Greg Rolen discusses how Schools can cope with cyberbullying.
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
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
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
Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students....more
Yes, we are still talking about this. Despite facing what feels like a rising tide of political discourse in our communities for years, we continue to hear concerns about how schools can balance fostering academic freedom,...more
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
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
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
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
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
Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.” As a result, only...more
Mahanoy Area Sch. Dist. v. B. L. by and through Levy, 141 S. Ct. 2038 (2021). The United States Supreme Court holds that while schools can sometimes regulate student speech that takes place off-campus, the school district...more
The September 1, 2020 Trending Law Blog post discussed how the United States Court of Appeals for the Third Circuit in Mahanoy Area School District v. B.L., 964 F.3d 170 (2020), upheld a public school student’s First...more
On April 28th, the Supreme Court of the United States heard oral arguments in Mahanoy Area School District v. B.L., a student free speech case that every public school district in the country needs to be watching...more
In 1969, the Supreme Court recognized both that students do not surrender their First Amendment rights at the schoolhouse gates, but that schools do have the right to discipline students for speech that could cause...more
Yesterday, the United States Supreme Court heard oral argument in its first case ever to address the discipline of students for speech occurring off-campus, on their own time, and online. ...more
After the February 14 tragedy at Marjory Stoneman Douglas High School in Parkland, Florida, students began to organize like rarely before to protest gun violence in schools. Protests such as school walk-outs and “die-ins”...more
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
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
Two legendary figures in the ongoing fight for student free speech rights are asking the Supreme Court to revisit this thorny area of First Amendment jurisprudence. John and Mary Beth Tinker were petitioners forty-six years...more
Constitution Day 2013 was a pretty bad day for the Constitution on our public university campuses. That was the day that Robert Van Tuinen of Modesto Junior College in California was prevented from passing out copies of the...more