Author: David L. Hudson Jr.
Violent-themed Student Speech
In the wake of Columbine, school officials have taken to treating all violent-themed student speech as true threats.
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Roscoe Jones – First Amendment Hero
This African-American Jehovah Witness preacher had the temerity to travel all across the Southeast promoting his religious faith even in all-white areas.
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Tinker after 50: A Historic Ruling Still Relevant After All These Years
Fifty years ago, the U.S. Supreme Court protected the ability of public school students from Des Moines, Iowa, to wear black peace armbands to protest the Vietnam War, recognizing the importance of student First Amendment rights.
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9th Circuit Panel Rejects Religious School’s Use of Ministerial Exception, Creates Circuit Split
A religious school in California cannot use the “ministerial exception” to label one of its former teachers and, therefore, avoid her disability discrimination lawsuit, a divided federal appeals court has
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Professor Justin Driver Delivers a Powerful Work on School Law and the Constitution
Those interested in learning more about constitutional law issues arising in the public schools would be well advised to check out Professor Justin Driver’s new book The Schoolhouse Gate: Public
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The Case of Manuel Duran Ortega Deserves Close Examination
While these criminal charges were dropped, local officials turned Duran Ortega over to the Department of Homeland Security. Duran Ortega left El Salvador in 2006 and escaped into the United States. He had to leave El Salvador because a rival television station convinced law enforcement in El Salvador to arrest him on trumped-up charges.
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Federal Appeals Court Rules Letter Possessed by Jailhouse Lawyer Not Protected Speech
A Wisconsin-based inmate did not have a First Amendment right to help another inmate draft a group petition, a federal appeals court has ruled. The decision is disturbing and shows the lack of respect that some courts have for inmates’ free-speech rights.
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Gay Rights Activist and Supreme Court Victor Left His Mark on the First Amendment
Raymond Wayne Hill, who passed away at the age of 78 on November 24, was known for his championing of gay rights causes and his social activism. He co-founded Houston’s first LGBTQ organization, helped to galvanize the National March on Washington for Lesbian and Gay Rights, and served as executive director of the Houston Human Rights League.
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Court Grants Preliminary Relief to Student Wearing T-shirts about Gun Ownership and Weapons
A public high school student in Wisconsin engaged in protected expression when he wore t-shirts with images of and messages about guns and gun ownership to his school, a federal
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Rhetorical Hyperbole Protects Free Speech
Rhetorical hyperbole is a concept important to the protection of free speech under the First Amendment. Many benefit from the principle, including protestors, sportswriters, editorialists and even the President of
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