67 | One T-shirt & “Two Genders:" School Regulation of Demeaning Student Speech

73 | Social Media and Accountability: Who’s Responsible for the Harms to Students and Schools?

When should social media companies be held legally responsible for the harms their platforms allegedly cause students? And what happens when schools find themselves bearing the costs of a mental health crisis they didn't create? In this episode, we examine the massive multidistrict litigation, In re Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, in which school districts and other public entities allege that major social media companies intentionally designed their platforms to be addictive to children and teenagers.As always, we break down the facts, legal theories, and broader implications for K-12 schools. We explore why schools have become central players in litigation over social media addiction, the claims that platforms like Instagram, Facebook, TikTok, Snapchat, and YouTube contributed to rising student mental health challenges, and what school districts hope to recover through these lawsuits. Along the way, we explain how multidistrict litigation (MDL) works, why this case is different from a traditional class action, and what educators should watch as this litigation continues to unfold.We also discuss the Supreme Court's recent decision not to hear Littlejohn v. Leon County School Board following its shadow docket ruling in Mirabelli, leaving schools with continued uncertainty about the future of parental rights and student gender identity cases. If it feels like schools are increasingly being asked to solve society's biggest problems—and then defend those efforts in court—this is an episode you won't want to miss.Check out our updated website (www.chalkandgavel.com [http://www.chalkandgavel.com/]) to sign up for our newsletter, support the show, find our episode database, and grab some merch.Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapis [http://www.educationlaw.org/lapis]Chalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html [https://education.indiana.edu/events/conferences/mccarthy-institute/index.html]#EducationLaw #SocialMedia #StudentMentalHealth #SchoolLaw #ProductsLiability #EducationLeadership #K12 #TechnologyLaw

72 | Teaching and Religion: Where Does the Establishment Clause Draw the Line Now?

When does teaching about religion become teaching religion? And after recent Supreme Court decisions, does that line even still exist? In this episode, we dive into Hilsenrath v. School District of the Chathams, a case involving a middle school world cultures class and a parent's claim that lessons on Islam crossed the constitutional line. The case forces courts (and educators) to grapple with a fundamental question: When does instruction about religion become government endorsement of religion?As always, we break down the facts, legal reasoning, and broader implications for schools navigating the ever-evolving relationship between public education and religion. Along the way, we explore how recent decisions like Kennedy v. Bremerton and Mahmoud v. Taylor have reshaped the legal landscape, replacing long-standing tests with new—and often murkier—frameworks grounded in history and tradition.We also discuss a major Fifth Circuit decision involving Texas’s Ten Commandments law and what it may signal for the future of religion in public schools. If it feels like Establishment Clause jurisprudence is shifting beneath our feet, you’re not alone. This is a packed episode about one of the most consequential—and unsettled—areas of education law today.Check out our updated website (www.chalkandgavel.com [http://www.chalkandgavel.com/]) to sign up for our newsletter, support the show, find our episode database, and grab some merch.Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapis [http://www.educationlaw.org/lapis]Chalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more and register to attend the 2026 Institute, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html [https://education.indiana.edu/events/conferences/mccarthy-institute/index.html]#EducationLaw #FirstAmendment #EstablishmentClause #EducationalLeadership #ConstitutionalLaw #ChurchAndState #K12#FreeExerciseClause

71 | Parental Rights and Gender Identity: The Court’s Shadow Docket Decision in Mirabelli v. Bonta

Can a state stop schools from notifying parents when a student socially transitions at school? And what happens when those school-based decisions collide with educators’ legal obligations and families’ constitutional rights? In this episode, we take a deep dive into Mirabelli v. Bonta, the high-profile California case challenging state guidance that prohibited schools from disclosing a student’s gender transition to parents without the student’s consent. Teachers and parents argued the policy placed schools in an impossible position, requiring staff to withhold information from families while navigating sensitive questions about student identity and support. The case moved quickly through the courts and all the way to the U.S. Supreme Court’s emergency docket, raising major questions about parental rights, student privacy, free exercise, and the role of schools in deeply personal matters.For our bellringer, we revisit B.B. v. Capistrano Unified School District, the California student speech case involving a first grader disciplined over a drawing that included “Black Lives Matter” and “All Lives Matter.” The Ninth Circuit recently sent the case back for trial, emphasizing that even very young students may have First Amendment protections and that courts must carefully analyze the facts before schools can restrict student expression.Check out our updated website (www.chalkandgavel.com [http://www.chalkandgavel.com/]) to sign up for our newsletter, support the show, find our episode database, and grab some merch.Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapis [http://www.educationlaw.org/lapis]Chalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more and register to attend the 2026 Institute, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html [https://education.indiana.edu/events/conferences/mccarthy-institute/index.html] Keywords:#ParentalRights, #GenderIdentity, #StudentPrivacy, #FirstAmendment, #FreeExercise, #StudentSpeech, #LGBTQ+, #California, #SupremeCourt, #K-12, #Constitution, #EducationLaw

