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Commentary and Analysis

Iowa Legislature Joins Chorus of States Introducing Bills that Intrude On Academic Freedom and Free Speech

Iowa has joined the growing list of states where the legislature has introduced a bill mandating what can and cannot be taught in its public schools, in clear opposition to the First Amendment.

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Scales of Justice

Federal Appeals Court Panel Upholds Virginia Sign Restrictions Near Highways

Virginia law that prohibits signage “within the limits of any highway” does not violate the First Amendment, a federal appeals court has ruled. The appeals court also rejected a vagueness challenge to the Virginia scheme, even though there is no express distance listed in the law regarding how close is “within the limits.”  

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Appeals Court Reverses Conviction of Man Who Uttered Noxious Racial Slur

A retired Air Force Lieutenant Colonel who used the most noxious racial slur at an exchange while shopping had his abusive language conviction reversed by a federal appeals court. The appeals court determined that the conviction could not stand because the government failed to show evidence that the words led to an immediate violent reaction by others.  

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College Campus

Troubling State Bills in Rhode Island, New Hampshire Take Aim at Teaching “Divisive Concepts”

Recently introduced legislation in Rhode Island and New Hampshire continues the trend of state legislatures taking aim at the teaching of “divisive concepts” about race and gender in higher education. The bills, like their counterparts in other states, are deeply flawed and pose a threat to free speech and academic freedom.

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Students of All Ages Should Not Lose First Amendment Rights at School

Two elementary school students in Ardmore, Oklahoma were pulled from their public school classrooms for wearing “Black Lives Matters” t-shirts,” reports The New York Times. Such action likely violates the First Amendment, including the U.S. Supreme Court’s landmark decision protecting student-initiated expression in the public schools—Tinker v. Des Moines Independent School District (1969).  

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Scale of justice

Idaho Legislature Continues to Threaten Free Speech, Academic Freedom at State’s Public Universities

Controversy at the state legislative level in Idaho, regarding what may or may not be taught at the state’s public universities, presents an ongoing threat to free speech and academic freedom. It is also one of many recent instances nationwide where state legislatures have intruded upon institutional academic freedom as well as the individual rights of faculty members. 

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Justice Gorsuch Questions the Reduction of Parental Control in Cheerleader Case

A key argument advanced in Mahanoy Area School District v. B.L. over the frustrated cheerleader kicked off her squad for an off-campus social media post concerns that of parental rights. Brandi Levy vented her frustration at not making the varsity squad with a string of “f-bombs”on Snapchat. She made her now infamous post on a Saturday outside a convenience store with a friend.  

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Scales of Justice

Can a Public Body Censure Its Members Without Raising First Amendment Concerns?

A public body censures one of its members who had been criticizing the body, filing lawsuits against the body, and accusing the body of not complying with state law.  The public body then censures the member. The member claims that the censure was a retaliatory act against his critical speech. This scenario forms the basis of the case, Houston Community College System v. Wilson, that the Supreme Court will review this term. 

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