First Amendment

Learn more about how the freedoms of speech, religion, and assembly play out in schools
Image of a speech bubble behind yellow tape, a censorship concept
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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
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
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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
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
10 min read
Illustration of a man on a ladder painting over a woman's speech bubble.
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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
7 min read
Image of a gavel
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Law & Courts A Teacher Argued His MAGA Hat Was Protected Speech. Here's What a Federal Appeals Court Said
Did a principal violate a teacher's rights when she told him not to bring his Donald Trump-inspired hat to a racial-sensitivity training?
Mark Walsh, January 4, 2023
4 min read
Scales of justice and Gavel on wooden table and Lawyer or Judge working with agreement in Courtroom, Justice and Law concept.
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Law & Courts Court Upholds Discipline of Students for Instagram Posts That Targeted Black Classmates
A unanimous federal appeals court panel said its ruling was consistent with the U.S. Supreme Court's 2021 decision on off-campus speech.
Mark Walsh, December 29, 2022
4 min read
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Law & Courts The 8 Most Consequential Developments in Education Law in 2022
The list includes major decisions from the U.S. Supreme Court, a transition on the high court, and several lower court decisions.
Mark Walsh, December 22, 2022
6 min read
Image of a gavel.
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Law & Courts A Native Student Barred From Graduation Over a Sacred Feather: Why Her Lawsuit Was Revived
A panel of the U.S. Court of Appeals for the 9th Circuit said a district may have selectively enforced its policy on graduation decorations.
Mark Walsh, December 9, 2022
2 min read
Sabin Middle School student Marvionna J., center, works with classmates Marcus Q. and Aaron A. to identify evidence from the indentured servant letter.
Middle school student Marvionna J., center, works with classmates Marcus Q. and Aaron A. to identify evidence from an indentured servant letter in a 2018 social studies class at Sabin Middle School in Colorado Springs, Colo.
Nathan W. Armes for Education Week
Equity & Diversity Censoring Race and Racism Lessons Defies Best Practice and May Be Unlawful, Report Argues
A teachers' union and a lawyers' alliance marshal legal and pedagogical evidence for racially inclusive and culturally responsive teaching.
Eesha Pendharkar, September 29, 2022
7 min read
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Law & Courts Appeals Court Revives Student's Free Speech Suit Over Antisemitic Social Media Post
The U.S. Court of Appeals for the 10th Circuit reinstated a case involving an off-campus post referring to the extermination of Jews.
Mark Walsh, July 8, 2022
3 min read
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Future of the First Amendment: Exploring Trends in High School Students’ Views of Free Speech
Learn how educators are navigating student free speech issues and addressing controversial topics like gender and race in the classroom.
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Globe with two ethnic characters holding symbolism for various world religions.
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Law & Courts Why Some Religious Groups Worry After Supreme Court Sided With Praying High School Coach
Concerns arise about equal treatment of students and employees from minority religious groups after a ruling on a Christian coach's prayers.
Evie Blad, June 28, 2022
5 min read
Joe Kennedy, a former assistant football coach at Bremerton High School in Bremerton, Wash., poses for a photo March 9, 2022, at the school's football field. After losing his coaching job for refusing to stop kneeling in prayer with players and spectators on the field immediately after football games, Kennedy will take his arguments before the U.S. Supreme Court on Monday, April 25, 2022, saying the Bremerton School District violated his First Amendment rights by refusing to let him continue praying at midfield after games.
The U.S. Supreme Court on Monday ruled in favor of former Bremerton (Wash.) High School assistant football coach Joseph A. Kennedy that his post-game prayers were protected by the First Amendment.
Ted S. Warren/AP
Law & Courts Supreme Court Says High School Coach's Post-Game Prayers Protected by the First Amendment
The decision could have enormous practical consequences for school districts and their supervision of teachers and other employees.
Mark Walsh, June 27, 2022
9 min read
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Law & Courts Supreme Court Strikes Down Maine's Exclusion of Religious Schools From Tuition-Aid Program
The justices hold that barring "sectarian" schools from the program for towns without public high schools violates the First Amendment.
Mark Walsh, June 21, 2022
7 min read