The Interplay Between First Amendment and Education Law: A CLE

Education Law Section

 By Benita N. Jones

Interested in how the First Amendment impacts schools and universities?  Register for the upcoming NCBA Education Law Section CLE and Annual Meeting.

First Amendment issues are near the top of the list of legal issues that education attorneys address on a daily basis. As our school and university clients navigate legal questions raised by new technologies, viral forms of expression, and impassioned political discourse, it is essential that education attorneys understand the parameters of the First Amendment. I invite you to discuss these topics with your colleagues at the 2017 Education Law Section CLE and Annual Meeting on Friday, April 21, at the NC Bar Center in Cary.

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Academic Freedom In Interesting Times

Education Law Section

By William Joseph Austin Jr.

This article is posted in anticipation of the 2017 Education Law Section Annual Meeting and CLE scheduled for April 21 at the N.C. Bar Center.  The theme of the program is freedom of speech in educational institutions.

A 50th anniversary came and went this past fall without fanfare or commemoration.  But for several weeks in October and November of 1966, Andrew Marvell’s poem, “To His Coy Mistress,” written circa 1650’s, was a “national sensation.”[1]  On Oct. 17, 1966, the television station WRAL reported that a UNC English instructor had assigned his students to write a paper on seduction using this 17th-century poem.[2]  Subsequent investigation by a departmental committee determined in November that the instructor, Michael Paull, had not given the students that assignment, but asked them to use the poem to explain imagery and six figures of poetic speech.[3]

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Trump’s Executive Order on Immigration: What You Need to Know

By Douglas B. Thie

In the week after his inauguration, President Donald Trump signed three executive orders that will significantly affect non-U.S. citizens both immediately and in the coming months. Most recently, he signed an executive order titled Protecting the Nation from Foreign Terrorist Entry into the United States. This order contains two important provisions that affect non-U.S. citizen students and academic professionals, which are discussed in detail below.

First, the order suspends the issuance of visas and other immigration benefits to nationals of seven countries. These countries include Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. Second, the order prohibits the entry of nonimmigrant visa holders from these seven countries to the United States for 90 days and cancels their visas. Ninety days from the date of the order is April 27, 2017. There is no guarantee that either of these provisions will not be extended past the 90 day period.

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New Year, New Blog

By Benita N. Jones

Happy New Year!  As 2017 gets into full swing, change is all around us — a new president has taken office in Washington, a new governor has taken office in Raleigh, and with both come new elected officials, new appointments, new agendas, and new policy directions. In the midst of these changes, there is certainty that the next few months will bring new developments in the area of education law at the state and federal levels.

Our blog is an effort to keep our section members abreast of education law developments in a timely manner. I would like to extend my sincere gratitude to Stephen Moore and Erin Edgar, co-chairs of the Newsletter and Homepage Committee, for working to transition the section from the newsletter to the blog format. If you would like to contribute a post to the blog, please do not hesitate to contact Stephen, Erin, or me. Blog posts can be short legal updates or “thought pieces” that section members desire to share with their colleagues and fellow education law practitioners. Our goal is to have a new blog post every three weeks.

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