First Amendment

Learn more about how the freedoms of speech, religion, and assembly play out in schools
Screenshot of a portion of a response email blaming Democrat Senators for the government shutdown.
Vanessa Solis/Education Week + Getty
Federal Judge Tells Ed. Dept. to Remove Language Blaming Democrats From Staff Emails
The agency added language blaming "Democrat Senators" for the federal shutdown to staffers' out-of-office messages
Brooke Schultz, November 7, 2025
3 min read
Illustration of the arm of Statue of Liberty with various speech bubbles coming out of the top of her torch
DigitalVision Vectors
Law & Courts Court Rejects Discipline of Student Whose Post Mocked George Floyd's Death
An appeals court ruled that a student's off-campus social media post is constitutionally protected.
Mark Walsh, October 31, 2025
4 min read
A Let's Go Brandon flag and an American flag fly during the NASCAR Cup Series M&M'S Fan Appreciation 400 on July 24, 2022, at Pocono Raceway in Long Pond, Pa.
A Let's Go Brandon flag and an American flag fly during the NASCAR Cup Series on July 24, 2022, at Pocono Raceway in Long Pond, Pa. The slogan originated at a 2021 NASCAR race in Talladega, Ala., and quickly became a coded way of criticizing then-President Joe Biden. An appeals court in a free speech case said school administrators were within bounds insisting a student not wear a shirt with the slogan because of its implied vulgarity.
Rich Graessle/Icon Sportswire via AP Images
Law & Courts Appeals Court Backs School Administrators Who Banned 'Let's Go Brandon!' Shirts
A coded message of political criticism was vulgar and can be barred in schools.
Mark Walsh, October 16, 2025
5 min read
Illustration of a teacher's desk and speech bubbles with the colors of the US flag with stars and stripes.
Illustration with Getty and DigitalVision Vectors.
Teaching Profession Free-Speech Lines Blur for Teachers in Wake of Charlie Kirk's Killing
Fallout from teacher reactions to the activist's death led some state officials to threaten to revoke educators' licenses.
Sarah D. Sparks, September 19, 2025
9 min read
Smart Phone and steel trap on yellow background. Concept of social media and phone addiction. 3D rendering
iStock/Getty Images
School & District Management Opinion Educators Are Being Fired for Posting About Charlie Kirk. Is That a Problem?
Many schools lack a shared understanding of how free speech and professional ethics intersect on social media.
Meagan Booth, September 17, 2025
5 min read
Charlie Kirk speaks before he is shot during Turning Point's visit to Utah Valley University in Orem, Utah, on Sept. 10, 2025.
Charlie Kirk speaks before he is shot during Turning Point USA's visit to Utah Valley University in Orem, Utah, on Sept. 10, 2025. Teachers across the country have been fired or put on leave for their inflammatory social media posts about the shooting.
Tess Crowley/The Deseret News via AP
Teaching Profession Teachers Across the U.S. Get Suspended or Fired Over Posts Linked to Charlie Kirk
Teachers face discipline for social media posts following the conservative speaker's assassination.
Sarah D. Sparks, September 12, 2025
6 min read
Stonewall Jackson High School in Shenandoah County.
The Shenandoah County, Va. school board voted in May 2024 to rename Mountain View High School as Stonewall Jackson High School and Honey Run Elementary as Ashby Lee Elementary four years after the names had been removed. Now, a judge has found the decision to rename the high school violated students' free speech rights.
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Law & Courts School's Confederate Name Violates Students' Free Speech, Judge Says
The district was the first to reverse course and bring back Confederate names for its schools. The litigation is ongoing.
Brooke Schultz, September 10, 2025
3 min read
Woman with cross on her mouth, unable to speak, concept of silence.
Getty
Teaching Profession Opinion A New Law Claims to Curb Teacher Sexual Misconduct. What Does It Really Do?
In one state, teachers now face strict limits on how they can communicate with students outside the classroom.
Lora Bartlett, August 21, 2025
6 min read
Jackson County High School in Kentucky posts the Ten Commandments in the front hall of the school, shown here in 2000, and in every classroom, on June 25, 2025. A group of North Texas reverends filed a federal lawsuit this week to challenge a new state law that would require posting the Ten Commandments in each public school classroom.
