News & Analysis as of May 31, 2025

Supreme Court of the United States › First Amendment › Colleges

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

OCR’s Directive on Race-Conscious Policies in Higher Education

Troutman Pepper Locke on 2/25/2025

On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more

Client Alert: US Department of Education Issues Dear Colleague Letter Interpreting Students for Fair Admissions: What Colleges and...

Jenner & Block on 2/20/2025

On February 14, 2025, the US Department of Education’s Office for Civil Rights (OCR) issued a Dear Colleague Letter about legal obligations for educational institutions under Title VI of the Civil Rights Act of 1964 and the...more

Supreme Court October Term 2024 – Education Cases to Watch

Franczek P.C. on 2/6/2025

Some of us measure our year in weeks, months, or, for the readers of this article, likely by the school calendar. The Supreme Court, however, has its own measurement. The Court operates, hears cases, and issues rulings each...more

An Educated Guess: Anti-DEI Legislation Raises Legal and Practical Concerns for Colleges and Universities

ArentFox Schiff on 6/15/2023

On May 15, 2023, Florida Governor Ron DeSantis signed legislation that impedes Diversity, Equity, and Inclusion (DEI) programs at public higher education institutions throughout the state. Florida’s legislation is among a...more

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

Spilman Thomas & Battle, PLLC on 5/1/2023

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

U.S. Supreme Court Upholds Power of Elected Boards to Censure Their Own Members

Nossaman LLP on 3/29/2022

After years of recriminations and acrimony between members of the Board of Trustees for the Houston Community College System (“System”), the Board censured one of its members for “reprehensible” conduct–including speech–“not...more

June 2021: The Top 19 Labor And Employment Law Stories

Fisher Phillips on 7/7/2021

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Supreme Court Holds Voters Have a Right to Reject Government-Funded Racial Preferences in Public Higher Education

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/24/2014

On April 22, 2014, the Supreme Court of the United States held that although consideration of race in admissions is constitutionally permissible, voters have every right to reject it. The case, Schuette v. Coalition to Defend...more

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