The use of social media may be contributing to violations of copyright law and can create legal challenges for school districts trying to balance ease of communication and First Amendment freedom of speech rights against compliance with federal regulations. In this case, a district is threatened with a lawsuit for copyright violation when one of…

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…

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…

Music with sacred texts is integral to the historical and modern development of the music education field, yet many who teach in public schools find themselves limited or banned from using sacred music. School divisions do not have a consensus opinion on how to handle this sensitive topic, and the law is not explicit. In this article, I provide an…

Principals have acknowledged the challenges with remaining current on issues in the law. A unique challenge for principals is the intersection of students' First Amendment rights in the school context and the legal issues surrounding student-created webpages. Using a randomly selected sample of Ohio high school secondary principals, I investigated…

Online activities increasingly represent a common part of the student experience. Along with seeking to engage students in positive ways in relation to their online activities, colleges and universities must also deal with instances of when students' online expression potentially violates campus conduct standards. This article provides a review of…

There have been many studies done and much research completed on the problem of academic dishonesty at the college and university level. However, there is a dearth of studies done on academic dishonesty as it relates to the legal issues and trends related to higher education administration. The purpose of this research is to analyze the issues,…

Scholarship programs authored by state legislatures may conflict with a state's constitution. In the case of "Locke v. Davey" 540 U.S. 807 (2003), Joshua Davey challenged the State of Washington's withdrawal of his Promise Scholarship claiming violation of his First Amendment rights under the United States Constitution. This…

The number of lawsuits pertaining to educationally related issues is on the rise in the US (Mounts, 1999). Garner (2000) reports that teachers consider legal issues the third most important area of teacher preparation. However, few universities offer undergraduate courses in educational law and few programs offer comprehensive training concerning…

A study examined the quantity and quality of libel decisions of the Warren and Burger Supreme Courts to determine how changes in libel law came about, how individual justices voted on libel compared to other issues of freedom of expression, and how permanent constitutional libel rules will be as the more conservative Rehnquist Supreme Court takes…

Although the media has long been familiar with the tort law of libel and invasion of privacy, they may not be aware that the law of torts reaches more broadly. This paper examines legal developments in cases where actions of the media are alleged either to have caused the plaintiff to do something resulting in physical harm or financial loss, or…

This discussion summarizes the general principles that may be applied in determining the limits of free expression and proposes new criteria based on libertarian values. Among the general principles summarized are the bad-tendency test, the clear-and-present-danger test, the balancing test, the incitement test, and the hypothetical absolute test.…

Discusses the attempt by Boston editors to define press rights and examines legal constraints on press freedom. (KS)

Recounts the case of a high school drama teacher in North Carolina who was disciplined after she chose a play for her students to perform, Lee Blessing's "Independence," which contained characters and language a parent found objectionable. Discusses the legal case that ensued and implications for academic freedom and the First Amendment.…

Public school leaders often find themselves caught between groups with passionately held--but widely varying--views regarding the appropriate role for religion in public schools. Tensions are heightened by the growth of well-funded special interest groups inclined to litigate anywhere a test case arises. By reviewing the most recent judicial…