Monday, November 22, 2010

Some interesting first amendment issues have arisen lately.

Two middle schoolers have filed a free-speech lawsuit against a Pennsylvania school district that suspended them for wearing the popular "I (heart) boobies!" bracelets. One, Girls sue Pa. school over 'boobies'-bracelet ban [AP / First Amendment Center, 11/17/10] has prompted this response from David L. Hudson of the First Amendment Center [11/22/10. He argues that school officials can't ban 'booby' bracelets simply because they don't like them or fear some students might be uncomfortable.

Another issue which has been litigated a lot, and usually appears closer to high school graduation time:

Ban on Graduation Speech Mentioning 'God' Ruled Unconstitutional  [AP / EdWeek / First Amendment Center, 11/19/10]: A Butte (Montana) High School valedictorian was unconstitutionally banned from speaking at her graduation because she refused to remove the words "God" and "Christ" from her speech, the Montana Supreme Court ruled. This story also appears in The First Amendment Center.
The case is Griffith v. Butte School District No. 1 et al.


Some other recent articles of note:


Norton: Anniversary approaches for a revolutionary, imperfect disabilities law [Thoughts on Public Education—TOPED, 11/22/10]: On November 29, teachers, parents, and students will quietly mark a huge milestone: the 35th anniversary of the passage of Public Law 94-142. Called the Education for All Handicapped Children Act when it was passed in 1975, it is now known as the Individuals with Disabilities in Education Act (IDEA).

Washington Supreme Court: State Law Barred Teacher Sex With 18-Year-Old [School Law Blog, 11/18/10]: Washington state's highest court ruled on Thursday that sex between a high school teacher and an 18-year-old student meets a state law's definition of educator sexual misconduct with a minor. The case is Washington v. Hirschfelder.
Oakland teachers vote in small numbers to authorize a strike [Oakland Tribune, 11/17/10]: Oakland teachers on Tuesday evening authorized its union leadership to call a strike, although less than 15 percent of the membership voted and leaders said a strike is not imminent.

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