By: Andrew Coyle, Staff Member, Vol. 19 Teachers as “Ministers” In its recent opinion in Our Lady of Guadalupe School v. Morrisey-Berru, the U.S. Supreme Court changed the “ministerial exception” of the religion clauses of the First Amendment. The ministerial exception is a judge-made doctrine that a religious organization can use to bar a … Continue reading A Teacher, A Minister: What’s the Difference? (Quite a Lot, Actually)
Tag: Schools
“Play[ing] In the Joints” of the First Amendment: Application of Montana Constitution’s “No Aid” Provision Violates Free Exercise Clause
By: Kristopher L. Caudle* The First Amendment to the United States Constitution provides two fundamental guarantees for all citizens: The government shall not establish an official religion; and the government shall not infringe upon a citizen’s right to freely exercise their chosen religion. However, the Supreme Court continues to recognize areas where there is ample … Continue reading “Play[ing] In the Joints” of the First Amendment: Application of Montana Constitution’s “No Aid” Provision Violates Free Exercise Clause
NEWSFLASH! 12/29-1/12
After a long and deserved winter break, the First Amendment Law Review staff is back to work! We look forward to bringing you new issues and blog posts this semester! Here are some First Amendment headlines made since the beginning of the New Year: The United States Supreme Court is poised to hear a case … Continue reading NEWSFLASH! 12/29-1/12
Breaking Overnight News! Silent Sam Topples in the Wake of UNC Protesters
School is back in session, but not without controversy. As the 2017-2018 school year ended and summer began the protests surrounding the controversial Confederate monument, Silent Sam died down. Last night on the eve of the 2018-2019 school year Silent Sam came crashing down. Chancellor Carol L. Folt released a statement that "Last night's actions were unlawful … Continue reading Breaking Overnight News! Silent Sam Topples in the Wake of UNC Protesters
The Future of Cyberbullying Legislation in North Carolina
By Hanna Fox; Staff Member (Vol. 15) Young people have an unprecedented access to technology, which grants them abundant access to the world around them, as well as to one another constantly. Technology’s increased prevalence is relevant in children’s education, entertainment, and social interactions. Though children experience many benefits from the increased use of technology, that … Continue reading The Future of Cyberbullying Legislation in North Carolina
The Teacher Followed Me Home: Bell and a School’s Control of Student Speech Outside the Classroom
By Kirstin Vinal; Staff Member (Vol. 15) Where does a student’s speech stop being under control of their school? Could it be when they are 500 feet away from school property? Or when they are home? In 2015, the Fifth Circuit Court of Appeals ruled in Bell v. Itawamba County School Board that speech outside of … Continue reading The Teacher Followed Me Home: Bell and a School’s Control of Student Speech Outside the Classroom