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... suspension violated J.S.'s First Amendment free speech rights, that the School District's policies... pen, fucking in my office, hitting on students and their parents." Appendix ("App.") 38. In addit...
When an administrator abuses his or her discretion in enforcing a student speech policy, the preferred means of protecting students' free speech rights is through an as-applied challenge. Because an honest reading of Tinker's "reasonable forecast" standard permits a district to adopt and enforce a viewpoint-neutral anti-harassment policy, invocation of the overbreadth doctrine to strike down student speech restrictions lacks a textual anchor in student speech jurisprudence.
Another school prayer law was struck down by a Montgomery, AL, court. Alabama District Judge Ira DeMent ruled that the law violates US constitution by allowing government intrusion into religion and forcing public school students to participate in religious activities against their will. He added that it violates the free speech and free exercise rights of students and infringed the concept of freedom of religion. State officials, on the other hand, plan to ignore the ruling and demonstrated their intent to challenge the authority of the judiciary over church-state matters.
CHICAGO, June 1 /U.S. Newswire/ -- Citing the unconstitutionality of a "broad prohibition on speech," a federal appeals court in Chicago today upheld the ability of faculty and students at the University of Illinois to communicate with prospective student- athletes without prior approval from University officials. Writing for the majority in the case, Judge Terence Evans wrote that the University's concern that National Collegiate Athletic Association (NCAA) rules prohibited contacts with prospective student-athletes did not outweigh the free speech rights of faculty and students to speak out against racial insensitivity. The appellate court's decision upholds a previous ruling by U.S. District Court Judge Michael Mihm, who previously found that the free speech rights of students and f...
WASHINGTON, Jan. 12 /U.S. Newswire/ -- Today, Sen. Russ Feingold (D-Wis.) referenced the "Golden Gavel Award" that Judge Alito received from Family Research Council (FRC) in 2001. Judge Alito was given the award for his 2001 opinion in Saxe v. State College Area Sch. Dist., in which the court unanimously affirmed the free speech rights of students under the Brennan Standard. Family Research Council President Tony Perkins released the following statement:
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