The Ten Commandments is seen on display at Jackson County High School in Kentucky in 2000. On Aug. 20, 2025, a federal judge blocked—in 11 school districts for now—a Texas state law requiring similar displays. Similar state laws in Arkansas and Louisiana have also been halted recently in at least part of each state.
<a href="https://www.gettyimages.com/search/2/image?artistexact=Lexington%20Herald-Leader">Lexington Herald-Leader</a>/Getty Images
Law & Courts Judge Blocks Texas Law Requiring Ten Commandments in Schools
A federal district judge ruled that the Texas law requiring Ten Commandments displays is schools likely violates the First Amendment.
Mark Walsh, August 20, 2025
4 min read
Image of a female with a graduation cap on and money coming off the top. On the cap is an emblem of the USA flag.
Collage via DigitalVision Vectors + Getty
Teaching Profession Some Teachers Could Lose Out on Loan Forgiveness Under Trump Admin. Proposal
Districts and other employers face proposed restrictions on student loan forgiveness for employees.
Sarah D. Sparks, August 19, 2025
7 min read
Students for Life of America hold a rally at Supreme Court with multiple members of Congress the night before the court is hearing Dobbs v. Jackson Women's Health Organization, Nov. 30, 2021.
Members of Students for Life of America hold a rally at the U.S. Supreme Court on Nov. 30, 2021, the night before the court heard arguments in <i>Dobbs</i> v. <i>Jackson Women's Health Organization</i>, the case in which it removed federal constitutional protection for abortion. This week, a federal appeals court upheld an Indiana school's refusal to allow a student who had started a school chapter of the group to post flyers with anti-abortion messages on school walls.
Zach D Roberts/NurPhoto via AP
Law & Courts Appeals Court Backs School in Anti-Abortion Club's Flyer Dispute
A federal appeals court upheld an Indiana school district's limitation on a Students for Life club's political messages on school walls.
Mark Walsh, August 15, 2025
3 min read
Seen is an image of the hat that was included in the complaint.
Seen is the “Come and take it” hat, featuring an image of an AR-15 style rifle, that was at the center of the First Amendment lawsuit <i>C.S.</i> v. <i>McCrumb</i>.
U.S. District Court Eastern District of Michigan Southern Division
Law & Courts Appeals Court Sides With School in ‘Come and Take It’ Gun Hat Dispute
A full federal appeals court declined to reconsider a panel's decision backing administrators who required a student to remove her gun hat.
Mark Walsh, August 13, 2025
4 min read
Arkansas Gov. Sarah Huckabee Sanders signs an education overhaul bill into law, March 8, 2023, at the state Capitol in Little Rock, Ark.
Arkansas Gov. Sarah Huckabee Sanders signs an education overhaul bill into law on March 8, 2023, at the state Capitol in Little Rock. The law includes a provision targeting critical race theory and other ideologies that state lawmakers considered "discriminatory."
Andrew DeMillo/AP
Law & Courts Appeals Court Backs Arkansas Law Targeting Critical Race Theory
A federal appeals court allowed Arkansas to enforce its law barring teachers from "indoctrination" of students in Critical Race Theory.
Mark Walsh, July 18, 2025
3 min read
A new billboard welcoming visitors to "Florida: The Sunshine 'Don't Say Gay or Trans' State," is seen on April 21, 2022, in Orlando, Fla. Florida's state government and LGBTQ+ advocates have settled a lawsuit challenging a law that bars teaching about sexual orientation and gender identity in public schools.
A billboard welcoming visitors to "Florida: The Sunshine 'Don't Say Gay or Trans' State," is seen on April 21, 2022, in Orlando. The billboard was a commentary by an LGBTQ+ rights group on a controversial law backed by Gov. Ron DeSantis regarding the teaching of certain topics. A federal appeals court on July 2 refused to block a related law, one barring teachers from using pronouns or titles that don't match their sex assigned at birth.
John Raoux/AP
Law & Courts Appeals Court Backs Fla. Law Barring Transgender Teacher's Use of Her Pronouns
A federal court upheld Florida’s ban on K-12 teachers using pronouns that differ from their sex assigned at birth when speaking to students.
Mark Walsh, July 2, 2025
4 min read