First Amendment

Newsome v. Albemarle County School Board

The U.S. Court of Appeals for the Fourth Circuit has ruled that a student who is challenging a school district’s dress code prohibiting the wearing of any apparel associated with weapons and violence is entitled to a preliminary injunction preventing the district from enforcing the code with regard to his wearing a t-shirt bearing the initials NRA and depicting three gunmen. 

Ziegler v. Martin Cnty. Sch. Dist., No. 14-14221 (S.D. Fla Mar. 2, 2015)

Opinion of U.S. District Court for the Southern District of Florida granting summary judgment to school district and sheriff's department on claims that students' Fourth Amendment search and seizure rights, Fourteenth Amendment equal protection rights, and First Amendment speech rights were violated.

Leading Education Groups Urge Supreme Court to Review Errant Ruling in Student Speech Case

Alexandria, Va. (Jan. 6, 2014) - The National School Boards Association (NSBA), joined by other leading education groups and a state school boards association, is urging the U.S. Supreme Court to accept Easton Area Sch. Dist. v. B.H for review and to reverse the appellate court’s decision as contrary to well-established Supreme Court precedent.
 

NSBA Amicus Brief - Wigg v. Sioux Falls School District 49-5 (8th Cir.)

First Amendment: religion, freedom of speech - elementary school teacher's participation in after hours student religious club

TSSAA v. Brentwood Academy (U.S. Sup. Ct.)

First Amendment—standard for free speech challenge to contractual terms promoting educational mission.

NSBA Amicus Brief Page v. Lexington County School District One (4th Cir.)

First Amendment: Government speech—school district statements on proposed legislation—hyperlinks on school web sites

COSA School Law Practice Seminar

Attend COSA's annual in-depth School Law Practice Seminar where you can discuss shared challenges and grow as school attorneys and colleagues.

  • Earn up to 12 hours of CLE including 1 hour of ethics
  • Thursday morning work alike group luncheon meetings
  • Interactive discussions and in-depth sessions unique to your practice, including Through the Haze: Finding Clarity on Complex Issues Accompanying the Marijuana Legalization

NSBA Amicus Brief - Nurre v. Whitehead (9th Cir.)

First Amendment: Student free speech—playing of instrumental music with religious theme at graduation—qualified immunity and personal liability of school administrators.

NSBA Amicus Brief - Newsom v. Albemarle County (4th Cir.)

First Amendment: student expression - t-shirt depicting weapon - viewpoint discrimination. Filed April 18, 2003.

NSBA Amicus Brief - Morse v. Frederick (U.S. Sup. Ct.) on the merits

First Amendment: student expression – classification of speech, i.e. Tinker, Fraser, or Kuhlmeier – qualified immunity.

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