First Amendment

Learn more about how the freedoms of speech, religion, and assembly play out in schools
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
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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
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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 Students 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
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4 min read
Large magnifying glass with a diverse group of figures circled around it on laptops analyzing data
iStock/Getty
Law & Courts Lawsuit Spotlights California’s Restrictions on Researchers’ Use of Its Education Data
A California lawsuit has raised questions about researchers' access to education data.
Sarah D. Sparks, August 22, 2023
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6 min read
The U.S. Supreme Court is seen on July 13, 2023, in Washington.
The U.S. Supreme Court on July 13, 2023, in Washington. A Tennessee student is suing his school district over his suspension for social media posts that lampooned his principal, and the student contends his discipline is inconsistent with a 2021 U.S. Supreme Court decision on when schools may punish off-campus speech.
Mariam Zuhaib/AP
Law & Courts A Student Lampooned His Principal on Instagram and Got Suspended. Now, He's Suing
The student argues his posts did not disrupt school and are protected under a Supreme Court decision.
Mark Walsh, July 19, 2023
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6 min read
A copy of the book "And Tango Makes Three" is seen on a bookstore shelf on Nov. 16, 2006 in Chicago. The illustrated children's book is based on a true story of two male penguins in New York City's Central Park Zoo who adopted a fertilized egg and raised the chick as their own.
The book "And Tango Makes Three" is seen on a bookstore shelf on Nov. 16, 2006, in Chicago. The illustrated children's book is based on a true story of two male penguins in New York City's Central Park Zoo who adopted a fertilized egg and raised the chick as their own. The authors of the book and some students are suing a Florida district and the state board over the book's removal.
Nam Y. Huh/AP
Law & Courts Authors and Students Sue Florida Education Officials to Restore Access to Banned Book
The plaintiffs are suing to get access to the book restored.
Eesha Pendharkar, June 21, 2023
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4 min read
Jennifer Wilson, a Largo High School English teacher, wears a shirt against banning books at the Pinellas County School Board meeting in Largo, Fla., on Feb. 14, 2023. In Florida, some schools have covered or removed books under a new law that requires an evaluation of reading materials and for districts to publish a searchable list of books where individuals can then challenge specific titles.
Jennifer Wilson, a Largo High School English teacher, wears a shirt against banning books at the Pinellas County School Board meeting in Largo, Fla., on Feb. 14, 2023. In Florida, some schools have covered or removed books under a new law that requires an evaluation of reading materials and for districts to publish a searchable list of books where individuals can then challenge specific titles.
Dirk Shadd/Tampa Bay Times via AP
Law & Courts District That Restricted Access to Over 100 Books Sued by Publisher, Free Speech Group
Penguin Random House, PEN America, and several banned book authors are suing a Florida school district over removing and restricting books.
Eesha Pendharkar, May 17, 2023
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6 min read
A person wears a "Let's Go Brandon" hat before Georgia Gov. Brian Kemp speaks during a Get Out the Vote Rally, on the eve of gubernatorial and other primaries in the state, on May 23, 2022, in Kennesaw, Ga.
A person wears a "Let's Go Brandon" hat before Georgia Gov. Brian Kemp speaks during a Get Out the Vote Rally, on the eve of gubernatorial and other primaries in the state, on May 23, 2022, in Kennesaw, Ga.
Brynn Anderson/AP
Law & Courts Their District Banned 'Let's Go Brandon!' Shirts. Now Students Are Suing
The Michigan students wore hoodies with the coded message critical of President Biden, which their district says is inappropriate for school.
Mark Walsh, May 2, 2023
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8 min read
The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
The U.S. Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
Jacquelyn Martin/AP
Law & Courts U.S. Supreme Court Has Schools in Mind as It Weighs What 'True Threats' Are
The justices cite school and college scenarios as they consider when speech perceived as threatening may be punished.
Mark Walsh, April 19, 2023
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6 min read
Image of a phone on the floor near the feat of a girl sitting on the floor.
iStock/Getty
Student Well-Being Districts Say Social Media Is Hurting Students' Mental Health. Now They're Suing
A growing number of school districts are filing lawsuits to hold social media companies accountable for teens' declining mental health.
Arianna Prothero, April 13, 2023
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6 min read
Image of a speech bubble behind yellow tape, a censorship concept
Vanessa Solis/Education Week + iStock/Getty Images
Law & Courts Opinion A Student Journalist's Plea: Stop Censoring Us (and Our Advisers)
High school newspaper staff deserve the same rights as professionals: to uncover wrongdoings and inform the public.
Serena Liu, March 9, 2023
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4 min read
Antique copy of On the Origin of Species by Charles Darwin, first published in 1859 it is considered to be the foundation of evolutionary biology
Duncan Walker/E+
Science Will Restrictions on Teaching 'Controversial' Issues Target Science Classes?
Proposals that target the teaching of evolution aren't new, experts say. But they're changing shape in the current political moment.
Sarah Schwartz, February 15, 2023
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5 min read
Oklahoma Attorney General John O'Connor speaks during a bill signing ceremony for a bill making it a felony to perform an abortion, punishable by up to 10 years in prison, Tuesday, April 12, 2022, in Oklahoma City.
Then-Oklahoma Attorney General John M. O'Connor, shown last year in Oklahoma City, issued an advisory opinion last December that bolstered the prospects of charter schools sponsored by religious institutions.
Sue Ogrocki/AP
School Choice & Charters A Proposed Catholic Charter School Is New Test for Religion and Public Education
With a favorable state attorney general's opinion in hand, Catholic officials are set to ask for approval of the first religious charter.
Mark Walsh, February 9, 2023
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10 min read
Illustration of a man on a ladder painting over a woman's speech bubble.
iStock/Getty Images Plus
School & District Management School Boards Are Limiting Public Comment. Will That Erode Trust?
School boards walk a fine line when they restrict public comment policies in a divisive political climate.
Evie Blad, January 18, 2023
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7 min read
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