A Pennsylvania case shows that once a school auditorium becomes a designated public forum, the free speech clause of the First Amendment requires the board to allow other similarly situated outsiders (including religious groups) to use the facilities for expressive activity. Another Pennsylvania case involving dual employment upheld a teacher's…

Questions a recent court decision in which public school employees who gathered on their own time on school property for prayer meetings and religious discussion were found to be in violation of the school district's policy prohibiting prayer meetings and in violation of the Constitution. (MD)

Argues that graduation prayer is unconstitutional because it violates the Establishment Clause, but the Free Speech Clause of the First Amendment entitles a valedictorian giving a commencement speech to discuss religion and even to express religious beliefs as the student's own, private beliefs. Summarizes court decisions. (MLF)

Reports on the Supreme Court's decision not to rule on a case involving the formation of an extracurricular religion club. This leaves the schools with no definitive legal decision for guidance in these cases. Also reports on court decisions in two recent cases involving schools' responsibility for protecting students on their way to and from…

In "Westbrook," a federal court recently struck down a school board policy in Wyoming that limited and channeled criticism among employees. Summarizes the judge's reasoning and concludes that the board failed to seek a balance between its legitimate interests and the basic right of school employees to speak out about matters of public…

In "Hosford," a teacher led a discussion with 3 13-year-old boys in a special-needs class about words with multiple meanings that included obscene ones. The teacher's contract was not renewed. The Massachusetts Supreme Court ruled in the teacher's favor and declared that primary and secondary school teachers have enough academic freedom…

In "Virgil v. School Board of Columbia County," a federal district court upheld a school board's decision to remove a textbook from the curriculum. The ruling is in line with the Supreme Courts'"Hazelwood School District v. Kuhlmeier" decision that gave school boards sweeping power over the curriculum. (MLF)

Two significant Chicago court cases are reviewed. The first shields nonunion employees from use of their agency fees for any union activities not related to collective bargaining; the second requires fairness to opposing groups when any outside interest group is allowed access to schools. (TE)

In "Boring v Buncombe County Board of Education," a high school teacher sued a school board over her transfer to a middle school. At issue is a board's power to control the curriculum and a teacher's right to academic freedom, specifically selecting a controversial play for four students in advanced acting class. (MLF)

A recent case from Maine shows why public officials must resist the urge to retaliate against employees who voice criticism. Employers must be able to prove they would have made the same adverse personnel decision, documented with detailed and credible explanations for the action, no matter what the employee said. (MLF)

Examines a United States Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Refers to the 1969 decision in "Tinker v. Des Moines Independent Community School District," in which students had been suspended for wearing symbols of opposition to the…

Describes the Supreme Court graduation-prayer decision in "Lee v. Weisman" (1992) and implications of the "Jones v. Clear Creek Independent School District" case, which the Court decided not to review in 1993. Discusses the New Jersey graduation-prayer experiment and ruling of third District Circuit Court Judge Theodore A.…

Discusses three federal cases: "Hall v. Board of School Commissioners of Mobile County, Alabama," involving distribution of union literature in school; "Board of Education of Rogers, Arkansas, v. McCluskey," regarding student discipline policies; and "Duro v. District Attorney, Second Judicial District of North…

In "Tucker v. State of California Department of Education," the U.S. Court of Appeals for the Ninth Circuit ruled that a public employee has the right to engage in religious advocacy among fellow employees under certain circumstances. Judge Reinhardt suggests that government agencies either ban all employee displays about any topic…

Describes the Ninth U.S. Circuit Court of Appeals' ruling in the case "Ceniceros v. Board of Trustees of the San Diego Unified School District." The case raises the question about the meaning of the 1984 Equal Access Act, specifically, how to interpret "noninstructional time." (LMI)