Compelled Speech Doctrine Should Apply in Challenges to Sex Registration Laws

First Amendment

Forcing a person to register as a sex offender may violate the right to freedom of speech.
Read More

Censoring Students for Pro-Trump Clothing is Problematic

Trump, MAGA, hat, free speech

Students have the right to engage in political speech at school. Censorship is not the answer.
Read More

Federal Court Will Allow Prosecutors to Introduce Parts of Music Videos in Trial of Rapper Kontraversy

Federal prosecutors may introduce rap music videos and an interview depicting a rapper with drug and weapons charges without violating the First Amendment.
Read More

Violent-themed Student Speech

In the wake of Columbine, school officials have taken to treating all violent-themed student speech as true threats.
Read More

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.
Read More

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.
Read More

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
Read More

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
Read More

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.
Read More