Description

This course provides an extensive analysis of First Amendment issues in education, focusing on the rights of students and teachers in K-12 public schools. It begins by outlining key legal concepts and tests, such as the Tinker Test for student speech and the Hazelwood standard for school-sponsored activities. The presentation delves into specific case law, including Tinker v. Des Moines, Bethel v. Fraser, Hazelwood v. Kuhlmeier, and Morse v. Frederick, which have shaped the understanding of student speech rights. It also examines more recent cases involving off-campus speech, such as Layshock v. Hermitage, Bell v. Itawamba, and Mahanoy v. B.L., which highlight the evolving challenges of regulating student expression in the digital age. Regarding teachers, the presentation discusses cases like Boring v. Buncombe County Board of Education, which emphasize that teachers have less control over curriculum than students have over their own speech. It also addresses the balance between public regulation of curriculum content and the need to guard against censorship, citing cases like Keefe v. Geanakos and Brubaker v. Board of Education. Overall, the presentation provides a comprehensive review of the legal framework governing First Amendment issues in education.