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First Amendment Title IX 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 -
Roetzel & Andress

Federal Judge Temporarily Prevents New Title IX Regulations From Taking Effect in Ohio

Roetzel & Andress on

On June 17, 2024, a United States District Court judge in Kentucky issued a preliminary injunction preventing the 2024 Title IX regulations from going into effect in several states, including Ohio. The 2024 regulations are...more

Adams and Reese LLP

2024 Title IX Final Rule Enjoined in Louisiana, Mississippi, Montana, and Idaho

Adams and Reese LLP on

Last Thursday, a United States District Court in Louisiana enjoined implementation of the amended Title IX regulations (2024 Final Rule), the first decision in one of several cases challenging the 2024 Final Rule. The new...more

Spilman Thomas & Battle, PLLC

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

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

Fisher Phillips

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

Fisher Phillips on

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

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

Bricker Graydon LLP

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

Bricker Graydon LLP on

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

Maynard Nexsen

October 2020 Fourth Circuit Torts and Insurance Cases of Interest

Maynard Nexsen on

Marc Manos, of the TIPS Council, monitors the Fourth Circuit Advance sheets and selects cases that might be of interest to tort or insurance practitioners. Below are short summaries of the cases selected from October of...more

TNG Consulting

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

TNG Consulting on

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

Saul Ewing LLP on

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

Steptoe & Johnson PLLC

Department of Education Final Rule Covers Four Key Areas

Steptoe & Johnson PLLC on

The U.S. Department of Education has issued a final rule ("Final Rule") meant to clarify policies regarding freedom of speech, academic freedom, and Title IX exemptions. The Final Rule does four things: 1....more

Franczek P.C.

Proposed Regulations Would Ease Access to Public Funds for Faith-Based Colleges

Franczek P.C. on

The White House recently announced two initiatives aimed at addressing perceived discrimination in education against students and institutions based on religion. We address the first of those initiatives, relating to prayer...more

Seyfarth Shaw LLP

Fifth Circuit Holds the TCPA Does Not Apply to Federal Court Diversity Cases

Seyfarth Shaw LLP on

On August 23, 2019, the United States Court of Appeals for the Fifth Circuit issued its long-awaited opinion in Klocke v. Watson, 17-11320, 2019 WL 3977545, at *1 (5th Cir. Aug. 23, 2019), holding that the Texas Citizens...more

Seyfarth Shaw LLP

Tenth Circuit Leaves Unresolved When Off-Campus Social Media Posts Can Subject Students to Discipline

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Yeasin v. Durham, No. 16-3367, 2018 WL 300553 (10th Cir. Jan. 5, 2018), addresses the “tension between some students’ free-speech rights...more

Akin Gump Strauss Hauer & Feld LLP

Department of Education Sued in Connection with Recently Issued Q&A on Campus Sexual Misconduct

• An equal rights group and three individual plaintiffs have filed a civil suit in U.S. District Court in Boston against the Department of Education (ED) and Secretary of Education Betsy DeVos. The complaint alleges that the...more

Dickinson Wright

Education Newsletter Volume 1, Number 1: Arizona Senator Introduces Bill to Expand the Rights of Student Speech

Dickinson Wright on

This session, Arizona Senate Majority Leader Kimberly Yee (R-Phoenix) introduced Senate Bill 1384 to expand the rights of student journalists. If passed would grant both high school and college level student journalists the...more

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