First Amendment

Learn more about how the freedoms of speech, religion, and assembly play out in schools
Human hand holding a magnifying glass over open holy bible book of Exodus verses for Ten Commandments, top view
Marinela Malcheva/iStock/Getty
States Does a Ten Commandments Display in Classrooms Violate the Constitution?
Louisiana is poised to become the first state to require all schools to post the Ten Commandments in classrooms.
Libby Stanford, June 13, 2024
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7 min read
ADF Senior Counsel and Vice President of U.S. Litigation David Cortman, left, and Liam Morrison speak at a press conference following oral arguments before the U.S. Court of Appeals for the 1st Circuit on Feb. 8, 2024.
David Cortman, senior counsel and vice president of Alliance Defending Freedom, left, and middle school student Liam Morrison speak to reporters following oral arguments over Morrison's "There Are Only Two Genders" T-shirt before the U.S. Court of Appeals for the 1st Circuit in Boston on Feb. 8, 2024.
Courtesy of Alliance Defending Freedom
Law & Courts Court Backs School That Barred Student's 'Two Genders' Shirt
The court said the shirt could be understood to demean transgender and gender-nonconforming students, and administrators could prohibit it.
Mark Walsh, June 10, 2024
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5 min read
Students walk into the front doors at Hinsdale Middle High School, in Hinsdale, N.H., on the first day of school on Aug. 30, 2022.
Students walk into Hinsdale Middle High School, in Hinsdale, N.H., in August 2022. A federal judge has struck down a New Hampshire law that bars the teaching of "divisive concepts" to K-12 students.
Kristopher Radder/The Brattleboro Reformer via AP
Law & Courts Federal Judge Overturns New Hampshire Law on Teaching 'Divisive Concepts'
The judge holds that the law is unconstitutionally vague because it does not make clear to educators what topics they may not teach.
Mark Walsh, May 28, 2024
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4 min read
Officers with the New York Police Department raid the encampment by pro-Palestinian protesters at Columbia University on April 30, 2024, in New York. The protesters had seized the administration building, known as Hamilton Hall, more than 20 hours earlier in a major escalation as demonstrations against the Israel-Hamas war spread on college campuses nationwide.
New York City police officers raid the encampment of pro-Palestinian protesters at Columbia University on April 30, 2024. Although not as turbulent as what is happening on many college campuses, K-12 schools in some pockets of the country are also contending with conflict stemming from the Israel-Hamas war.
Marco Postigo Storel via AP
School & District Management Israel-Hamas War Poses Tough Questions for K-12 Leaders, Too
High school students have joined walkouts, while charges of antisemitism in three districts will be the focus of a House hearing this week.
Mark Walsh, May 6, 2024
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9 min read
Image of a bible sitting on top of a school backpack.
Canva
States School Chaplain Bills Multiply, Stirring Debate on Faith-Based Counseling
Proponents say school chaplains could help address a mental health crisis. Opponents raise concerns about religious coercion.
Evie Blad, March 15, 2024
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6 min read
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
An American flag waves in front of the Supreme Court building on Capitol Hill in Washington, on Nov. 2, 2020.
Patrick Semansky/AP
Law & Courts When Blocking Social Media Critics, School Officials Have Protections, Supreme Court Says
The court said public officials' own pages may be "state action," but only when they are exercising government authority.
Mark Walsh, March 15, 2024
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6 min read
Illustration of speech bubbles crashing into each other on a red background.
iStock/Getty
Teaching Profession Teachers Face Backlash—and Discipline—for Political Stances on Israel-Hamas War
Recent clashes over teachers' views on the war raise concerns about political expression inside and outside the classroom.
Elizabeth Heubeck, December 8, 2023
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8 min read
The sun rises behind the U.S. Supreme Court in Washington on Nov. 10, 2020.
The sun rises behind the U.S. Supreme Court in Washington on Nov. 10, 2020.
Alex Brandon/AP
Law & Courts What the Supreme Court Had to Say About School Board Members Blocking Constituents
The justices take up a case involving school board members who blocked some constituents from posting comments on public social media pages.
