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Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

by Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

North Carolina Cyberbullying statute struck down as unconstitutional

On February 9, 2012, Robert Bishop was arrested and charged with one count of cyberbullying under the North Carolina Cyberbullying statute, which states that it is “unlawful for any person to use a computer or computer...more

North Carolina Supreme Court Strikes Down Cyberbullying Statute On Free Speech Grounds

by Poyner Spruill LLP on

In State v. Bishop (June 10, 2016), the Supreme Court of North Carolina reversed a unanimous panel of the Court of Appeals and struck down the state’s cyberbullying statute, N.C.G.S. § 14-458.1 as unconstitutional....more

Anti-SLAPP Statute Raised in Planned Parenthood Protest Lawsuit

by LeClairRyan on

The DC anti-SLAPP statute has been invoked in a Superior Court lawsuit in which plaintiffs arguing that students need to be free from disruptions in the school environment are facing off against anti-abortion protestors....more

Supreme Court Refuses to Provide Clarity on Discipline for Off-Campus, Online Student Speech

by Franczek Radelet P.C. on

The Supreme Court has a lot to worry about these days, like a year plus of finding out first hand what can happen (or not happen) to your ability to make precedent when you have a 4-4 deadlock on the Court. So its recent...more

High Court Reviews Protected Activity Under SLAPP Statute

by Archer Norris PLC on

In yet another installment of the gravamen of the complaint conundrum, the California Supreme Court is currently reviewing Park v. Board of Trustees of California State University (2015) 239 Cal.App.4th 1258. The issue is...more

CAS Legal Mailbag Question of the Week – 10/16/15

by Shipman & Goodwin LLP on

At my school, we like to treat everyone like family. Over the years, we have been more than happy to help publicize various events and causes for members of our school “family.” Whenever a parent or other community member has...more

Hidden Risks? What Liability Can Private Colleges and Universities Have for Their Student Newspapers and Publications?

by Saul Ewing LLP on

It is well-settled that public institutions are generally not liable for statements made by their student publications because the First Amendment prohibits them from exercising control over such publications. See, e.g.,...more

How Does the Supreme Court’s Recent Facebook Decision Impact Schools?

by Franczek Radelet P.C. on

In a recent decision, Elonis v. United States, the U.S. Supreme Court held that in order to convict a man for alleged threats made against his wife on Facebook, the prosecutor must show some level of intent. It was not enough...more

Social Media Freedom of Expression Cases Pit the Public Against Public Officials

by Best Best & Krieger LLP on

In perhaps the next battleground for government and education, citizens who comment on social media sites are facing off with local government officials public and school administrators who find their online expression...more

Sixth Circuit Rules School’s Search Of Student Cellphone Violated Fourth Amendment

by Franczek Radelet P.C. on

In a recent decision, the first federal appellate court to address the rights of school officials to search student cell phones held that a student’s violation of a school rule regarding technology did not justify a general...more

Be Careful When Searching Student Cell Phones, Sixth Circuit Warns

by Miller Canfield on

With text messages, Tweets, Facebook posts and other digital communications so prevalent in student’s lives, schools have been struggling to deal with the influx of mobile devices on campus. Last week, the Sixth U.S. Circuit...more

#Edchat Followup: Legal Issues For BYOD And 1:1 Programs In Schools

by Franczek Radelet P.C. on

Each Tuesday the #Edchat hashtag brings together educators from across the globe to discuss education-related topics on Twitter. Last week one of the questions on #Edchat was “How do we train educators to teach in programs...more

New Jersey District Dismisses Teacher Who Called Students “Future Criminals” On Facebook

by Franczek Radelet P.C. on

Earlier this month, a New Jersey appellate court affirmed the dismissal of a tenured teacher for comments she made about her students on Facebook. Good summaries of the case, In re O’Brien, can be found through the National...more

Public University Lawfully Terminated HR Vice President Who Published Op-Ed Insensitive To Homosexuals

by FordHarrison on

The University of Toledo terminated an Associate Vice President for Human Resources after she wrote an op-ed column arguing that homosexuals could choose their sexual orientation and thus were not entitled to the same...more

Pridgen v. University of Calgary, 2012 ABCA 139

by Field Law on

Two students found guilty of non-academic misconduct by university on account of Facebook postings derogatory towards instructor. On judicial review, university decision quashed by Alberta Court of Queen's Bench under...more

Minnesota Supreme Court Upholds University’s Right to Discipline Student Over Cadaver-Related Facebook Posts

by Franczek Radelet P.C. on

In the continuing saga involving the intersection of social media, university policy, and student speech rights, a public university’s right to discipline students for social media activity has been further defined and...more

Jackson Walker VIA Media Postcard - August 2011

by Jackson Walker on

In This Issue: - Chip Babcock Communique In Missouri, That's Not What Friends Are For — In an effort to protect students, recently passed legislation in Missouri limits a teacher's ability to interact with students...more

Corporatize Corruption

by Monica Lakhanpal on

Corporatize Corruption: Its a win win situation for all concerned, our government stands to gain by way of taxes from the government officials which opens up the largest segment for earning tax, the officials stand to gain by...more

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