Allen Law Blog

How broadly does the First Amendment’s free speech clause apply to students? This is a question that American courts have been interpreting for quite some time. Social media has made it more complicated. The First Amendment guarantees the right to free speech without government interference—with certain limits that are designed to protect the public. Today, social media is a hub…

As medicinal and recreational cannabis is becoming legal in more and more states, students are under the assumption that they can use medical marijuana on campus. It’s a fair assumption, especially if your state has legalized both medical and recreational use. Except your school most likely disagrees. Its phalanx of campus administrators who police “community standards” will not hesitate to…

Students with disabilities are disproportionately at risk to be victims of crimes—up to three times more likely to be attacked. Federal law protects all students with disabilities from being unfairly discriminated against to enable them to feel physically and mentally safe within the institution. Unfortunately, the system is not perfect. There are times when filing a discrimination claim is your…

The Sixth Circuit Court of Appeals just reversed a lower court in a university plagiarism case against a disabled student. The school expelled a medical student over accusations of cheating. It ignored two doctors and the student’s own protests that the behavior he was accused of was a manifestation of his disability, not cheating. Sandra Emerick, Northeast Ohio Medical University’s…

Title VII of the Civil Rights Act of 1964 forbids employers from discriminating based on race, color, religion, sex, or national origin, and overlaps with Title IX (sex discrimination) and Title VI (race, color, religion or national origin). Forms of discrimination include creating a hostile work environment, disparate treatment, disparate impact, mixed motive discrimination, and retaliation. Create a Paper Trail…

Plaintiffs claiming they were wrongly expelled for false allegations of sexual misconduct in colleges and universities have repeatedly challenged so-called “trauma informed” interview techniques. Their challenges most often fail: three times in the Federal District Court of Colorado and once each in the Southern District Court of Iowa, the Southern District of Ohio, and District of New Jersey. Even where…

If your employer or school punishes you for legally using marijuana, you can just say, “No.” No to discrimination against you under state medical marijuana statutes. States are increasingly edging towards the complete legalization of marijuana. Almost half have made medical marijuana legal. Some, including Connecticut, Rhode Island, and New York and Massachusetts, give licensed users of medical marijuana protections…

When issues of gender discrimination arise in the school system, discussion of Title IX isn’t far behind. From athletics to classrooms and across other extracurricular departments, Title IX is a pivotal piece of legislature that protects your right to be free from gender discrimination.  Title IX is part of the 1972 Education Amendment, enforced by the U.S. Department of Education’s…

Here Are Three Take-Home Lessons for Campus Sexual Assault and Title IX Cases The American Bar Association just rejected a proposal to incorporate “affirmative consent” into American criminal law.  There are three take away points for campus rules regulating sexual assault and Title IX enforcement:  “Affirmative consent” rules lie far outside the mainstream of American justice, despite their almost universal…

In a Cyberbullying attack, the aggressor’s objective is to harm the credibility of the victim and damage their psychological well being, but the Cyberbully’s aim is also more than personal. They seek to damage the reputation and social standing of the victim in the community at large. Cyberbullies are known to hide behind screens of anonymity on social media platforms….