News & Analysis as of

Students First Amendment

CAS Legal Mailbag Question of the Week – October, 2017

by Shipman & Goodwin LLP on

Dear Legal Mailbag: It is bad enough that I can’t watch my beloved NFL games without being confronted with political protests. Now, as the assistant principal in a high school, I am getting panicky emails from teachers and...more

Doggone: False Statements and Free Speech in Clemmons v. Guilford Technical Community College

Sometimes, the motivation for chronicling a court decision is not because it is particularly groundbreaking; rather, it can simply be a confluence of peculiar facts and a reiteration of relevant legal principles. That is...more

Third Time’s the Charm – or Not

by McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit maintained its prior decision, holding that defendants violated the First Amendment when refusing to approve use of university trademarks on t-shirts incorporating a marijuana...more

Digital Disruptions: Handling Social Media Misuse By Students And Educators

by Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Social Media and Student Discipline – Where Are We?

The United States Supreme Court stated nearly 50 years ago that public school students do not shed their rights to free speech at the schoolhouse gate. In Tinker v. Des Moines Indep. Cmty. Sch. Dist., the Court struck down...more

2017 Vermont Legislative Session | The Year in Review - DRM's Government & Public Affairs Team Final Analysis

by Downs Rachlin Martin PLLC on

A May 18th adjournment brought to a close the first half of the 74th biennial session of the Vermont General Assembly. Drama awaits as Gov. Phil Scott has threatened to veto H.518, the fiscal year 2018 budget, over an...more

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

National Anthem Protests: How Should Schools, Colleges, And Universities Respond?

by Fisher Phillips on

It’s the night of the big game. Parents, students, and fans fill the stands. The marching band takes the field, but as the band begins to play the national anthem, the football team’s star player drops to one knee – similar...more

Back to School: NLRB Takes Aim at Colleges and Universities

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....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

Teacher’s Verbal Abuse of Student Does Not Rise to “Conscious-Shocking” Level Necessary to Support Due Process Claim

by Tucker Arensberg, P.C. on

L.H. and C.H. v. Pittston Area Sch. Dist., 130 F. Supp. 3d 918 (M.D. Pa 2015) (Decided September 10, 2015). The District Court for the Middle District of Pennsylvania determined that verbal abuse by a teacher, by itself,...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

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

Don’t Shoot the Messenger—Student Art Removed, First Amendment Notwithstanding

by Sullivan & Worcester on

Last fall we had occasion to address the extent to which public displays of art and attempts at controlling the content of them can run afoul of the First Amendment. In that case, public outrage at artwork submitted by...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

See You In Court - April 2015

by Shipman & Goodwin LLP on

The almost-interminable winter was finally over, and Peter Principal saw a significant uptick in the number of suspensions for offenses ranging from horseplay to assault. To make things worse, many of the students had their...more

Court of Appeals Holds That Student Safety Concerns Outweighed Teachers’ Picketing Rights

On May 6, 2014, in Santer v. Board of Education of East Meadow Union Free School District, the New York Court of Appeals held that a school district did not violate the First Amendment by disciplining teachers who...more

California Federal Court Finds that the First Amendment Does Not Preclude Sporting Event Participants from Asserting...

by DLA Piper on

On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern District of California’s...more

California Federal Court Finds that the First Amendment Does Not Preclude Sporting Event Participants from Asserting...

by DLA Piper on

On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern District of California’s...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

Seventh Circuit Dismisses Lawsuit Against Guidance Counselor For Defamation

by Franczek Radelet P.C. on

The Seventh Circuit Court of Appeals, which is the highest federal court with jurisdiction over Illinois, Indiana, and Wisconsin, recently rejected a claim by a parent that a school guidance counselor’s statement to his...more

Ninth Circuit Fumbles The Ball In Videogame Likeness Cases

Creating a new rule that gives videogames much more limited protection than other expressive works, the Ninth Circuit has ruled that realistically depicting college athletes in videogames showing them doing what they became...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

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