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Students First Amendment

Bricker Graydon LLP

Additional Title IX Regulation Injunctions Just Before the Implementation Deadline

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In the days just before the August 1, 2024 implementation deadline, a flurry of judicial activity changed the landscape of new Title IX regulation implementation yet again. ...more

TNG Consulting

[Virtual Event] Time with IX: Political Climate and First Amendment Rights - August 15th, 3:00 pm ET

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Join ATIXA’s Member-led DEIB Community of Practice for a crucial conversation on Political Climate and First Amendment Rights. This discussion is both timely and essential for Title IX teams across the nation as they navigate...more

Roetzel & Andress

Federal Judge Temporarily Prevents New Title IX Regulations From Taking Effect in Ohio

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On June 17, 2024, a United States District Court judge in Kentucky issued a preliminary injunction preventing the 2024 Title IX regulations from going into effect in several states, including Ohio. The 2024 regulations are...more

BCLP

Department of Education Issues Dear Colleague Letter as Student Protests Continue

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Colleges and universities around the country have been dealing with increasingly violent and contentious student protests in recent months.  Many have had to deal with student, parent, faculty, donor, and public criticisms...more

Fisher Phillips

Handling Campus Protests: Key Points for Colleges and Universities to Consider and 7 Tips for Your Protest Policy

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As protests erupt across college campuses, educational institutions are grappling with how to handle escalating situations and balance important interests like free speech and student safety. Colleges and universities are...more

Spilman Thomas & Battle, PLLC

Texas Students' Petition for Emergency First Amendment Ruling

Campuses across the country have ongoing debates regarding many different aspects of free speech. At the heart of these debates is whether efforts to confront bias on campuses intimidate students who want to speak their mind....more

Sands Anderson PC

Protecting Protests on Private Campuses

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After criticism of her testimony before Congress on antisemitism on college campuses, the President of the University of Pennsylvania, Liz Magill, resigned. And, at Pomona College, authorities arrested a professor who...more

Pollock Cohen LLP

What I Wish I Knew Then: Nadine Strossen

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In "What I Wish I Knew Then" (New York Law Journal, March 22, 2024), Nadine Strossen, former President of the ALCU and Professor Emerita of Constitutional Law at New York Law School, dives into issues of particular interest...more

Jenner & Block

Client Alert: The Supreme Court Declines to Weigh in on Dispute over Campus Speech Policies

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On March 4, 2024, the Supreme Court vacated the Fourth Circuit Court of Appeals’ judgment in a case challenging Virginia Tech’s bias intervention and response team policy, instructing the court to dismiss the case as moot. ...more

Alston & Bird

Lessons Higher Education Can Learn from Recent First Amendment Litigation

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Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students....more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 9, November 2023

The Accreditation Overhaul for North Carolina (and Florida) Colleges - Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more

Parker Poe Adams & Bernstein LLP

Navigating the Intersection of Religion and Public Schools

Public school districts across the country face an October 1 deadline to certify they do not prevent constitutionally protected prayer — or else they could lose federal funding. The certification is an annual exercise,...more

Bricker Graydon LLP

[Webinar] DEI, Free Speech and Academic Freedom (Higher Education Series) - February 7th, 12:00 pm - 1:00 pm EST

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The limits of First Amendment protections and principles of academic freedom in higher education institutions seem to be shifting. What are the DEI-related trends on campus? How are lower courts handling First Amendment and...more

Cohen Seglias Pallas Greenhall & Furman PC

What do I do if my freedom of speech is violated at my university?

College campuses have traditionally been considered bastions of free speech, where students can express their views and engage in robust discussions without fear of censorship or retaliation....more

Franczek P.C.

Department of Ed Releases Post-Kennedy Guidance on Religious Expression in Public Schools

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In May 2023, the Department of Education issued guidance on the current state of the law regarding constitutionally protected prayer and religious expression in public schools. Last updated in 2020, the guidance incorporates...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2023

ChatGPT’s Impact on Education and Student Data Privacy - Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more

TNG Consulting

Federal Appeals Court OKs Expulsion for High Schoolers’ Instagram Posts

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The School Board expelled two students, Epple and Chen, after their violent and racist Instagram posts about classmates circulated around their high school. The students challenged the school board’s ability to discipline...more

Spilman Thomas & Battle, PLLC

The Academic Advisor- Education Law Insights, Issue 2, February 2023

Win in Court doesn’t Assure More Pennsylvania School Funding - “Pennsylvania is the latest state where the public school funding system was found to be unconstitutional, but the experience in other states suggests there’s...more

Franczek P.C.

School District’s Discipline of Students for Off-Campus Speech Affirmed by Ninth Circuit Court of Appeals

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A recent Ninth Circuit Court of Appeals decision held that school officials did not violate students’ First Amendment rights when disciplining them for off-campus social media posts that amounted to severe harassment...more

Bricker Graydon LLP

Federal Circuit Court Addresses Student Athlete Misconduct Issues (Part 1)

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The United States Court of Appeals for the Second Circuit has published a significant ruling addressing college student athletes’ First Amendment, procedural due process, and Title IX rights. The case, Radwan v. Manuel,...more

Miller Nash LLP

Off Campus, but Still Within Reach: Ninth Circuit Affirms a Public High School’s Right to Discipline Students for Online...

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As anticipated, the Ninth Circuit has waded back into the choppy waters of student online and off-campus speech following the U.S. Supreme Court’s June 2021 ruling in Mahanoy Area School District v. B.L and found that a...more

Tucker Arensberg, P.C.

School District’s Discipline for Off-Campus Social Media Post Violated Student’s First Amendment Free Speech Rights

Tucker Arensberg, P.C. on

In re Appeal of G.S., 269 A.3d 718, 722 (Pa. Commw. Ct. 2022), appeal denied, 61 MAL 2022, 2022 WL 2447538 (Pa. July 6, 2022) (The Pennsylvania Commonwealth Court determined that the expulsion of a student for a social media...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 2, 2022

Welcome to our second edition of The Academic Advisor - our e-newsletter focused on education law insights. We hope you enjoyed our first issue and found it helpful. Our aim is to support the work that you do by bringing...more

Fisher Phillips

SCOTUS Sides with Public School Football Coach Who was Disciplined for Praying After Games

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The SCOTUS recently ruled in favor of a public high school football coach who lost his job after praying in front of students at the 50-yard line following the school’s football games. The Court held that the coach did not...more

Bond Schoeneck & King PLLC

General Counsel's Corner: Student Social Media and Free Speech on Campus

Free speech on campus—and off—has become a flashpoint for U.S. colleges and universities. Students’ ability to post their comments and concerns online, to forward messages to others for whom they may not have been intended,...more

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