As society becomes increasingly dependent on technology, school leaders must navigate the evolution of websites, resources, and platforms, including social media, as part of their responsibility to facilitate a safe and productive learning environment for students. This article reviews both constitutional and case law as a means of informing…

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,…

Teachers across the United States routinely use social media to improve communication with students and parents, enrich the classroom curriculum, and engage in professional conversations with peers. However, teacher use of social media also has a dark side. Media reports are replete with stories of teachers engaging in inappropriate social…

Background/Context: Pickering v. Board of Education, decided by the U.S. Supreme Court in 1968, is considered the high-water mark in the constitutional protection of public employee free speech. Two significant decisions issued by that Court since Pickering have limited public employees' expressive rights: Connick v. Myers and Garcetti v.…

Academic freedom is at the very center of the modern university; it promotes discovery and teaching of the best possible knowledge. The need for improved regulations governing academic freedom is currently growing as a century-long consensus that focused on granting faculty members the most expansive academic freedom rights is breaking down; other…

Monica Williams, a beloved counselor of an urban middle school, is shocked to learn that she is being terminated for a comment she made on Facebook. This case was developed for use in an educational leadership course for students to evaluate an educator's right to freedom of speech in relation to social media. Instructors can use the case to…

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…

Survival for public school teachers goes beyond curriculum design, discipline and other skills. School law is critical for teachers to face the areas of challenge that are currently present. There are two types of common legal mistakes made by teachers: a) failing to take disciplinary action when they should, and b) unintentionally violating…

Public employees have the right to engage in political activity on issues of public concern--even those issues that relate to education. Advocacy for a particular candidate on a ballot or taking a side on a referendum clearly are issues of public concern and therefore protected. Conversely, speech that involves a purely personal matter is not…

This article investigates the issues surrounding teachers' use of social networking media and their First Amendment rights. It focuses on the need to develop a school district policy outlining specific guidelines for the use of technology and social networking. It also focuses on the changing world of technology and social networking as well as…

Although the term academic freedom is tossed about almost with abandon, many people do not know exactly what it means. This paper defines academic freedom, explains to whom it applies, and places it in its historical, institutional, and legal contexts. This paper also offers guidelines for deciding when and where the protection of academic freedom…

This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…

Explores tests for determining teachers' free-speech rights established in two Supreme Court decisions: "Pickering" and "Connick." Analysis includes discussion of confusion between teacher's status as a citizen and that of an employee. Concludes that courts should use the balancing principle in "Pickering" to…

Two Supreme Court cases are analyzed with reference to lower court decisions and their implications: Pickering v. Board of Education, which concerned teachers' expression outside the school, and Tinker v. Des Moines Independent Community School District, which involved students' expression inside the classroom. (JT)

To consider one aspect of workplace freedom of speech--the question of authority versus freedom, this paper examines the first amendment protections of government workers. The paper looks at freedom of speech rights by using two theoretical frameworks (the natural rights view and the law and economics view) to analyze Supreme Court decisions on…