Electronic communication plays a significant role in most schools and in all of our personal lives as well. The legal question of what is acceptable and what is not acceptable electronic speech for students that is constructed and delivered totally off-campus on such platforms such as Snapchat, Tic Toc, Facebook or Meta, U-Tube, and regular email,…

What legal and ethical issues arise when students choose to perform popular music with explicitly religious content? The purpose of this article is to construct a policy framework for discussing the use of popular religious music within the classroom, with a specific focus on the concept of proselytization as legal criteria for setting appropriate…

The United States Supreme Court in Kennedy v. Bremerton Sch. Dist. held that a local school district violated the First Amendment freedom of religious expression rights when it directed an assistant football coach to stop praying on the fifty-yard line of a high school football field after each game. In finding for the high-school football coach,…

The jurisdiction of schools has long been contested. Initially, under the sway of loco parentis, parents delegated all authority to educators. With ascendency of the common school movement in the 19th century, however, the doctrine confronted reverses. As the student body increased in size and heterogeneity, families no longer spoke with a single…

The purpose of this legal analysis was to determine if there was evidence suggesting that courts, when ruling on off-campus student speech cases that result in on-campus discipline, take into consideration the degree of discipline imposed by school officials. The analysis consisted of reviewing the 34 adjudicated and published cases that…

Courts have held that minors have First Amendment rights and that those rights include the right to receive information. However, how does that apply in the school setting? The First Amendment prohibits governmental entities from unconstitutionally infringing rights of free speech. Students in public schools, therefore, do have rights under the…

This article examines an education policy matter that involves homophobic speech in public schools. Using legal research methods, two federal circuit court opinions that have examined the tension surrounding anti-LGBTQ student expression are analyzed. This legal analysis provides non-lawyers some insight into the current realities of student…

Analysis of two recent federal court cases in which principals violated student speech rights offers guidance to middle school administrators as they attempt to address student expression. Characteristics of a successful school from the Association for Middle Level Education provide a framework for analyzing these cases in order to prevent…

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.…

Imagine a teacher who posted pictures of their favorite presidential candidate during the election season or a teacher who displayed a poster with the tenets of Scientology in the classroom. At issue in those scenarios is the extent to which teachers' expression in the classroom is protected by the First Amendment. This column focuses on a recent…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

This dissertation sought to determine if federal-level, post-secondary student freedom of expression case law was developing in a similar path to that at the K-12 level of education. It also investigated the ways in which a K-12, highly speech-restrictive legal standard arising from the K-12 case "Hazelwood v. Kuhlmeier" has been…

Group decision-making can result in important benefits for organizational effectiveness. However, collaborative environments do not emerge organically. Effective leadership is critical for group success. Educational leaders must understand group processes and the importance of creating a culture that supports collaboration. Student discipline for…

Principals have acknowledged the challenges with remaining current on issues in the law. A unique challenge for principals is the intersection of students' First Amendment rights in the school context and the legal issues surrounding student-created webpages. Using a randomly selected sample of Ohio high school secondary principals, I investigated…

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…