Opinion: Foundation faults University of California on student free speech rights

A study by the Foundation for Individual Rights in Education (FIRE) found that the eight campuses of the University of California performed poorly in upholding student free speech rights. Half of the campuses also failed to observe the UC president’s directive in 2009 to protect free speech in policies on discriminatory harassment. -db From the [...]

Student free speech takes another pasting in ruling on Internet postings

A federal appeals court ruled that students can be punished at school for their postings on MySpace even if the postings are made off campus in the students’ own time. The court found that the postings were disruptive to the school according to the landmark U.S. Supreme Court case Tinker v. Des Moines. Frank LoMonte, [...]

A&A:High school impeaches student president over Facebook rant

Q: My daughter was featured on the top most headline of the local newspaper this last Saturday. She has been stripped of her ELECTED position as President of her High School because of an off-hand comment she made on a chat on Facebook. We are looking to anyone that can help us and a lawyer [...]

Student Press Law Center adds voice to expelled student protester case

The Student Press Law Center has filed a brief in support of a student who in 2007 was summarily expelled from Valdosta State University, Georgia, for protesting the buidling of  a parking garage, a pet project of then school president Ronald Zaccari. In  2010 U.S. District Judge Charles Pannell of the Northern District of Georgia [...]

Federal court rules students can wear ‘Be Happy, Not Gay’ T-shirts

The 7th Circuit Court of Appeals ruled that students had the right to wear “Be Happy, Not Gay” T-shirts. A student at Neuqua Valley High School of the Indian Prairie School District wore the T-shirt a day after the school allowed a “Day of Silence” to protest LGBT harassment. “A school that permits advocacy of [...]

Law introduced in Congress to stop bullying in colleges

Forbes Opinion January 6, 2011 By Harvey Silverglate A Forbes commentator says that a law introduced in the Congress is part of an effort to curb bullying on college campuses but is redundant, vague and too broad and a serious attack on student free speech. The legislation was introduced in response to the suicide last [...]

Federal court affirms greater speech freedom for college students

The Third Circuit Court of Appeals struck down a university’s strict speech codes, and in so doing made a distinction between university standards and standards limiting speech in high schools and elementary schools in recognition that adults in universities should enjoy the freedom to engage in unfettered debate and discourse. -db FIRE Commentary August 20, [...]

Gov. Arnold Schwarzenegger signs free-speech bill with O.C. roots

Gov. Arnold Schwarzenegger signed into law Tuesday a student free-speech bill that the author says will close a legal loophole that allowed Orange County’s largest charter school to censor its student newspaper last year. The Orange County Register August 18, 2010 By Scott Martindale SACRAMENTO – State Sen. Leland Yee, D-San Francisco, introduced Senate Bill [...]

School boards ask federal judges to block employee free speech

School boards are trying to reverse a federal court ruling banning administrators from controlling the free-speech rights of teachers and other school employees. California Watch July 30, 2010 By Corey G. Johnson According to a brief filed yesterday in 9th U.S. Circuit Court of Appeals, the National School Boards Association (NSBA) and the California School [...]

5th Circuit strikes down part of university’s free-speech policy

A federal appeals court said universities cannot require a security fee for speaking on campus without any guidelines for what security is needed. July 28, 2010 By AP NEW ORLEANS — The 5th U.S. Circuit Court of Appeals ruled yesterday that Southeastern Louisiana University’s free-speech policy is unconstitutionally vague on that point. Jeremy Sonnier challenged the [...]

College district settles free-speech suit

A San Jose community college district has agreed to pay $100,000 to settle a free-speech lawsuit by a professor who was fired after allegedly telling students that male homosexuality is caused by stress during pregnancy and that true lesbians don’t exist. San Francisco Chronicle July 23, 2010 By Bob Egelko June Sheldon denied making the [...]

A&A: Can teacher lose job if student-survey questions school board policy?

My questions are as follows: 1. If a teacher assigns students the task of survey development and distribution along with data collection and analysis, what free-speech guidelines should the students follow? What free speech guidelines should the teacher follow since the students are conducting the survey as an assignment for their class? I ask you [...]

First Amendment groups petition federal appeals court for favorable ruling on student online speech

Conflicting court rulings have prompted First Amendment groups to ask for clarification about  when students can be disciplined for off -campus online speech that is  not a part of school activities. -db Student Press Law Center Press Release March 9, 2010 The Student Press Law Center, a national non-profit devoted to defending student journalists’ First [...]

Forty-year-old Supreme Court decision should still support free expression in schools

A First Amendment Center scholar says that the Supreme Court decision in Tinker v. Des Moines is still being ignored by public school administrators as they attempt to limit student speech and expression even though it does not cause disruption. -DB First Amendment Center Opinion November 23,2009 By David L. Hudson Jr. Forty years ago, the [...]

Federal court rules city college sexual harassment policy counter to free speech rights

The Los Angeles Community College District must stop enforcing their sexual harassment policy after a federal court ruling upholding an injunction against the policy. A court will now entertain arguments to determine if the policy is reaching too far to trample the First Amendment rights of students. -DB Student Press Law Center September 23, 2009 By Michael [...]

Students punished for off-campus speech

A CMLP intern says that there is an epidemic of cases in which students are reprimanded for off-campus speech. A case in a Mississippi high school illustrates the way students can be denied their First Amendment rights. -DB Citizen Media Law Project Commentary July 28, 2009 By Lee Baker The Supreme Court once famously said that [...]

Judge rules sexual harassment policy violates free speech rights

A federal judge ruled that a Los Angeles City College student could express his views opposing gay marriage and proceed with his suit against the the college for financial damages and a ban on a sexual harassment code. -DB Los Angeles Times July 15, 2009 By Gale Holland Saying it violates students’ free speech rights, a [...]

A&A: Protesting on school grounds

Q: Can I protest in front of a school about school practices or policies? For example, have a banner or sign that read’s “[This] high school left my kid behind! and stand in the front of the school near where kids are dropped off or picked up so their parents are aware. Can I pass [...]

A&A: Student ID Tags

Q: I have a freshman and a senior student at the public High School. For approx. the last two years the district has required them to wear ID Tags around their necks at all times while on campus. While I realize that the district is doing this for safety issues I do not agree with [...]