6 results for 'cat:"Civil Rights" AND cat:"Education" AND cat:"First Amendment"'.
J. Thacker finds that the lower court improperly denied the private school's motion to dismiss a student's civil rights suit. A student who suffered from sexual harassment and bullying sought to sue her private Christian school for violating Title IX of the Education Amendments of 1972. A tax exemption is not the same as receiving federal financial assistance, making the school not subject to Title IX. Reversed.
Court: 4th Circuit, Judge: Thacker, Filed On: March 27, 2024, Case #: 23-1453, Categories: civil Rights, education, first Amendment
J. Rudofsky rules against a school parent on first amendment retaliation claims after a school district restricted her visits to a school when audio was leaked from a Moms for Liberty group meeting, where she stated “If I was…any mental issues, they would all be plowed down with a freaking gun by now.” The parent has waived the merits of her case by not responding to the arguments for summary judgment on the claims.
Court: USDC Eastern District of Arkansas , Judge: Rudofsky, Filed On: February 28, 2024, Case #: 4:22cv677, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, first Amendment
J. Hartz finds that the lower court improperly dismissed civil rights claims against Oklahoma State University from a free speech advocacy group that sought to challenge new schoolwide policies that they claimed chilled free speech. The lower court tossed their suit on the grounds that the three student members they were representing decided to proceed in the case as anonymous persons, stating that the group lacked standing as a result. But the Supreme Court opinion they relied on to make those findings did not make anonymity an issue and there was "no hint, much less an emphatic statement," that the opinion in question was setting a precedent that anonymous persons could not have standing to bring claims such as this. Reversed.
Court: 10th Circuit, Judge: Hartz, Filed On: February 9, 2024, Case #: 23-6054, Categories: civil Rights, education, first Amendment
J. Marbley denies the nonprofit education group's motion for a preliminary injunction, ruling it is unlikely to prevail on its First Amendment claims against the school district and its anti-bullying policies because the "misgendering" policy that punishes students who refuse to call transgender classmates by preferred pronouns fits into a First Amendment exception used to prevent speech that gives rise to physical or psychological harm. Although students do not lose all First Amendment protections while at school, the policies in question are specifically designed to lessen harassment of transgender students who face four times the amount of bullying as their classmates and foster an environment in which all students can learn without interruption or harassment.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: July 28, 2023, Case #: 2:23cv1595, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, first Amendment
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J. Bernal finds in favor of the school district on the farm owner’s claim that the district violated his First Amendment rights when it stopped using the farm for student field trips in 2018 after the farm owner posted on Facebook that “black supremacy” was more concerning than “white supremacy.” The school board affirmed that there is not a district policy barring or discouraging field trips to the farm. Although the farm owner argues that there have been no field trips to his farm since 2018, he is unable to present evidence that this is so because of a district policy.
Court: USDC Central District of California, Judge: Bernal, Filed On: May 18, 2023, Case #: 5:18cv2185, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, first Amendment