Chalk and Gavel

35 | Explicit Monologues and Compelled Speech


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Do students have First Amendment rights to avoid potentially controversial school assignments and activities? When does a school assignment cross the line between legitimate educational activity and being inappropriate? Today’s case is about a Las Vegas high school drama teacher who “rolled the dice” and asked students to write a monologue and have it performed in front of the class. But here's the twist, the teacher asked students to randomly pick another student’s monologue to perform, and as it turned out, one of those monologues was sexually explicit. Feeling compelled to complete the required activity, one student read that monologue, and things “flopped” from there. This is the 2024 case of Evans v Hawes. At the heart of this case is the question of whether or not students have a First Amendment right to avoid classroom activities based on their disagreement with the content. It's a fascinating case with a significant legal question. It sounds perfect for a Chalk & Gavel episode! We also discuss another recent selective admissions case out of Boston that is challenging a school's pursuit of diversity in its admissions process.


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Need some education law content for your courses or professional development? We have a Teaching Guide! You can check it out at our website, ⁠ChalkandGavel.com⁠.


We'd also greatly appreciate it if you would consider supporting Chalk and Gavel by becoming a subscriber on Patreon. Your support will help us continue to deliver the education law content you want to hear! ⁠⁠https://www.patreon.com/chalkandgavel⁠


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Keywords: First Amendment, Free Speech, Compelled Speech, School Assignments, Assault and Battery, Drama, Parents, School Board Meetings, Limited Public Forum, Selective Admissions, Diversity, Race Discrimination

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Chalk and GavelBy Chris Thomas and Jamie Kudlats

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