Topic
Student Speech
98 published works
Wait A Second!
Long Island Native American mascot dispute is revived on appeal
By secondcircuitcivilrightsblogsecondcircuitcivilrig
You may not be aware of this, but a culture war has been brewing on Long Island in recent years over the use of mascots featuring Native American imagery. The…
Religion Clause
Cert. Denied In School’s Discipline of Pro-Life Student Group
The Supreme Court yesterday denied review in E.D. v. Noblesville School District, (Docket No. 25-906, certiorari denied 6/15/2026). At issue in the case is a high school's refusal to permit a student…
The Southern District of Florida Blog
First Amendment and UF
By davidoscarmarkussdfla-blogspot-com
Really interesting First Amendment order out of the 11th Circuit involving a UF law student and some really horrible speech. 2-1 in favor of UF. Branch write the opinion, Lagoa…
School Law
Second Circuit Finds School District Was Not Justified in Disciplining Student for Off-Campus Social Media Post
By Dori Pagé Antonetti, Jessica Richman Smith
Connecticut school administrators often grapple with whether to discipline students for speech that occurs off school grounds and outside a school-sponsored activity (“off-campus speech”). Under Connecticut law, students may be…
Simple Justice
Concurrence At The Schoolhouse Gates
A senior at Livingston Manor High School posted a picture of himself lying on the ground next to a car with another student kneeling on his neck, giving the thumbs…
Sixth Circuit Appellate Blog
School may prohibit “Let’s Go Brandon” sweatshirt, Sixth Circuit holds
“Let’s Go Brandon” was the message on the sweatshirts two siblings wore to middle school. Everyone knows what that phrase means – including their teachers, so the school required the…
School Law
CAS Legal Mailbag – 5/29/25
Originally appeared in the CAS Weekly Newsletter Dear Legal Mailbag: As the principal of a middle school, I am familiar with the challenges posed by some of the T-shirts that students…
Simple Justice
Buddy System Gone Awry In Encinitas
As Eugene Volokh explains, it may violate the First Amendment. But why, one has to wonder, would the Encinitas Union School District believe treading along, and over, the line of…
Simple Justice
6th Cir. En Banc Vacates School Pronoun Decision
The original opinion, by Judge Jane Stranch, joined by Judge Stephanie Davis, with Judge Alice Batchelder dissenting, has now been vacated and will be reheard, en banc. At Volokh Conspiracy,…
Gender and the Law Prof Blog
William Carter on “Trans Talk and the First Amendment”
By Jamie Abrams
William M. Carter has posted Trans Talk and the First Amendment on SSRN. The abstract is excerpted below: The rights of transgender youth and their families have increasingly come under attack.…