The Fourteenth Amendment is limited by the First Amendment when it comes to holding schools liable for speech by teachers or students in academic debates with each other. For example, a federal appeals court ruled that the First Amendment barred a racial harassment lawsuit under the Fourteenth Amendment, over a professor’s racially-charged anti-immigration emails that offended Hispanic college staff. (
But the First Amendment doesn’t protect a racist policy officially adopted by a school system. The Fourteenth Amendment overrides any First Amendment right that officials carrying out a discriminatory government policy might otherwise have. (
See
Creek v. Village of Westhaven, 80 F.3d 186 (7th Cir. 1996)).
States Should Follow West Virginia s Lead in Trying to Ban Critical Race Theory From Schools
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Student Press Freedom Day: The challenges of Covid and censorship - Index on Censorship
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