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First Amendment

Learn more about how the freedoms of speech, religion, and assembly play out in schools
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Student Well-Being Student Journalists Want to Cover Politics. Not Everyone Agrees They Should
Student journalists are grappling with controversial topics—a lesson in democracy that's becoming increasingly at risk for pushback.
Brooke Schultz, November 1, 2024
7 min read
Law themed still life featuring Themis statue, judge gavel and scale of justice in a law library.
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Law & Courts A School Board Tried to Make Public Comments Civil. It Went Too Far, Court Says
The rules blocked protected speech or were inconsistently applied, judges say.
Mark Walsh, October 9, 2024
4 min read
Bible laying on a school desk in an empty classroom full of desks.
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Equity & Diversity Explainer Religion in Public 69´«Ã½, Explained
Public schools cannot promote any particular religion, and they must respect the individual religious beliefs of students and staff.
Evie Blad, August 23, 2024
10 min read
Demonstrators advocating for transgender rights and healthcare stand outside of the Ohio Statehouse, Jan. 24, 2024, in Columbus, Ohio. A federal appeals court on Wednesday, July 17, refused to lift a judge's order temporarily blocking the Biden administration’s new Title IX rule meant to expand protections for LGBTQ+ students
Supporters of transgender rights and healthcare stand outside of the Ohio Statehouse on Jan. 24, 2024, in Columbus, Ohio. A federal appeals court has refused to block an Ohio school district's policy that bars students from intentionally misgendering classmates by using pronouns that don't align with students' gender identity.
Patrick Orsagos/AP
Law & Courts A District's Rule Against Misgendering 69´«Ã½ Is Likely Constitutional
A federal appeals court did not block a policy barring students from using pronouns that don't align with a classmate's gender identity.
Mark Walsh, July 30, 2024
4 min read
Human hand holding a magnifying glass over open holy bible book of Exodus verses for Ten Commandments, top view
Marinela Malcheva/iStock/Getty
States Does a Ten Commandments Display in Classrooms Violate the Constitution?
Louisiana is poised to become the first state to require all schools to post the Ten Commandments in classrooms.
Libby Stanford, June 13, 2024
7 min read
ADF Senior Counsel and Vice President of U.S. Litigation David Cortman, left, and Liam Morrison speak at a press conference following oral arguments before the U.S. Court of Appeals for the 1st Circuit on Feb. 8, 2024.
David Cortman, senior counsel and vice president of Alliance Defending Freedom, left, and middle school student Liam Morrison speak to reporters following oral arguments over Morrison's "There Are Only Two Genders" T-shirt before the U.S. Court of Appeals for the 1st Circuit in Boston on Feb. 8, 2024.
Courtesy of Alliance Defending Freedom
Law & Courts Court Backs School That Barred Student's 'Two Genders' Shirt
The court said the shirt could be understood to demean transgender and gender-nonconforming students, and administrators could prohibit it.
Mark Walsh, June 10, 2024
5 min read
69´«Ã½ walk into the front doors at Hinsdale Middle High School, in Hinsdale, N.H., on the first day of school on Aug. 30, 2022.
69´«Ã½ walk into Hinsdale Middle High School, in Hinsdale, N.H., in August 2022. A federal judge has struck down a New Hampshire law that bars the teaching of "divisive concepts" to K-12 students.
Kristopher Radder/The Brattleboro Reformer via AP
Law & Courts Federal Judge Overturns New Hampshire Law on Teaching 'Divisive Concepts'
The judge holds that the law is unconstitutionally vague because it does not make clear to educators what topics they may not teach.
Mark Walsh, May 28, 2024
4 min read
Officers with the New York Police Department raid the encampment by pro-Palestinian protesters at Columbia University on April 30, 2024, in New York. The protesters had seized the administration building, known as Hamilton Hall, more than 20 hours earlier in a major escalation as demonstrations against the Israel-Hamas war spread on college campuses nationwide.
New York City police officers raid the encampment of pro-Palestinian protesters at Columbia University on April 30, 2024. Although not as turbulent as what is happening on many college campuses, K-12 schools in some pockets of the country are also contending with conflict stemming from the Israel-Hamas war.
Marco Postigo Storel via AP
School & District Management Israel-Hamas War Poses Tough Questions for K-12 Leaders, Too
High school students have joined walkouts, while charges of antisemitism in three districts will be the focus of a House hearing this week.
Mark Walsh, May 6, 2024
9 min read
Image of a bible sitting on top of a school backpack.
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States School Chaplain Bills Multiply, Stirring Debate on Faith-Based Counseling
Proponents say school chaplains could help address a mental health crisis. Opponents raise concerns about religious coercion.
Evie Blad, March 15, 2024
6 min read
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
Patrick Semansky/AP
Law & Courts When Blocking Social Media Critics, School Officials Have Protections, Supreme Court Says
The court said public officials' own pages may be "state action," but only when they are exercising government authority.
Mark Walsh, March 15, 2024
6 min read
Illustration of speech bubbles crashing into each other on a red background.
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Teaching Profession Teachers Face Backlash—and Discipline—for Political Stances on Israel-Hamas War
Recent clashes over teachers' views on the war raise concerns about political expression inside and outside the classroom.
Elizabeth Heubeck, December 8, 2023
8 min read
The sun rises behind the U.S. Supreme Court in Washington on Nov. 10, 2020.
The sun rises behind the U.S. Supreme Court in Washington on Nov. 10, 2020.
Alex Brandon/AP
Law & Courts What the Supreme Court Had to Say About School Board Members Blocking Constituents
The justices take up a case involving school board members who blocked some constituents from posting comments on public social media pages.
Mark Walsh, October 31, 2023
7 min read
The setting sun illuminates the Supreme Court building in Washington on Jan. 10, 2023.
The setting sun illuminates the Supreme Court building in Washington on Jan. 10, 2023.
Patrick Semansky/AP
Law & Courts School Board Members' Use of Social Media Faces Key First Amendment Test in Supreme Court
The justices will decide whether school board members engaged in government action when they blocked parents who posted repetitive comments.
Mark Walsh, October 24, 2023
9 min read
A poster is held at the Iowa Queer Student Alliance "We say gay" rally inside the Iowa State Capitol on March 8, 2023, in Des Moines, Iowa.
The Iowa Queer Student Alliance holds a "We say gay" rally inside the Iowa State Capitol on March 8, 2023, in Des Moines. The legislature passed a bill last spring that prohibits school districts from providing false or misleading information to parents regarding their children's gender identity. A federal appeals court ruled that the new law made parts of a lawsuit against the Linn-Mar Community School District's policy moot, though the court revived a challenge to one part of the policy.
Margaret Kispert/The Des Moines Register via AP
Law & Courts Appeals Court Blocks District Policy That Requires 69´«Ã½ to 'Respect' Gender Identity
The federal appeals court panel holds that the policy is likely unconstitutionally vague under the First Amendment.
Mark Walsh, September 29, 2023
4 min read