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Students Free Speech

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

CAS Legal Mailbag Question of the Week – April, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I am the advisor for our school newspaper and the student editor-in-chief is a pain in the a**...oops, I mean an impressive young man. When I tell him to do something, he takes it as an opening...more

California Ballot 2016: Pros and Cons of Props 57-61

by Lewitt Hackman on

This is the second post in our California Ballot 2016 series – providing the “nutshell” versions of each of the 17 state-wide measures voters must decide in November. Please refer to our first post in the series: Props 51-56,...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

School Restriction on Decorating Graduation Cap Upheld

by Shipman & Goodwin LLP on

It is graduation season and issues concerning graduation conduct and dress come to the forefront during this time of the year. A recent decision by the United States District Court for the Northern District of Oklahoma...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

Questions Remain About Social Media Privacy Rights During Workplace Investigations

by Seyfarth Shaw LLP on

Employees’ social media activities often play a key role in workplace investigations. For example, an employee may complain that a coworker sent a harassing Facebook message or posted something offensive on Twitter...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

Last Word on “Boobie” Bracelets From the U.S. Supreme Court

by Hodgson Russ LLP on

Yesterday, the U.S. Supreme Court denied a request by the Easton Area School District in Pennsylvania to declare the “I ? Boobies” bracelets as lewd and unacceptable in school. The prior ruling from the U.S. Court of Appeals...more

Balancing Freedom Of Expression And The Right Of Publicity: Implications For The Future Of Interactive Entertainment

by Farella Braun + Martel LLP on

Freedom of expression bowed to the right of publicity on July 31, 2013, when a divided panel at the Ninth Circuit ruled that college athletes could proceed in litigation against Electronic Arts (“EA”) for making sports-based...more

Ninth Circuit Says Schools May Discipline Students Whose Off-Campus Speech Threaten Classmates

by Best Best & Krieger LLP on

Ruling Strengthens Ability of School Districts to Suspend and Expel Students to Protect Students and Staff - Recognizing the increasing difficulties school administrators face in evaluating potential threats of...more

Can Schools Prohibit “I ♡ Boobies” Bracelets . . . Or Not?

by Franczek Radelet P.C. on

This month, two courts issued dramatically different opinions about whether school districts can prohibit breast cancer awareness bracelets reading “I ? boobies” without running afoul of students’ First Amendment free speech...more

Setting the Record Straight on the DMCA: UK Blogger Censored by Questionable Use of US Copyright Law

The Digital Millennium Copyright Act (DMCA) is sometimes criticized for creating more problems than it solves. Section 512 of the DMCA provides a mechanism for copyright owners to demand that Internet Service Providers...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

Disciplining Student Speech As A Threat After Newtown – The Right Choice?

by Franczek Radelet P.C. on

The media coverage of the Sandy Hook school shooting is tapering down, but the lessons for school administrators in its wake are just beginning. One such lesson comes after a California school suspended a high school senior...more

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