State courts find teen-agers’ ‘fighting words’ unprotected

Teen-agers are finding that courts are unsympathetic to their use of “fighting words”, viewing the language as disorderly conduct and affirming lower court decisions in finding the teen-agers delinquent. -db First Amendment Center Commentary March 11, 2010 By David L. Hudson Jr. Recent court decisions in Arizona and North Dakota demonstrate that kids can face [...]

Federal judge says school’s anti-gang policy raises First Amendment issues

After a high school student’s free speech arguments were rejected by a federal district judge, a federal appeals judge said that he could bring First Amendment claims against his school for punishing him for allegedly asking a question to another student about a gang. The student denies asking the question. -DB First Amendment Center November 18, [...]

Federal judge allows students’ empty-holster protest on Texas community college campus 2

A federal district judge ruled that two students could wear empty holsters at Tarrant County College Northeast  to protest school policy against concealed handguns on campus. The students could protest on public streets, sidewalks and common areas but not in classrooms or hallways. Another hearing is scheduled for November 16. -DB Courthouse News Service November [...]

Professors may face criminal charges for role in protest over budget cuts at Southern California community college

10News November 5, 2009 Southwestern College officials are investigation the actions of four professors currently on paid leave after a campus protest over budget cuts.The officials are concerned that the professors incited students to leave the free speech area and disregarded police instructions. -DB

No First Amendment defense in suit over man’s ejection from public meeting for making a Nazi salute

A federal court of appeals ruled that the City of Santa Cruz could eject a man from a city council meeting for a Nazi salute since the salute contributed to disrupting the meeting. The man’s attorney argued that the salute could not have been disruptive since no one noticed it. -DB Metropolitan News-Enterprise November 4, 2009 [...]

Indiana high School students sue after school imposed penalties for posting racy photos on internet

Two sophomores from an Indiana high school were barred from afterschool sports for the 2009-2010 school year when the administration objected to sexually provocative images of themselves the girls posted on MySpace. The American Civil Liberties Union is filing a suit against the school, arguing that the posting was not disruptive and therefore violated the [...]

Four faculty members suspended at Southwestern College after protest for budget cuts

Inside Higher Ed Commentary October 26, 2009 By Scott Jaschik Four faculty members received notices at Southwestern College, a community college in San Diego, that they were suspended the day after a peaceful campus protest over budget cuts. The notices referenced a section of the state penal code that prevents people from disrupting the orderly [...]

Judge removes barrier to New Jersey exit polling

Saying that he had never found evidence that exit polling created disorder at a polling place, a federal judge issued an injunction against New Jersey in its attempts to ban the polling with 100 feet of polling places. -DB Reporters Committee on Freedom of the Press October 26, 2009 By Rory Eastburg Judge blocks New [...]

Law center supports student’s right to criticize school policies in off-campus blog

The Student Press Law Center filed a friend-of-the-court brief to support a Connecticut high school student who in a blog criticized her principal about the use of school facilities for a concert. -DB Student Press Law Center Press Release September 4, 2009 The Student Press Law Center (“SPLC”), the nation’s only nonprofit legal-assistance organization serving student journalists, [...]

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