Mark Walsh, October 31, 2023
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7 min read
The setting sun illuminates the Supreme Court building in Washington on Jan. 10, 2023.
The setting sun illuminates the Supreme Court building in Washington on Jan. 10, 2023.
Patrick Semansky/AP
Law & Courts School Board Members' Use of Social Media Faces Key First Amendment Test in Supreme Court
The justices will decide whether school board members engaged in government action when they blocked parents who posted repetitive comments.
Mark Walsh, October 24, 2023
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9 min read
A poster is held at the Iowa Queer Student Alliance "We say gay" rally inside the Iowa State Capitol on March 8, 2023, in Des Moines, Iowa.
The Iowa Queer Student Alliance holds a "We say gay" rally inside the Iowa State Capitol on March 8, 2023, in Des Moines. The legislature passed a bill last spring that prohibits school districts from providing false or misleading information to parents regarding their children's gender identity. A federal appeals court ruled that the new law made parts of a lawsuit against the Linn-Mar Community School District's policy moot, though the court revived a challenge to one part of the policy.
Margaret Kispert/The Des Moines Register via AP
Law & Courts Appeals Court Blocks District Policy That Requires Students to 'Respect' Gender Identity
The federal appeals court panel holds that the policy is likely unconstitutionally vague under the First Amendment.
Mark Walsh, September 29, 2023
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4 min read
Large magnifying glass with a diverse group of figures circled around it on laptops analyzing data
iStock/Getty
Law & Courts Lawsuit Spotlights California’s Restrictions on Researchers’ Use of Its Education Data
A California lawsuit has raised questions about researchers' access to education data.
Sarah D. Sparks, August 22, 2023
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6 min read
The U.S. Supreme Court is seen on July 13, 2023, in Washington.
The U.S. Supreme Court on July 13, 2023, in Washington. A Tennessee student is suing his school district over his suspension for social media posts that lampooned his principal, and the student contends his discipline is inconsistent with a 2021 U.S. Supreme Court decision on when schools may punish off-campus speech.
Mariam Zuhaib/AP
Law & Courts A Student Lampooned His Principal on Instagram and Got Suspended. Now, He's Suing
The student argues his posts did not disrupt school and are protected under a Supreme Court decision.
Mark Walsh, July 19, 2023
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6 min read
A copy of the book "And Tango Makes Three" is seen on a bookstore shelf on Nov. 16, 2006 in Chicago. The illustrated children's book is based on a true story of two male penguins in New York City's Central Park Zoo who adopted a fertilized egg and raised the chick as their own.
The book "And Tango Makes Three" is seen on a bookstore shelf on Nov. 16, 2006, in Chicago. The illustrated children's book is based on a true story of two male penguins in New York City's Central Park Zoo who adopted a fertilized egg and raised the chick as their own. The authors of the book and some students are suing a Florida district and the state board over the book's removal.
Nam Y. Huh/AP
Law & Courts Authors and Students Sue Florida Education Officials to Restore Access to Banned Book
The plaintiffs are suing to get access to the book restored.
Eesha Pendharkar, June 21, 2023
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4 min read
Jennifer Wilson, a Largo High School English teacher, wears a shirt against banning books at the Pinellas County School Board meeting in Largo, Fla., on Feb. 14, 2023. In Florida, some schools have covered or removed books under a new law that requires an evaluation of reading materials and for districts to publish a searchable list of books where individuals can then challenge specific titles.
Jennifer Wilson, a Largo High School English teacher, wears a shirt against banning books at the Pinellas County School Board meeting in Largo, Fla., on Feb. 14, 2023. In Florida, some schools have covered or removed books under a new law that requires an evaluation of reading materials and for districts to publish a searchable list of books where individuals can then challenge specific titles.
Dirk Shadd/Tampa Bay Times via AP
Law & Courts District That Restricted Access to Over 100 Books Sued by Publisher, Free Speech Group
Penguin Random House, PEN America, and several banned book authors are suing a Florida school district over removing and restricting books.
Eesha Pendharkar, May 17, 2023
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6 min read
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