Critical Race Theory in Arkansas Schools: What School Boards Can Expect Next Academic Year
July 26, 2021
by Devin R. Bates
Recently, state legislatures all over the country have proposed or passed state laws seeking to ban the teaching of Critical Race Theory (CRT) in public school classrooms, sparking legal challenges and public outcry on both sides of the issue. One recent count shows that 26 states have attempted…
Supreme Court Protects Off-Campus Speech of Public School Student
June 25, 2021
by Devin R. Bates
The U.S. Supreme Court ruled on June 23, 2021 that a public high school student’s off-campus social media postings in which she used vulgar language and disparaged school programs constituted protected speech under the First Amendment. This decision signals the Court’s willingness to protect…
NCAA Student-Athletes May Receive Increased Education-Related Compensation under New Supreme Court Ruling
On June 21, 2021, the U.S. Supreme Court issued a highly anticipated opinion holding unanimously that the National Collegiate Athletic Association (the “NCAA”) may not withhold modest payments to student athletes related to education expenses. This holding, though narrowly tailored to the…
Distinguishing Between Bullying and Protected First Amendment Speech: Arkansas Specific Laws
September 17, 2020
by Devin R. Bates
Earlier this week, the Mitchell Williams education law blog reported on a school that recently was found to have run afoul of the First Amendment when they suspended a student for bullying. First Amendment issues in the school context are frequently litigated around the country, and staying on top…
Distinguishing Between Bullying and Protected First Amendment Speech: Lessons Learned from One School's Constitutional Blunder Over Anonymous Sticky Notes
September 15, 2020
by Devin R. Bates
Schools sometimes find themselves needing to walk a fine but complicated line, whereby they curtail bullying but also balance the right to free speech. One recent case illustrates this point. A high school sophomore anonymously posted a sticky note on a bathroom mirror referencing her school’s…