first amendment

Constitutional and Policy Considerations for Library Book Bans

We have received a number of inquiries regarding the proposed policy changes required by PA 103-100, which limits the abilities of libraries, including school libraries, to ban, limit, or remove books based on partisan or doctrinal grounds.  While the statute became effective on January 1, 2024, it is important to note that there are also longstanding constitutional considerations when schools s

Ninth Circuit Affirmed Summary Judgment for School District in Challenge to Student Expulsion on First Amendment Grounds

In Chen v. Albany School District, the 9th Circuit affirmed the District Court’s decision, rejecting First Amendment free speech claims of students against the school and school officials after students were disciplined for what they alleged to be private, off-campus, social media posts.