The Supreme Court ruled, in "R.A.V. v. City of St. Paul Minnesota," that the city's Biased-Motivated Crime Ordinance is unconstitutional. Discusses the factual background of "R.A.V.," of "Doe v. University of Michigan," and leading cases in the area of student first amendment rights. Draws conclusions and assesses…

The Supreme Court in "Lamb's Chapel" unanimously reversed federal district and court of appeals decisions that had upheld school district rules prohibiting use of school district property "by any group for religious purposes." Discusses three issues within the context of religious speech: establishment of religion, free speech,…

In "Lambs Chapel," the Supreme Court struck down a complete prohibition against afterhours use of public schools by religious groups. Summarizes lower court decisions, and then the opinions of Justices White, Scalia, and Kennedy. Examines the Court's consensus about protecting religious perspectives under the Free Speech Clause and the…

The "Bishop v. Aronov" case concerned an administrator's right to prohibit a professor's religious speech during class at a public university. According to the Eleventh Circuit, the university classroom is not considered a public forum; professors as public employees may be subject to restrictions placed on their curriculum. (87…

Reviews "Waters," a Supreme Court ruling involving the dismissal of a nurse for allegedly making critical remarks about institutional policy, against the backdrop of other higher education-related free speech cases. Speculates on "Waters'" influence on the free speech rights of college and university educators. (110 footnotes)…

Examines "Wisconsin v. Mitchell," a Supreme Court ruling that the First Amendment was not violated by the application at sentencing of a penalty-enhancement provision in a hate crime statute. Discusses related cases and the Hate Crime Statistics Act of 1990, and concludes with a review of the implications of "Wisconsin" on…

In "Hazelwood," regarding school-sponsored newspapers, the Supreme Court granted broad discretion to school authorities under the First Amendment. Following a brief overview of changes in First Amendment law governing student expression rights since the 1960s is followed by an analysis of the impact of recent developments on the free…

The Federal Election Commission (FEC) is considering a rule that would prohibit federal candidates from holding political events on private college campuses. Explains the proposal's origins and content, and argues against the measure, explaining both its redundancy and internal inconsistencies. Suggests a less intrusive method to accomplish FEC's…

Summarizes two cases involving grade-school children presenting religious materials in the classroom: "Duran v. Nitsche" and "DeNooyer v. Livonia Public Schools." Advises teachers that parents who send their children to public schools have the right under the Establishment Clause to expect instruction that is free from…

The overall guiding principle of neutrality between government and religion masks a tension that exists between free exercise of religion and establishment of religion. Reviews the development and current status of "Lemon" as a test for neutrality; proposes a new test for neutrality, evenhandedness, that is common to both the Free…

Developments in free speech constitutional law have changed the function of public education. Sets forth the facts of "Settle," involving a student's claim to religious expression within a classroom; analyzes the court's decision in light of judicial precedent; and examines implications for the operation of public schools. (76 footnotes)…

Discusses situations that recently received judicial scrutiny regarding clashes between the freedom of the teacher and the freedom of the learner. Each of the following began with a student's objection to an instructional act: (1) freedom to research a religious topic; (2) freedom from racial discomfort; (3) freedom from sexual discomfort; and (4)…

Describes the panic that typically arises when the First Amendment is invoked in charges of sexual harassment in schools. Contends that sexism is a fundamental part of school culture, that school administrators apply free speech rights differently to males and females in schools, and that the Constitution applies to girls too. (24 footnotes) (MLF)

Summarizes the historical background of First Amendment law from "Tinker v. Des Moines" (1969) to "Hazelwood v. Kuhlmeier" (1988). Examines the Supreme Court's most recent decisions on related matters as well as lower court decisions involving bias-motivated speech on campus. Offers specific suggestions for public school…

Examines four cases decided in circuit courts regarding teachers' academic freedom. Cited in all these decisions was "Kuhlmeier," a case involving the lawful restriction of student speech. Contends that some of the language in the opinions could stimulate governing boards to try to intrude upon the professional judgment of teachers. (42…