Tag: First Amendment

  • Tenn. Law Aimed at Students Who Make School Shooting Threats Ensnares a Retiree – The 74

    Tenn. Law Aimed at Students Who Make School Shooting Threats Ensnares a Retiree – The 74

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    Larry Bushart Jr. was just freed from a Tennessee jail cell after spending more than a month behind bars — for a Facebook post.

    The high-profile arrest of the 61-year-old retiree and former cop — which made waves in free speech circles — has all the hallmarks of a bingeworthy culture war clash in 2025: 

    • A chronically online progressive turns to Facebook to troll his MAGA neighbors about President Donald Trump’s seemingly lopsided response to school shootings compared to the murder of right-wing pundit Charlie Kirk
    • An elected, overzealous county sheriff intent on shutting him up
    • A debate over the limits of the First Amendment — and the president’s broader efforts to silence his critics
    Eamonn Fitzmaurice / T74

    The controversy, I report this morning, also calls attention to a series of recent Tennessee laws that carry harsh punishments for making school shooting threats and place police officers on campus threat assessment teams working to ferret out students with violent plans before anyone gets hurt. 

    In Bushart’s case, the sheriff maintained that his post referring to the president’s reaction to a 2024 school shooting in Perry, Iowa, constituted a threat “of mass violence at a school,” apparently the local Perry County High School. The rules that ensnared Bushart have also led to a wave of student arrests and several free speech lawsuits. His is likely to be next, Bushart’s lawyer told The Washington Post.

    In the news

    Updates in Trump’s immigration crackdown: Federal immigration officers chased a Chicago teacher into the lobby of a private preschool Wednesday and dragged her out as parents watched her cry “tengo papeles!” or “I have papers.” The incident is perhaps the most significant immigration enforcement act in a school to date. | The 74

    • Proposed federal rules would allow Immigration and Customs Enforcement to collect iris scans, fingerprints and other biometric data on all immigrants — including, for the first time, children under 14 years old — and store it for the duration of each individual person’s “lifecycle.” |  Ars Technica
    • On the same day Cornell University notified an international student that his immigration status had been revoked, Google alerted him that federal authorities had subpoenaed his personal emails. Now, the institution won’t say whether federal authorities had tapped into university “emails to track [students] as well.” | The Cornell Daily Sun
    • In California, federal immigration officers shot a U.S. citizen from behind as he warned the agents that students would soon gather in the area to catch a school bus. The government says the shots were “defensive.” | Los Angeles Times
    • ‘Deportation isn’t a costume’: A Maine middle school principal is facing pushback for a federal immigration officer Halloween costume, complete with a bulletproof vest that read “ICE.” | Boston.com
    • In Chicago communities that have seen the most significant increase in immigration enforcement, school enrollment has plunged. | Chalkbeat
    • Also in Chicago, a federal judge ordered the Trump administration to hand over use-of-force records and body camera footage after trick-or-treaters were “tear-gassed on their way to celebrate Halloween.” | USA Today

    A bipartisan bill seeks to bar minors from using AI chatbots as petrified parents testified their children used the tools with dire consequences — including suicide. Some warn the change could stifle the potential of chatbots for career or mental health counseling services. | Education Week

    • A Kentucky mom filed a federal lawsuit against online gaming communities Discord and Roblox alleging the companies jeopardized children’s safety in the name of profit. After her 13-year-old daughter died by suicide last year, the mom said, she found the girl had a second life online that idolized school shooters. | 404 Media
    • Character.AI announced it will bar minors from its chatbots, acknowledging safety concerns about how “teens do, and should, interact with this new technology.” | BBC
    Getty Images

    A jury awarded $10 million to former Virginia teacher Abby Zwerner on Thursday, two years after she was shot by her 6-year-old student. Zwerner accused her former assistant principal of ignoring repeated warnings that the first grader had a gun. The student’s mother was sentenced to nearly four years in prison for felony child neglect and federal weapons charges. | The New York Times

    ‘Creepy, unsettling’: This family spent a week with Grem, a stuffed animal with artificial intelligence designed to “learn” children’ s personalities and hold educational conversations. | The Guardian

    A judge ordered the Trump administration to release federal funds to California school districts after it sought to revoke nearly $165 million in mental health grants as part of a broader crackdown on diversity, equity and inclusion.  The grants funded hundreds of school social workers and counselors. | EdSource

    In 95% of schools, active-shooter drills are now a routine part of campus life. Here’s how states are trying to make them less traumatic. | The Trace