70 | Student Athletes and Random Drug Testing: When Can Schools Engage in Suspicionless Searches?

What happens when school safety measures collide with student rights? In this episode, we cover Vernonia School District v. Acton, a pivotal case that examines the balance between student privacy and school safety. The Supreme Court's decision on random drug testing for student-athletes raises critical questions about the Fourth Amendment and the concept of "reasonableness.” We also explore more recent developments with the Department of Education in this week’s bellringer. Check out our updated website (www.chalkandgavel.com [http://www.chalkandgavel.com/]) to sign up for our newsletter, support the show, find our episode database, and grab some merch.Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapis [http://www.educationlaw.org/lapis]Chalk & Gavel is supported by the Martha McCarthy Education Law & Policy Institute at Indiana University’s School of Education. The McCarthy Institute offers virtual and in-person programming to increase legal literacy. Educators, school leaders, attorneys, policymakers, professors, and others are invited to participate in interactive discussions related to contemporary issues in education law. To learn more and register to attend the 2026 Institute, visit https://education.indiana.edu/events/conferences/mccarthy-institute/index.html [https://education.indiana.edu/events/conferences/mccarthy-institute/index.html]#EducationLaw #StudentRights #FourthAmendment #SchoolSafety #DrugTesting #SupremeCourt #Podcast #K-12 #Schools

69 | Fake Accounts and Real Consequences: When Students Target Teachers Online

What happens when student speech leaves campus—but crashes right back into the school environment through social media? In this episode, Chris and Jamie are recording the same room for about the 4th time to unpack Kutchinski as next friend to H.K. v. Freeland Community School District, a case involving a student-run fake Instagram account impersonating a teacher and posting a stream of vulgar, threatening, and deeply disruptive content. The twist? Most of the conduct happened off campus. As always, this case forces us back into familiar—but increasingly complicated—territory: the boundaries of the First Amendment in schools. Applying the Tinker standard in a digital age, the court wrestles with whether schools can discipline students for off-campus online speech that foreseeably causes substantial disruption within the school day. Spoiler alert: when that speech includes threats, harassment, and impersonation that spills into classrooms and undermines the learning environment, courts may be far more willing to side with school officials. We break down the facts, the court’s reasoning, and what this means for educators navigating student behavior in an era where “off campus” doesn’t really mean off campus anymore. If you’ve ever wondered how far school authority extends into students’ online lives, this is the case for you. We’ve also got a couple of timely bellringers to kick things off. First, everything is bigger in Texas—including the legal battles over school vouchers. A new controversy is brewing over whether families can use public voucher funds to attend Islamic private schools, raising big questions about the intersection of school choice and the Establishment Clause. Then we head to Oklahoma, where the state’s Attorney General has sued the charter school board after it rejected an application for a Jewish charter school—putting religious access, public funding, and charter school law on a collision course. These are two stories you’ll definitely want to keep an eye on. This is a packed episode full of First Amendment doctrine, emerging issues in school choice, and the ever-evolving challenges facing school leaders today. * Check out our updated website (www.chalkandgavel.com [http://www.chalkandgavel.com]) to sign up for our newsletter, support the show, find our episode database, and grab some merch. * Interested in staying up to date on education law as an educator? Check out ELA's publication, Law and Policy in Schools, at www.educationlaw.org/lapis [http://www.educationlaw.org/lapis] Keywords: #FirstAmendment #StudentSpeech #OffCampusSpeech #TinkerStandard #EducationLaw #SocialMedia #SchoolDisruption #VoucherPrograms #ReligiousSchools #CharterSchools #EstablishmentClause #K12Law #ChalkAndGavel