change agent for schools through the lens of self-efficacy. This dissertation is organized into three bodies of…

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…

In the landmark 1969 "Tinker v. Des Moines" case, the Supreme Court ruled school districts could censor student speech if it caused a material and substantial disruption to the educational process or if the speech infringed upon the rights of others. Since then, the Supreme Court has also allowed schools to abridge students' speech…

Background/Context: In the 1973 "Rodriguez" decision, the U.S. Supreme Court held that the Constitution does not guarantee a substantive federal right to education. So far, this holding has not been adequately contextualized with many other statements the Court has made concerning the nature of education in the constitutional order. For…

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 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…