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    A lawsuit against a Pennsylvania school district alleges educators failed to keep students safe after a 12-year-old girl was attacked by a classmate with a metal Stanley drinking cup. | NBC10

    ‘Inviting government overreach and abuse’: The Education Department was slapped with two lawsuits over new Public Service Loan Forgiveness rules that could bar student borrowers from the program who end up working for the president’s political opponents, including organizations that serve immigrant students and LGBTQ+ youth. | The Washington Post

    ICYMI @The74

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    How LAUSD School Zones Perpetuate Educational Inequality, Ignoring ‘Redlining’ Past

    Students Want Schools to Incorporate AI in Learning But Express Some Fears

    LifeWise’s Big Red Bus Is Driving Thorny Questions about Church and State

    Emotional Support

    Matilda plots her escape.


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  • Supreme Court Must Not Undermine Public Education in Religious Charter Case – The 74

    Supreme Court Must Not Undermine Public Education in Religious Charter Case – The 74


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    Last week, the Supreme Court held oral arguments in a case that could undermine public education across America. The question the court is looking to answer is whether a religious institution may run a publicly funded charter school — a move that would threaten not only the separation of church and state, but the right of every student to access free, high-quality learning.

    In 2023, Oklahoma’s Statewide Virtual Charter School Board approved St. Isidore of Seville Catholic Virtual School, an action that would make it the nation’s first-ever religious charter school. It would be governed by Catholic religious doctrine in its syllabus, operations and employment practices. It would use taxpayer dollars to pay for religious instruction. And it could turn away students and staff if their faith or identity conflict with Catholic beliefs. 

    Here’s the issue: Charter schools were created to be public schools. They are open to all students, from every background, tradition and faith community. They are publicly funded and tuition-free. And they are secular. 

    That’s not an arbitrary distinction – it’s a constitutional one, grounded in the law and embedded in charter schools’ very design. The First Amendment’s Establishment Clause bars the government from promoting or endorsing any religion through public spaces or institutions. This foundational rule has ensured that students of all backgrounds can access public schools. It does not stifle religious expression — the Constitution fully protects this freedom, and religious education is available in other venues. Personally, I was, in fact, educated at Jesuit Catholic schools for my entire academic career. 

    Parochial education has long been an accepted and important part of the education ecosystem, serving a variety of students and often filling an important need. Religiously affiliated schools have a long history of educating and caring for children who are new to this country and underserved, and supporting families who are overlooked. But promoting the exclusive teachings of a specific religion with public funds in a public school violates a clear constitutional principle. 

    The issue isn’t only a legal matter; it’s about the character of public education itself. Muddying the boundary between public and religious institutions would undercut a fundamental commitment made by the nation’s public charter schools: that they are accessible to every student. It would undermine legal protections that keep public services available to the public. 

    Rather than creating more opportunities for America’s students, it would constrict opportunities for a high-quality education, especially in states that are hostile toward charters or alternative public school models. Legislative bodies could seek to eliminate funding for all unique school types if the court decision forced them to fund religious schools operating with public dollars. This would curtail or dismantle strong independent schools, 30-year-old public charter schools and schools with unique programs designed for special populations.

    As executive director of the DC Charter School Alliance, and a long-time public charter school advocate, I’ve seen the importance of public charter schools firsthand. Here in the District of Columbia, charter schools serve nearly half of the public school students in the city. Outstanding educators from all walks of life teach a wide range of subjects with enthusiasm and expertise to prepare young people for success. Our students bring to the classroom an incredible range of experiences, including faith traditions. And every student, family and faculty member is welcome. D.C.’s charter schools reflect a core American value: the promise of a high-quality public education for all. 

    The justices of the Supreme Court face a clear and critical choice: They can bolster that promise, or they can tear it down. If the court allows a religious school to operate with public funds, there is no doubt that it will open the floodgates to other proposals across the country. Taxpayers could be forced to foot the bill for countless new and converted schools, draining resources from an already financially strapped education system. True public charter schools — the ones committed to high standards, positive results and opportunity for all — could bear the cost. And the students who rely on them could suffer. 

    Public education is one of America’s most vital institutions. It offers all children, no matter their background or beliefs, access to free, high-quality learning. Charter schools play an essential role in making that promise real. But allowing a religious school to operate with public funds turns public education into something much more restrictive, dismantling its very foundation.

    The court must reaffirm this indisputable truth: Public schools should remain public — and open to all. 


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