Higher education in the 2020s remains deeply divided on the role of religion, or what the Council on the Advancement of Standards (CAS) in 2023 describes as "religious, secular, and spiritual identities." In two previous articles in this Journal, one 2010 article by the late Peter Magolda and one in 2014 by Perry Glanzer, detail the ways…

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…

A small community in southwest Michigan has been witness to a significant cultural divide within its school system. An influential church has permeated school leadership and in many cases has overstepped the proverbial "wall separating church and state." A fairly high-profile case saw the Sixth Circuit Court enjoin the district to remove…

The First Amendment does not protect a bully when it comes to vulgar or intimidating language. When the language or behavior interferes with another student's educational opportunities--whether it is done inside or outside of school--it is not protected by freedom of speech or expression, and it should be addressed by school officials.…

Part memoir, part courtroom drama, part primer for fighting assaults on free speech, this book narrates a 5-year-long federal battle which began in 1986 to reinstate several literary classics to the reading list of a public high school in Lake City, Florida. The book recounts how the superintendent, the local school board, and several religious…

In 1989, some Springfield, Missouri residents demanded cancellation of the Southwest Missouri State University (SMSU) theater department's production of Larry Kramer's play, "The Normal Heart," which they alleged to be obscene. Opponents purchased newspaper advertisements which charged that the publicly funded production promoted a…

To assist public school administrators in identifying constitutionally permissible religious observances of national religious holidays, this paper analyzes a federal appellate court case, Florey v. Sioux Falls School District, in which it was found that public schools would not violate the First Amendment by observing religious holidays if the…

The first textbook censorship challenge reached the courts in 1949, when a group of Jewish parents objected to Jewish stereotypes in literature used in the classrooms. This New York case is a reminder that (1) would-be censors do not always come from the far right; (2) while most censorship cases go to court for the purpose of having controversial…

This article reviews some of the First Amendment issues that school boards and their legal counsel often encounter during a school board meeting. The discussion necessarily begins with a brief review of the public forum doctrine, under which is included the traditional public forum, the designated public forum, and the nonpublic forum. The article…

Considers the legal meaning of the "right to receive" in light of the many cases where reading material has been censored by being removed from public school libraries. (NKA)

Presents an overview of the increase in incidents involving censorship in all areas of the United States. (NKA)

Focuses on the problem of censorship in the public high schools, examining the legal aspects of censorship in that setting. (NKA)