First Amendment

Learn more about how the freedoms of speech, religion, and assembly play out in schools
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
•
6 min read
A person wears a "Let's Go Brandon" hat before Georgia Gov. Brian Kemp speaks during a Get Out the Vote Rally, on the eve of gubernatorial and other primaries in the state, on May 23, 2022, in Kennesaw, Ga.
A person wears a "Let's Go Brandon" hat before Georgia Gov. Brian Kemp speaks during a Get Out the Vote Rally, on the eve of gubernatorial and other primaries in the state, on May 23, 2022, in Kennesaw, Ga.
Brynn Anderson/AP
Law & Courts Their District Banned 'Let's Go Brandon!' Shirts. Now Students Are Suing
The Michigan students wore hoodies with the coded message critical of President Biden, which their district says is inappropriate for school.
Mark Walsh, May 2, 2023
•
8 min read
The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
The U.S. Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
Jacquelyn Martin/AP
Law & Courts U.S. Supreme Court Has Schools in Mind as It Weighs What 'True Threats' Are
The justices cite school and college scenarios as they consider when speech perceived as threatening may be punished.
Mark Walsh, April 19, 2023
•
6 min read
Image of a phone on the floor near the feat of a girl sitting on the floor.
iStock/Getty
Student Well-Being Districts Say Social Media Is Hurting Students' Mental Health. Now They're Suing
A growing number of school districts are filing lawsuits to hold social media companies accountable for teens' declining mental health.
Arianna Prothero, April 13, 2023
•
6 min read
Image of a speech bubble behind yellow tape, a censorship concept
Vanessa Solis/Education Week + iStock/Getty Images
Law & Courts Opinion A Student Journalist's Plea: Stop Censoring Us (and Our Advisers)
High school newspaper staff deserve the same rights as professionals: to uncover wrongdoings and inform the public.
Serena Liu, March 9, 2023
•
4 min read
Antique copy of On the Origin of Species by Charles Darwin, first published in 1859 it is considered to be the foundation of evolutionary biology
Duncan Walker/E+
Science Will Restrictions on Teaching 'Controversial' Issues Target Science Classes?
Proposals that target the teaching of evolution aren't new, experts say. But they're changing shape in the current political moment.
Sarah Schwartz, February 15, 2023
•
5 min read
Oklahoma Attorney General John O'Connor speaks during a bill signing ceremony for a bill making it a felony to perform an abortion, punishable by up to 10 years in prison, Tuesday, April 12, 2022, in Oklahoma City.
Then-Oklahoma Attorney General John M. O'Connor, shown last year in Oklahoma City, issued an advisory opinion last December that bolstered the prospects of charter schools sponsored by religious institutions.
Sue Ogrocki/AP
School Choice & Charters A Proposed Catholic Charter School Is New Test for Religion and Public Education
With a favorable state attorney general's opinion in hand, Catholic officials are set to ask for approval of the first religious charter.
Mark Walsh, February 9, 2023
•
10 min read
Illustration of a man on a ladder painting over a woman's speech bubble.
iStock/Getty Images Plus
School & District Management School Boards Are Limiting Public Comment. Will That Erode Trust?
School boards walk a fine line when they restrict public comment policies in a divisive political climate.
Evie Blad, January 18, 2023
•
7 min read
Image of a gavel
iStock/Getty
Law & Courts A Teacher Argued His MAGA Hat Was Protected Speech. Here's What a Federal Appeals Court Said
Did a principal violate a teacher's rights when she told him not to bring his Donald Trump-inspired hat to a racial-sensitivity training?
Mark Walsh, January 4, 2023
•
4 min read
Scales of justice and Gavel on wooden table and Lawyer or Judge working with agreement in Courtroom, Justice and Law concept.
Pattanaphong Khuankaew/iStock
Law & Courts Court Upholds Discipline of Students for Instagram Posts That Targeted Black Classmates
A unanimous federal appeals court panel said its ruling was consistent with the U.S. Supreme Court's 2021 decision on off-campus speech.
Mark Walsh, December 29, 2022
•
4 min read
Image of columns.
E+
Law & Courts The 8 Most Consequential Developments in Education Law in 2022
The list includes major decisions from the U.S. Supreme Court, a transition on the high court, and several lower court decisions.
Mark Walsh, December 22, 2022
•
6 min read
Image of a gavel.
Marilyn Nieves/E+
Law & Courts A Native Student Barred From Graduation Over a Sacred Feather: Why Her Lawsuit Was Revived
A panel of the U.S. Court of Appeals for the 9th Circuit said a district may have selectively enforced its policy on graduation decorations.
Mark Walsh, December 9, 2022
•
2 min read
Sabin Middle School student Marvionna J., center, works with classmates Marcus Q. and Aaron A. to identify evidence from the indentured servant letter.
Middle school student Marvionna J., center, works with classmates Marcus Q. and Aaron A. to identify evidence from an indentured servant letter in a 2018 social studies class at Sabin Middle School in Colorado Springs, Colo.
Nathan W. Armes for Education Week
Equity & Diversity Censoring Race and Racism Lessons Defies Best Practice and May Be Unlawful, Report Argues
A teachers' union and a lawyers' alliance marshal legal and pedagogical evidence for racially inclusive and culturally responsive teaching.
Eesha Pendharkar, September 29, 2022
•
7 min read
Image of a gavel
iStock/Getty
Law & Courts Appeals Court Revives Student's Free Speech Suit Over Antisemitic Social Media Post
The U.S. Court of Appeals for the 10th Circuit reinstated a case involving an off-campus post referring to the extermination of Jews.
Mark Walsh, July 8, 2022
•
3 min read
Load More ▼