Background: Over the past decade, courts increasingly have considered cases that involve clashes between public, secular private, and religious institutions in education. Such clashes appear to have intensified as recently as the 2019-2020 Supreme Court term, and the confirmation of Associate Justice Amy Coney Barrett to the Court in 2020 suggests…

This article examines conflicts that have unfolded over the past 75 years regarding the separation of church and state in American public education. Through discussion of the Establishment and Free Exercise Clauses as articulated in the First Amendment to the "US Constitution," as well as influential court cases that have set legal…

Guided by First Amendment principles, Americans must agree on a shared civic framework within which to negotiate our deepest differences. A painful first step is acknowledging public education's failure to find a constitutionally permissable, educationally sound role for religion in the schools. This situation has helped convince religious…

Presents activities for teaching high school students about the freedom of religion. Includes student handouts that explain basic constitutional principles and summarize leading U.S. Supreme Court cases concerning religious liberty. Encourages teachers to invite students to speculate on the future relationship of religion and public education. (SG)

From northern California to southern Florida, there are just too many superintendents who are reluctant to touch religion with the proverbial 10-foot pole. Following the let-sleeping-dogs-lie approach to administration, they start to think about First Amendment solutions only after a fight breaks out. By then it is often too late to avert a bitter…

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)…

To ascertain the knowledge level and congruent practices among public college and university student-personnel administrators relating to reported court decisions based on the First Amendment religious clauses, questionnaires were sent to a sample of 250 administrators. Responses from 169 (68%) of the administrators are analyzed. (MLF)

Due to increasing attacks on school curriculum and policies, administrators must understand the law associated with education and religion. Guided by this knowledge, school leaders can foster an educational environment while simultaneously protecting individual expression. If a lawsuit occurs, an administrator can best protect both the school and…

Discusses Supreme Court Justice William J. Brennan Jr.'s dissenting opinion in the Hazelwood v. Kuhlmeier decision in order to help advisers and editorial staffs who are preparing arguments intended to impress administrators with the value of student publications. (MS)

The central federal question surrounding vouchers is whether participation of sectarian schools violates the First Amendment's Establishment clause. The U.S. Supreme Court, through its interpretation of the federal Constitution, may have the final word in determining voucher proposals' future. Litigation in Cleveland, Milwaukee, Vermont, and Maine…

Intended to make the First Amendment relevant to young people by addressing issues that speak directly to their lives, this guide assists teachers in using "Talk about Freedom," a series of eight educational print advertisements (ads) for teenagers, in the classroom. The eight print ads presented in the guide address: (1) censorship of…

Two court cases involving parental objections to a school's curriculum on religious grounds carry important implications for the balance of control school boards and parents exert over the public school curriculum. (TE)

Presents a framework for dealing with the issue of mandatory student activity fees at state universities. Reviews court decisions and proposes that student groups that engaged in any political activity during the prior academic year be listed and subject to students' checking off those groups that they wished to fund. (172 footnotes) (MLF)

In early 2003, two distinguished researchers in school law analyzed aspects of the law vis-a-vis vouchers and tax credits and the public schools (McCarthy, 2003; Welner, 2003). The issues were confusing, and the author wondered how educators and the public responded. How can policy makers make reasonable decisions about public education without a…