Over the past few decades, conservatives have watched universities move away from encouraging and protecting a broad ideological spectrum of reasoned debate toward an ever-narrowing range of acceptable speech. A 2020 report about one flagship public university illustrates the degree to which today's cancel culture chills open inquiry: 75 percent…

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…

Freedom of expression is imperiled on today's college campuses. Citizens and educators alike are concerned about the number of shout-downs and disinvitations and their silencing effect on intellectual diversity. The use of speech codes, "safe spaces," new rules demanding "trigger warnings," and condemning…

The cases analyzed in this essay exemplify both the influence of the sexual revolution and the conservative backlash against it. Topics that were once considered obscene were now seen as educational. Without this greater openness, none of these court cases would have been possible. In fact, people fighting against censorship and repression…

Teacher use of social networking sites such as Facebook has presented some ethical dilemmas for policy makers. In this article, we argue that schools are justified in taking action against teachers when evidence emerges from social networking sites that teachers are (a) doing something that is illegal, (b) doing something that reflects badly on…

The author of this article observes that, while much has been written on the overall topic of safety with regard to allowing guns on college campuses, little has been said about how allowing the possession of deadly weapons can create a "chilling effect" on academic discussions. This article considers how some universities have…

This case illustrates why future school leaders must be prepared to handle complex legal and political issues that commonly arise in school districts today. We discuss a long-standing and unresolved legal battle between a Hasidic Jewish community and the public school district in East Ramapo, New York. In particular, we examine the difficulties…

Cyberbullying has been identified by school leaders and researchers as one of the most serious adverse consequences of incorporating information technology into the classroom. This article examines the legal status of cyberbullying by conducting an analysis of selected federal appellate court opinions. This analysis identifies a set of legal…

This article examines how a progressive, rural/small city community in the USA wrestles with race, racism, and school equity in the public arena of print media. It inquires into the tensions, limitations, and possibilities for race-conscious discourse in the face of both explicit racist hate speech and benevolent liberal race talk. Based on…

Since 2003, the Teachers College of Columbia University has maintained a policy of evaluating students based on their "commitment to social justice." Before last summer, Columbia could blame the National Council for Accreditation of Teacher Education, the main accrediting body for schools of education, for those evaluation criteria. The…

Winter 2007 marked an episode of high anxiety in the library science profession, when the latest Newbery winner, "The Higher Power of Lucky," triggered discussion about words and their suitability for young readers. It seems that the entire world now knows that the word "scrotum" appears on the first page of the book. School…

During the last two years, New York State has made considerable progress toward opening its government to public inspection. This report discusses New York's open-records law and the creation of the Committee on Public Access to Records, a group of individuals who "interpret the law, oversee its implementation, establish procedures, and…

According to Jay Worona, general counsel for the New York State School Board Association, "Balancing safety and student constitutional rights is not easy. It has to be a careful balance. School officials must be prudent and not overreact. But one part of the equation has to be paramount. And safety should be the primary concern"…

In the case of "Pico v. Island Trees Union Free School District," involving school library censorship by a Long Island (New York) board, the U.S. Supreme Court in 1982 failed to decide whether board discretion or First Amendment rights should prevail, and instead remanded the case to lower courts. The author of this document first…

This booklet accompanies the New York State Library exhibit of material related to the trial of John Peter Zenger. This 1735 trial established the legal precedent giving juries the power to decide libel suits. Labeled "the germ of American freedom," the trial was an important step in the development of American concepts of free speech…