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First Amendment › Colleges › Free Speech

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Fisher Phillips

Handling Campus Protests: Key Points for Colleges and Universities to Consider and 7 Tips for Your Protest Policy

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As protests erupt across college campuses, educational institutions are grappling with how to handle escalating situations and balance important interests like free speech and student safety. Colleges and universities are...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 3, March 2024

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Welcome to the third issue of The Academic Advisor for 2024. In this edition, we examine the following topics of import for schools, institutions of higher education, and other education-focused organizations: -...more

Spilman Thomas & Battle, PLLC

Texas Students' Petition for Emergency First Amendment Ruling

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Campuses across the country have ongoing debates regarding many different aspects of free speech. At the heart of these debates is whether efforts to confront bias on campuses intimidate students who want to speak their mind....more

Sands Anderson PC

Protecting Protests on Private Campuses

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After criticism of her testimony before Congress on antisemitism on college campuses, the President of the University of Pennsylvania, Liz Magill, resigned. And, at Pomona College, authorities arrested a professor who...more

Pollock Cohen LLP

What I Wish I Knew Then: Nadine Strossen

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In "What I Wish I Knew Then" (New York Law Journal, March 22, 2024), Nadine Strossen, former President of the ALCU and Professor Emerita of Constitutional Law at New York Law School, dives into issues of particular interest...more

Alston & Bird

Lessons Higher Education Can Learn from Recent First Amendment Litigation

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Our Education Team parses a pair of First Amendment cases that directly affect colleges’ and universities’ free speech policies for employees and students....more

Fisher Phillips

Calm Waters Run Deep: 10 Action Items to Help Your School Face the Rising Tide of Political Discourse

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Yes, we are still talking about this. Despite facing what feels like a rising tide of political discourse in our communities for years, we continue to hear concerns about how schools can balance fostering academic freedom,...more

Spilman Thomas & Battle, PLLC

Protestors, the First Amendment, and Higher Education - The Line Between Free Speech and School Interests

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Protests on college campuses are a common occurrence and often provide opportunities for students and other members of the community to express their opinions and concerns. It is essential for colleges and universities to...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 9, November 2023

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The Accreditation Overhaul for North Carolina (and Florida) Colleges - Last month, North Carolina Governor Roy Cooper signed House Bill 8 (HB 8) into law. In addition to establishing a new computer science requirement for...more

Bricker Graydon LLP

[Webinar] DEI, Free Speech and Academic Freedom (Higher Education Series) - February 7th, 12:00 pm - 1:00 pm EST

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The limits of First Amendment protections and principles of academic freedom in higher education institutions seem to be shifting. What are the DEI-related trends on campus? How are lower courts handling First Amendment and...more

Cohen Seglias Pallas Greenhall & Furman PC

What do I do if my freedom of speech is violated at my university?

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College campuses have traditionally been considered bastions of free speech, where students can express their views and engage in robust discussions without fear of censorship or retaliation....more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 4, April 2023

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ChatGPT’s Impact on Education and Student Data Privacy - Data privacy professionals have characterized the data privacy risks associated with ChatGPT as a “nightmare.” In order to function, open artificial intelligence...more

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 2, 2022

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Welcome to our second edition of The Academic Advisor - our e-newsletter focused on education law insights. We hope you enjoyed our first issue and found it helpful. Our aim is to support the work that you do by bringing...more

Bond Schoeneck & King PLLC

General Counsel's Corner: Student Social Media and Free Speech on Campus

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Free speech on campus—and off—has become a flashpoint for U.S. colleges and universities. Students’ ability to post their comments and concerns online, to forward messages to others for whom they may not have been intended,...more

Nossaman LLP

U.S. Supreme Court Upholds Power of Elected Boards to Censure Their Own Members

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After years of recriminations and acrimony between members of the Board of Trustees for the Houston Community College System (“System”), the Board censured one of its members for “reprehensible” conduct–including speech–“not...more

Bond Schoeneck & King PLLC

General Counsel's Corner: Bias Response Teams - No Easy Answers

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Over the past decade, bias response teams have proliferated on college campuses. A survey conducted in 2016 concluded that bias response teams (BRT) existed on “at least 231 campuses” across the United States. Motivated by...more

Jaburg Wilk

The First Amendment Protects Only Some Arizona Students

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Many students are generally familiar with the First Amendment of the Constitution, but they often overlook that it only confers the right “to petition the Government for a redress of such grievances.” As a result, only...more

Fisher Phillips

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

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Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

Steptoe & Johnson PLLC

Key Court Decisions Address Issues Concerning the Application of Title IX

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Professor’s Classroom Speech Deemed Protected - In a case involving questions regarding the application of Title IX to classroom instruction, the Sixth Circuit Court of Appeals reasoned that a university’s gender-identity...more

TNG Consulting

Crossing the Line: The Challenges of Addressing University Faculty Free Speech

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Political speech in the United States is generally unfettered, with historically strong legal protections. Contrast that with the broader limitations that public colleges and universities may place on the expression of...more

TNG Consulting

Navigating the Intersection of Free Speech and University Bias Response Teams

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College and university campuses have been important incubators for how social justice awareness, ideas, and differing viewpoints are manifest. Over the last decade, institutions have been challenged to be more aware and...more

TNG Consulting

The First Amendment & Employer Regulation of Employee Speech

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The nuances of what is considered public speech versus private speech, as well as the concept of “touching on a matter of public concern” can be complex to understand and even more complex for administrators to apply....more

Bricker Graydon LLP

[Webinar] Things to Remember Before the End of 2020 (Higher Education) - December 1st, 12:00 pm - 12:45 pm EST

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CARES Act, Executive Orders, and the Impact of a New Administration on Department of Education Rules and Guidance - Join Bricker higher education attorneys for a post-Thanksgiving webinar, where we will discuss the...more

TNG Consulting

Can an Online Threat Trigger the Need for An Emergency Removal Under Title IX?

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It’s unlikely that online threats could be immediate threats to physical health or safety, unless the threatening individual is in close physical proximity to those being threatened, or the threat is pretty detailed and...more

Saul Ewing LLP

Education Department Issues Final Rule Focusing on Free Speech on Campus and Equal Treatment of Faith-Based Institutions

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On September 9, 2020, after receiving more than 17,000 public comments to its notice of proposed rulemaking (the “NPRM”), the United States Department of Education (the “Department”) published the Religious Liberty and Free...more

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