As a fundamental communication tool, media has undergone transformative changes throughout history. This has a lot to do with education. Each era has been characterized by its own unique media paradigms, from the invention of the printing press in the 15th century to the emergence of radio and television in the 20th century. These paradigms not…

Guided by legal, sociolegal, and higher education concepts, we use an embedded case study of university administrators at a public institution to examine how they negotiate and institutionalize principles of freedom of expression and inclusion in responses to the proliferation of on-campus hate speech following the 2016 U.S. presidential election.…

The rise of social media use among school youth has compelled school districts to implement social media monitoring to prevent active shootings, bullying, harassment, victimization, and suicide in the community. This presents an ethical and legal dilemma, with issues surrounding students' rights to safety, privacy, and free speech in cyberspace.…

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…

Speech at Australian universities is restricted in various ways. A few of them, such as student protests against visiting speakers, receive lots of attention. Others seldom do, such as defamation threats and cyber harassment. Self-censorship may be more significant than overt censorship. Those who want to raise awareness of hidden limitations on…

What legal and ethical issues arise when students choose to perform popular music with explicitly religious content? The purpose of this article is to construct a policy framework for discussing the use of popular religious music within the classroom, with a specific focus on the concept of proselytization as legal criteria for setting appropriate…

In this Martin Center policy brief, "Scholastic Gag Orders: NDAs, Mandatory Arbitration, and the Legal Threat to Academics," Stephen Baskerville explores how non-disparagement agreements (NDAs) and mandatory arbitration (MA) provide a veil of legally enforced secrecy, shielding administrations from negative publicity, professional…

M. Alison Kibler is Professor of American Studies and Women's Gender and Sexuality Studies at Franklin and Marshall College. She has taught "Rights and Representations", a seminar for first year students, focusing on the tension between free speech and equality in American law and politics, for fifteen years. In this article, Kibler…

On April 16, 2007, a student at Virginia Tech University, known to be mentally ill, went on a rampage shooting 49 people on campus before taking his own life. When it was over, 32 people were dead, and the concept of a safe campus was forever changed. The incident revealed the inherent conflicts between campus safety concerns and students' civil…

This article examines an education policy matter that involves homophobic speech in public schools. Using legal research methods, two federal circuit court opinions that have examined the tension surrounding anti-LGBTQ student expression are analyzed. This legal analysis provides non-lawyers some insight into the current realities of student…

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…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

This article discusses concerns about how Neil M. Gorsuch, a U.S. Supreme Court nominee, might influence decisions regarding cases involving the appropriate scope of services guaranteed by federal special-education law, government aid to religious institutions providing educational services, and how intellectual property law applies to sports…

Polarizing political beliefs are nothing new on campus, but the tactics employed by supporters of the Boycott, Divestment, Sanctions (BDS) movement create new cause for concern, from the politicization of curricula and academic associations to efforts to silence Israeli speakers to overtly anti-Semitic behavior on campus. In a new essay, the…

The purpose of this paper is to highlight current U.S. Supreme Court precedents regarding public employee speech on matters of public concern, and how those precedents are being applied by lower federal courts to public school administrators. Surveying the current legal landscape reveals a heightened vulnerability for school administrators…