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Kagan First Amendment article indicates appreciation for student speech rights

(05/12/10 1:19pm)

Supreme Court Justice nominee Elena Kagan has no paper trail of judicial rulings on the First Amendment, but her academic writings suggest that she appreciates the need for robust constitutional protection of speech on campus, even when the words may be hurtful or offensive. In a 1996 article published in the University of California-Davis Law Review, then-Associate White House Counsel Kagan zeroed in on the constitutional flaws in an anti-discrimination code promulgated by Stanford University.


FERPA abuse reaches new extremes with unconstitutional restraint against Wyoming newspaper

(05/22/10 11:02pm)

Despite eighty years of contrary U.S. Supreme Court precedent, a Wyoming judge has restrained a newspaper from publishing lawfully obtained information about a local college -- on the grounds of the college's bogus claim of "student privacy." The Wyoming Tribune Eagle reports that Laramie County District Judge Peter G.



Parking garage protester (and campus free speech) prevails in the 'Peach State'

(09/08/10 12:23am)

A student expelled from a Georgia university for challenging the then-university president’s decision to spend $30 million of student fee money to build two campus parking garages has won his lawsuit against the school. On Friday, a federal district court judge in Georgia found that former Valdosta State University President Ronald Zaccari acted illegally in 2007 when he ordered former VSU student T.


"State of the First Amendment" 2010: The public is smarter than those running public schools

(09/16/10 5:47pm)

Principals who are asking courts, legislatures and school boards to grant them unchecked authority to regulate what students say on social-networking sites during their off-hours may be swimming against the tide of public opinion. Just in time for Constitution Day, our friends at the First Amendment Center are out with their annual "State of the First Amendment" poll, a telephone survey of 1,003 adults nationwide taken between July 28 and Aug.




Parents challenge school's 'I Heart Boobies' ban in federal court

(11/15/10 3:22pm)

The parents of two middle school students sued a Pennsylvania school district Monday over its ban of the controversial "I Heart Boobies" cancer awareness bracelets. The suit alleges that the Easton Area School District violated the free expression rights of the two girls, identified in court documents as "B.H." and "K.M.," when it banned students from wearing the bracelets last month.




Schools' overreaching, and mounting evidence of its civic damage, means Hazelwood will soon be a ghost of Christmases past

(12/24/10 5:18pm)

If it is true that "coincidence is God's way of remaining anonymous," then America's young people have been handed a Christmas blessing that, as with so many blessings, comes disguised as a lump of coal. It is difficult not to see divine providence in the confluence of Dec.


Thank God you graduated? In Montana, sure. In Colorado, no way. Are we all reading the same Constitution?

(12/29/10 6:15pm)

In a ruling that breaks with the prevailing approach of federal courts, Montana's highest court has limited the ability of public schools to dictate what students can say in addressing graduation ceremonies. The Montana Supreme Court's 6-1 ruling in Griffith v.




Unconventional Supreme Court case could turn First Amendment protection AGAINST government overreaching into protection FOR government overreaching

(03/01/11 7:09pm)

The Supreme Court will hear arguments April 27 in a First Amendment case with exceedingly high stakes for the legality of open-government statutes across the country. If the Court agrees with the reasoning of the Nevada Supreme Court in the case of Commission on Ethics of the State of Nevada v.



Censored Colorado students to receive Iowa State SPJ's First Amendment award

(04/01/11 3:46pm)

Two student editors from Overland High School in Colorado will be honored by next week by the Iowa State University chapter of the Society of Professional Journalists. Lori Schafer and Jaclyn Gutierrez say principal Leon Lundie shut down their newspaper and removed their adviser after they wrote a story about a student who died.