Some interesting first amendment issues have arisen lately.

Two middle schoolers have filed a free-speech lawsuit against a Pennsylvania school district that suspended them for wearing the popular "I (heart) boobies!" bracelets. One, Girls sue Pa. school over 'boobies'-bracelet ban [AP / First Amendment Center, 11/17/10] has prompted this response from David L. Hudson of the First Amendment Center [11/22/10. He argues that school officials can't ban 'booby' bracelets simply because they don't like them or fear some students might be uncomfortable.

Another issue which has been litigated a lot, and usually appears closer to high school graduation time:

Ban on Graduation Speech Mentioning 'God' Ruled Unconstitutional  [AP / EdWeek / First Amendment Center, 11/19/10]: A Butte (Montana) High School valedictorian was unconstitutionally banned from speaking at her graduation because she refused to remove the words "God" and "Christ" from her speech, the Montana Supreme Court ruled. This story also appears in The First Amendment Center.
The case is Griffith v. Butte School District No. 1 et al.


Some other recent articles of note:


Norton: Anniversary approaches for a revolutionary, imperfect disabilities law [Thoughts on Public Education—TOPED, 11/22/10]: On November 29, teachers, parents, and students will quietly mark a huge milestone: the 35th anniversary of the passage of Public Law 94-142. Called the Education for All Handicapped Children Act when it was passed in 1975, it is now known as the Individuals with Disabilities in Education Act (IDEA).

Washington Supreme Court: State Law Barred Teacher Sex With 18-Year-Old [School Law Blog, 11/18/10]: Washington state's highest court ruled on Thursday that sex between a high school teacher and an 18-year-old student meets a state law's definition of educator sexual misconduct with a minor. The case is Washington v. Hirschfelder.
Oakland teachers vote in small numbers to authorize a strike [Oakland Tribune, 11/17/10]: Oakland teachers on Tuesday evening authorized its union leadership to call a strike, although less than 15 percent of the membership voted and leaders said a strike is not imminent.

Cal. Court of Appeal: Boys Can’t Sue District [Santa Clarita Valley Signal, 11/15/10]: A student who said he was sexually molested in 2007 by a former Golden Valley High School guidance counselor is not able to sue the William S. Hart Union High School District for negligence, a California appeals court ruled earlier this month. The Second District Court of Appeals ruled 2-1 that the boy could not seek damages from the school district because the alleged molestation was outside of the scope of work the counselor, Roselyn Hubbell, was hired to perform. The lawsuit claims that school district officials knew before hiring Hubbell that she had sexually molested children, but it did nothing to protect students from her. The boy’s attorney said he plans to file a petition in December to request that the California Supreme Court rule on the case. The court decision is C.A. v. William S. Hart Union High School District.
See my post below, dated 11/13/10, from the initial story dated 11/5/10, regarding the decision.