Courts and Law

Cheerleader stands in front of Mahanoy Area High School

Supreme Court Hears Argument in Student Speech Case

“f— school f— softball f— cheer f— everything,” a junior-varsity cheerleader said on Snapchat
In this image from video, former Minneapolis police Officer Derek Chauvin, center, is taken into custody as his attorney, Eric Nelson, left, looks on, after the verdicts were read at Chauvin's trial for the 2020 death of George Floyd, Tuesday, April 20, 2021, at the Hennepin County Courthouse in Minneapolis, Minn.

The Tarnished Shield of Qualified Immunity

Cases involving teachers, principals, and school board members have been central to the evolution of a legal doctrine that also often protects abusive police from financial liability.
A protester holds an “END QUALIFIED IMMUNITY” sign during a Black Lives Matter protest in Brooklyn, New York, on July 4, 2020.

Schooling Qualified Immunity

Should educators be shielded from civil liability for violating students’ rights?
Representative Lauren Boebert’s Zoom background

What Teachers Spy in Homes over Zoom Winds Up in Court

Visible guns, Trump banners get students in trouble
Student holds a sign outside a news conference that reads "LAUSD: My children deserve a better education WE WANT EQUALITY"

As Unions and Public Officials Push to Keep Schools Closed, Parents Fight Back

Lawsuits on behalf of special needs students, private school parents have greatest chance of success
Montana resident Kendra Espinoza poses in front of the white-marble court building with her daughters Naomi (right) and Sarah (left) in Washington, D.C., on January 19, 2020.

A Landmark Ruling for Religious Schools

The future implications of Espinoza v. Montana Department of Revenue

Justice Alito’s Brief Retelling of Blaine Amendment History

"Bigoted code language" and the claim that "popery is the natural enemy of general education."

A Short-Lived Constitutional Right to Education

Full Sixth Circuit will rehear case of Gary B v. Whitmer
Supreme Court

EdNext Podcast: Supreme Court Hears Oral Arguments in Espinoza v. Montana

Joshua Dunn, a professor of political science at the University of Colorado Colorado Springs, joins Education Next Editor-in-chief Marty West to discuss the Supreme Court case Espinoza v. Montana Department of Revenue, which challenges Montana’s ban on tax-credit scholarships to religious schools.

The Education Exchange: School Choice and Blaine Amendments in Montana

Richard Komer, a former Senior Litigation Attorney at the Institute for Justice, joins Paul E. Peterson to discuss Espinoza v. Montana Department of Revenue, a case which could declare the Blaine Amendments in 38 state constitutions unconstitutional.

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