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Author: Justin Driver Publisher: Pantheon ISBN: 1101871660 Category : Law Languages : en Pages : 544
Book Description
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
Author: Justin Driver Publisher: Pantheon ISBN: 1101871660 Category : Law Languages : en Pages : 544
Book Description
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
Author: Nancy C. Patterson Publisher: IAP ISBN: 1648027261 Category : Education Languages : en Pages : 237
Book Description
The objective of this edited volume is to shed light upon K-12 perspectives of various school stakeholders in the current unique context of increasing political polarization and heightened teacher and student activism. It is grounded in academic freedom case law and the majority of opinion of the Supreme Court in the Tinker v. Des Moines Independent Community School District (1969) that held that certain forms of expression are protected by the First Amendment. Justice Fortas wrote in the majority opinion that “it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” This volume is timely and instructive, as protections afforded by the First Amendment are a topic of enduring concern, with such freedoms requiring vigilant advocacy and protection from each generation. Paulo Freire stated, “Citizenship is not obtained by chance: It is a construction that, never finished, demands we fight for it” (1998, p. 90). There is confusion and much debate in and outside of schools about how and when these and other rights described in the First Amendment may or may not be limited, and the time is now to clarify the place of such rights in public education. At the Schoolhouse Gate is divided into three sections: Foundations, Case Studies of Rights in Schools, and Choices to Act. The “Foundations” section presents the case law pertaining to the rights of both teachers and students, setting the tone for what presently is permissible and chronicling the ongoing struggle with defining rights and responsibilities in schools. In “Case Studies of Rights in Schools,” various authors examine teacher and student interactions with rights and responsibilities in schools, including the interest of students in participating with their teachers in the democratic experiment of schooling, the promise of student-led conferences, a new teacher’s success with democratizing her classroom, and student views of news and technology. “Choices to Act” includes a portrait of teacher activism during the Oklahoma Walkout, a general counsel’s advice to teachers for availing themselves of their rights, a story of a civic education curriculum generating student agency, and vignettes of two public high school students who took action in their schools and communities.
Author: Gloria Pipkin Publisher: Heinemann ISBN: Category : Education Languages : en Pages : 235
Book Description
"It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
Author: Stephen V. Newton Publisher: Rowman & Littlefield ISBN: 1475843798 Category : Education Languages : en Pages : 148
Book Description
This book assists preservice teachers in building their own capacity to transition effectively into a professional school environment. Filled with practical advice and insights, it will show novice teachers how to maximize their preservice teaching time in a way that leverages them for success in the classroom.
Author: Oluwole, Joseph O. Publisher: IGI Global ISBN: 146669520X Category : Political Science Languages : en Pages : 623
Book Description
While freedom of speech is a defining characteristic of the United States, the First Amendment right is often regulated within certain environments. For years, schools have attempted to monitor and regulate student communication both within the educational environment and in student use of social media and other online communication tools. Censorship and Student Communication in Online and Offline Settings is a comprehensive reference source that addresses the issues surrounding student’s right to free speech in on and off-campus settings. Featuring relevant coverage on the implications of digital media as well as constitutional and legal considerations, this publication is an essential resource for school administrators, educators, students, and policymakers interested in uncovering the reasons behind student censorship and the challenges associated with the regulation of students’ free speech.
Author: William A. Babcock Publisher: SAGE Publications ISBN: 1483346536 Category : Reference Languages : en Pages : 965
Book Description
The SAGE Guide to Key Issues in Mass Media Ethics and Law is an authoritative and rigorous two-volume, issues-based reference set that surveys varied views on many of the most contentious issues involving mass media ethics and the law. Divided into six thematic sections covering information from contrasting ethical responsibly and legal rights for both speech and press, newsgathering and access, and privacy to libelous reporting, business considerations, and changing rules with social media and the Internet, the information in this guide is extremely relevant to a variety of audiences. This guide specifically focuses on matters that are likely to be regular front-page headlines concerning topics such as technological threats to privacy, sensationalism in media coverage of high-profile trials, cameras in the courtroom, use of confidential sources, national security concerns and the press, digital duplication and deception, rights of celebrities, plagiarism, and more. Collectively, this guide assesses key contentious issues and legal precedents, noting current ethical and legal trends and likely future directions. Features: Six thematic sections consist of approximately a dozen chapters each written by eminent scholars and practitioners active in the field. Sections open with a general Introduction by the volume editors and conclude with a wrap-up “Outlook” section to highlight likely future trends. Chapters follow a common organizational outline of a brief overview of the issue at hand, historical background and precedent, and presentation of various perspectives (pro, con, mixed) to the issue. “See also” cross references guide readers to related chapters and references and further readings guide users to more in-depth resources for follow-up. This reference guide is an excellent source for the general public, students, and researchers who are interested in expanding their knowledge in mass media and the ethics and law surrounding it.
Author: Jill Barton Publisher: Aspen Publishing ISBN: 1454892617 Category : Law Languages : en Pages : 253
Book Description
This textbook offers concise guidance on how to become a successful judicial writer using common judicial documents, including bench memos, trial court orders, jury instructions, appellate opinions, dissents, and concurrences. So Ordered explains how to conceive, express, and revise each of the principal parts of these documents, from the case caption and introduction to the legal analysis and conclusion. Handpicked, annotated examples from the nation’s best judicial writers will inspire students to develop successful legal writing strategies and craft well-polished documents. A straightforward, accessible textbook that shows—rather than tells—students how to approach their writing assignments with care, So Ordered instills valuable lessons on lawyering that students can draw on throughout their careers.
Author: Anne Proffitt Dupre Publisher: Harvard University Press ISBN: 0674046307 Category : Education Languages : en Pages : 302
Book Description
Just how much freedom of speech should high school students have? Does giving children and adolescents a far-reaching right of expression, without joining it to responsibility, ultimately result in an asylum that is run by its inmates? Since the late 1960s, the United States Supreme Court has struggled to clarify the contours of constitutionally guaranteed freedom of speech rights for students. But as this thought-provoking book contends, these court opinions have pitted studentsÑand their litigious parentsÑagainst schools while undermining the schoolsÕ necessary disciplinary authority. In a clear and lively style, sprinkled with wry humor, Anne Proffitt Dupre examines the way courts have wrestled with student expression in school. These fascinating cases deal with political protest, speech codes, student newspapers, book banning in school libraries, and the long-standing struggle over school prayer. Dupre also devotes an entire chapter to teacher speech rights. In the final chapter on the 2007 ÒBong Hits 4 JesusÓ case, she asks what many people probably wondered: when the Supreme Court gave teenagers the right to wear black armbands in school to protest the Vietnam War, just how far does this right go? Did the Court also give students who just wanted to provoke their principal the right to post signs advocating drug use? Each chapter is full of insight into famous decisions and the inner workings of the courts. Speaking Up offers eye-opening history for students, teachers, lawyers, and parents seeking to understand how the law attempts to balance order and freedom in schools.
Author: Justin Driver
Author: Justin Driver
Author: Nancy C. Patterson
Author: Robert Wheeler Lane
Author: Gloria Pipkin
Author: Stephen V. Newton
Author: Oluwole, Joseph O.
Author: William A. Babcock
Author: Jill Barton
Author: Anne Proffitt Dupre
Author: 