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Since 1939, legal recognition of the public forum concept has been gradually extended to include the public schools. This expansion of the free speech right has been accompanied by a movement of similar intensity aimed at narrowing the scope of regulatory action that might inhibit First Amendment freedoms. Ultimately, recognition of the public school as a public forum was coupled with the narrowed scope of allowable regulatory action. The result has been a philosophical revolution in which the student press, once conceived as an educational tool fully controlled by school authorities, is now seen as enjoying the same freedom from regulation afforded any other speech activity in a public forum. While this philosophy has not been universally accepted as yet, it has been recognized by all levels of federal courts and several state courts. The implication of these developments is that students who edit, produce, or distribute literature on school grounds are subject to regulatory action that is consistent with First Amendment public forum policy as defined by time, place, and manner of distribution restrictions. Additionally, material shown to have caused substantial interference with educational processes is not protected. Censorship based on content alone, however, is no longer seen as being compatible with the functions of the student press. (Author/FL)

This paper addresses the legal tension between a teacher's right to privacy and a school board's right to demand exemplary conduct by teachers in and out of school. The watershed case in the area of a teacher's right to a private life appears to be "Morrison v. Board of Education" (California 1969), which identified factors that a board may consider when determining whether a teacher's conduct indicates unfitness to teach. Authority for the proposition that teachers serve as role models for students is examined in part 1. Part 2 discusses the emergence of the "nexus issue," where school boards that terminate a teacher's contract for immoral conduct must show a connection between the teacher's conduct and a likely negative effect on the school ("substantial nexus"). Cases that illustrate the range of issues involved and the reasoning of various courts are discussed in parts 3 and 4. The cases involved sexual misconduct, moral turpitude, theft of school district funds/property, abuse of sick leave, and theft/burglary. Overall, the past 25 years have seen a general trend of judicial leniency toward the teaching profession. While the courts are extremely aware of the "special role" that teachers play in society, they nonetheless exhibit a growing tendency to balance societal interests with the private rights of a teacher. Virtually no behavior except criminal offenses and student/teacher sexual relationships constitute immorality per se. Since the "Morrison" decision, the courts evaluate each situation on a case-by-case basis. However, the current wave of privacy cases will probably not end controversy over the issue of teachers as role models. Two flow charts illustrate the legal analysis that most courts follow when examining these issues. (LMI)

Law professor Justin Driver talks about his book, "The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for America's Constitutional Rights" where he examines the rights of public school students.

As John Whitehead points out in this week's vodcast, the debate raging in school districts and courts across America right now over whether parents essentially forfeit their rights when they send their children to a public school takes on a whole new tone when it comes to what children should be exposed to in terms of sexual practices at school.

University of Chicago Law School professor Justin Driver talked about his book "The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind." Sponsor: Printers Row Lit Fest

University of Chicago Law School professor Justin Driver talked about his book "The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind." Sponsor: Printers Row Lit Fest

Perma.cc archive of https://books.google.com/books?id=DranDwAAQBAJ&printsec=frontcover&source=gbs_ViewAPI#v=onepage&q&f=false created on 2022-09-04 17:36:09.400777+00:00.

Perma.cc archive of https://books.google.com/books?id=DranDwAAQBAJ&printsec=frontcover&source=gbs_ViewAPI#v=onepage&q&f=false created on 2022-09-04 17:36:09.400777+00:00.