NSBA Legal Clips
Archived entries for freedom of speech

Federal appeals court upholds New Mexico district’s ban on student distribution of rubber doll fetuses

The U.S. Court of Appeals for the Tenth Circuit ruled that a New Mexico school district’s decision to ban students from distributing rubber doll fetuses on campus as part of the students’ anti-abortion activities did not violate the students’ First Amendment free speech or free exercise of religion rights, or their Fourteenth Amendment equal protection rights.

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Religious group sues Pennsylvania district for assessing fee to use school facilities for Bible club

The Patriot News reports that the Child Evangelism Fellowship of Dauphin County Inc. has filed suit in federal court against the Harrisburg School District, alleging that HSD’s demand for CEF to pay an annual rental fee of $1,200 to hold a Bible-based after-school program is not only excessive, but discriminatory.

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Federal appellate court finds no First Amendment violation for dismissal of public employee for political affiliation

A three-judge panel of the United States Court of Appeals for the Seventh Circuit has upheld the district court’s grant of summary judgment in favor of Calumet City, finding no First Amendment violation for the dismissal of Jay Embry, a public employee who claimed retaliation after backing the “wrong” candidate, because he held a policy-making position and could be removed from office solely for his political affiliation.

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Georgia state court dismisses charter campaign suit against school district and state school boards association

The Atlanta Journal-Constitution reports that Gwinnett County Superior Court Judge K. Dawson Jackson on Thursday denied an injunction request against Gwinnett County Public Schools and the Georgia School Boards Association, both of which had been accused of campaigning against the charter schools amendment on taxpayer time.

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U.S. Supreme Court rules First Amendment does not allow public sector union to require objecting nonmembers to pay special fee to finance union’s political activites

In a 7-2 decision, the U.S. Supreme Court reversed the decision of a panel of the U.S. Court of Appeals for the Ninth Circuit, and held that a California public sector union had violated the First Amendment when it imposed a special assessment on nonmembers to fund solely political activities without providing those members with the opportunity to opt out of paying the fee.

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ACLU warns Connecticut district that proposed employee social media policy is unconstitutional

The Hartford Courant reports that the American Civil Liberties Union of Connecticut has urged the Manchester school board to reject a proposed policy that would regulate professional and personal use of social media sites.

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