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Robert Kim – Phi Delta Kappan, 2024
Social media companies are increasingly being called to account for how their apps are affecting young people. Robert Kim explores "In re: Social Media Addiction," a lawsuit that combines multiple cases that have been brought against social media companies for their addictive effects. The cases illustrate the tension between product…
Descriptors: Court Litigation, Social Media, Addictive Behavior, Freedom of Speech
Kim, Robert – Phi Delta Kappan, 2022
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…
Descriptors: Court Litigation, Freedom of Speech, Constitutional Law, Religion
Stitzlein, Sarah M. – Phi Delta Kappan, 2021
Political dissent has played an important role in giving U.S. citizens a voice and promoting justice for all. But too often, Sarah Stitzlein argues, dissent is underappreciated, especially in schools. Stitzlein discusses the obstacles to teaching dissent, particularly political movements seeking to suppress curricula and ideas that are considered…
Descriptors: Dissent, Teacher Role, Political Issues, Justice
Underwood, Julie – Phi Delta Kappan, 2013
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…
Descriptors: Freedom of Speech, Advocacy, Teacher Rights, Teacher Responsibility
Flygare, Thomas J. – Phi Delta Kappan, 1978
Unlike earlier cases, in Givhan the Supreme Court has accepted for consideration a case in which a teacher was dismissed for private rather than public speech. (IRT)
Descriptors: Court Litigation, Elementary Secondary Education, Freedom of Speech, Teachers
Flygare, Thomas J. – Phi Delta Kappan, 1985
Reviews "Bethel School District vs. Fraser," a case in which a student was suspended for presenting an "indecent" speech to his school's student body. Lower courts found the student's First Amendment rights violated, but the U.S. Supreme Court's decision to hear the case suggests these rights may be reexamined. (PGD)
Descriptors: Court Litigation, Freedom of Speech, High Schools, Student Rights
Flygare, Thomas J. – Phi Delta Kappan, 1979
If a teacher decides to make a statement that is not destructive of the school's operations in private to an administrator, the teacher may be restrained or punished if the statement is made in a manner, time, or place that interferes with the "regular operation of the schools." (Author/IRT)
Descriptors: Elementary Secondary Education, Freedom of Speech, Supreme Court Litigation, Teachers
Flygare, Thomas J. – Phi Delta Kappan, 1979
Reports on an interview with John Tinker of the "Tinker" case, which set the precedent for freedom of speech for students. (IRT)
Descriptors: Court Litigation, Elementary Secondary Education, Freedom of Speech, Student Rights
Zirkel, Perry A. – Phi Delta Kappan, 1999
A federal district court reinstated a competent volleyball coach when her Utah district reassigned her after discovering her gayness. The case seems a clear-cut lesson for school officials. Closer examination reveals the line drawn (between private behavior and public expression) that administrators and judges face when addressing homosexuality.…
Descriptors: Court Litigation, Freedom of Speech, High Schools, Physical Education
Schimmel, David – Phi Delta Kappan, 1973
There are no easy answers in the area of the right of free speech. The academic rights of teachers cannot be affirmed without also recognizing the rights of parents and the responsibilities of administrators. The First Amendment represents a national commitment to risk on the side of freedom. (Author/JN)
Descriptors: Academic Freedom, Administrator Responsibility, Censorship, Freedom of Speech
Flygare, Thomas J. – Phi Delta Kappan, 1981
Reviews the split decision of the U.S. Supreme Court in June 1981 that upheld the authority of the Minnesota State Fair to restrict the fairground solicitation activities of the Krishna religious sect. Discusses the relevance of the case to schools and colleges that constantly face problems concerning First Amendment rights. (Author/WD)
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Freedom of Speech
Fischler, Michael L. – Phi Delta Kappan, 1992
Describes a college counselor's efforts to reason with a student singing a Guns and Roses' song vilifying African Americans and homosexuals. Many individuals lack the historical knowledge, concern, or empathy to appreciate the destructive power of such lyrics. First Amendment rights are threatened by the academic community's silent assent to…
Descriptors: College Students, Counselors, Freedom of Speech, Higher Education
Zirkel, Perry A. – Phi Delta Kappan, 2004
In this month's Courtside, the author will stray somewhat from his usual format of describing a single case. Instead, he will be presenting the details of two separate cases, both of which involve similar circumstances, rely on similar legal arguments, and have similar outcomes. Most important, both appear to carry the same lesson. The lessons…
Descriptors: Freedom of Speech, Civil Rights, Court Litigation, Secondary School Teachers
Flygare, Thomas J. – Phi Delta Kappan, 1980
Discusses a case in which the courts upheld the school district's policies concerning the content of student publications. Concludes that perhaps the time has come that the schools can enforce rules that not only serve the legitimate interests of the schools, but also provide adequate protection for student rights. (Author/IRT)
Descriptors: Constitutional Law, Court Litigation, Freedom of Speech, High Schools
Zirkel, Perry A. – Phi Delta Kappan, 2005
During the 2002-03 school year, Michael B., Rebecca D., and Aldo V. were eighth-graders at the Regional Gifted Center program at the Beaubien School in the Chicago school system. In February, the Beaubien School held an annual contest for eighth-graders to determine the design for the class T-shirt. Michael was disappointed that his design did not…
Descriptors: Censorship, Disabilities, Freedom of Speech, Court Litigation