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Hassenpflug, Ann – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2016
Analysis of two recent federal court cases in which principals violated student speech rights offers guidance to middle school administrators as they attempt to address student expression. Characteristics of a successful school from the Association for Middle Level Education provide a framework for analyzing these cases in order to prevent…
Descriptors: Middle School Students, Student Rights, Freedom of Speech, Self Expression
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Lewis, Maria M.; Kern, Sarah – Educational Administration Quarterly, 2018
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…
Descriptors: School Law, Court Litigation, Freedom of Speech, Public Schools
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Ehrensal, Patricia A. L. – Journal of School Leadership, 2012
Student speech has and continues to be a contested issue in schools. The Supreme Court ruled in "Tinker" that students do not shed their rights at the schoolhouse gate; in the "Kuhlmeier" and "Fraser" decisions, however, the Court gave school officials greater latitude in regulating student speech, especially when it…
Descriptors: Public Schools, Freedom of Speech, Student Rights, Court Litigation
Palestini, Robert; Falk, Karen Palestini – Rowman & Littlefield Education, 2012
This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…
Descriptors: School Law, Court Litigation, Public Schools, Private Schools
Waters, Kevin Stewart; Russell, William Benedict, III – Online Submission, 2008
The Internet is a valuable educational tool being utilized in many classrooms today. However, Internet and computer policies restrict and limit how the Internet and computer can be used in a school. An Internet and computer policy typically limits students to use the Internet and computer for educational purposes. If a student violates this policy…
Descriptors: Discipline, School Districts, Court Litigation, Internet
Rose, Lowell C. – Phi Delta Kappan, 1988
The U.S. Supreme Court is applying a new legal standard in court actions involving students' constitutional rights. Instead of basing decisions on the "substantial interference" argument, the Court is giving school officials broad latitude to structure an environment in which students can both learn and develop "socially appropriate…
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, Legal Responsibility
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Hils, Lynda – Journal of Law and Education, 2001
Argues that school policies of "zero tolerance" of threatening speech may violate a student's First Amendment right to freedom of expression if speech is less than a "true threat." Suggests a two-step analysis to determine if student speech is a "true threat." (PKP)
Descriptors: Court Litigation, Elementary Secondary Education, Freedom of Speech, School Law
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Gill, Ann M. – Journal of Law and Education, 1991
Reviews the pair of cases involving the free speech rights of public high school students; the response by legal commentators; and the court decisions in the wake of "Fraser" and "Hazelwood." (103 references) (MLF)
Descriptors: Court Litigation, Federal Courts, Freedom of Speech, High School Students
James, Bernard – School Safety, 1991
In "Bethel," the Supreme Court essentially extended the reach of the ordinary discipline code to serve objectives that are part of the perceived educational mission. Citizenship of students is as important to the education process as academic concerns, according to recent decisions. (seven references) (MLF)
Descriptors: Citizenship, Court Litigation, Discipline, Discipline Policy
Richards, Joe B. – 1992
The U.S. Supreme Court decision in "Hazelwood School District v. Kuhlmeier" established that a public high school newspaper, produced by students in a journalism class, is not a forum for public expression. The Court said that although school board policy specified that student free speech would not be restricted, other factors…
Descriptors: Administrator Role, Court Litigation, Discipline Policy, Elementary Secondary Education
Sendor, Benjamin – American School Board Journal, 1986
Examines a United States Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Refers to the 1969 decision in "Tinker v. Des Moines Independent Community School District," in which students had been suspended for wearing symbols of opposition to the…
Descriptors: Activism, Court Litigation, Discipline Policy, Elementary Secondary Education
Permuth, Steve; Mawdsley, Ralph D. – Principal Leadership, 2001
Discusses five landmark Supreme Court rulings that continue to affect the daily operations of public schools regarding equality ("Brown v Board of Education"), students' freedom of expression ("Tinker v. De Moines,""Bethel v. Fraser," and "Hazelwood v. Kuhlmeier"), and preservation of due process ("Goss…
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Equal Education
Splitt, David A. – Executive Educator, 1986
Examines a U.S. Supreme Court decision upholding the Bethel, Washington, school district in disciplining a student for giving a sexually provocative speech. Cautions against a possible trend toward renewed school emphasis on dress codes and other issues of decorum. (IW)
Descriptors: Court Litigation, Discipline Policy, Dress Codes, Elementary Secondary Education
Mawdsley, Ralph D.; Mawdsley, Alice L. – 1988
This monograph traces the legal history of the conflict between constitutional rights of expression in the schools and school boards' control of education. Chapter 1 provides an introduction to the law and policy of free expression. Chapter 2 is a case study of "Kuhlmeier v. Hazelwood School District," in which a high school principal…
Descriptors: Academic Freedom, Administrator Role, Board of Education Role, Censorship
O'Reilly, Robert C. – 1990
Student rights to freedom of speech and the legitimate degrees of control available to principals are discussed in this paper. An overview of pertinent federal litigation focuses on two landmark cases involving oral and written speech, respectively: Bethel School District #403 v. Fraser; and Hazelwood School District v. Kuhlmeier. A conclusion is…
Descriptors: Administrator Responsibility, Administrator Role, Behavior Problems, Censorship