FEBRUARY 2024 | Volume 2 | Number 2
Welcome to the February edition of the ACCS Legal Update!
As most educators know, February is the longest month of the year, and I hope this email does not find you in the midst of the “February blahs.”
The January Legal Update focused on several proposed and enacted laws in the state of California, so this month we will take a more wide-reaching look at several stories from across the nation.
Speech First v. Shrum
Last week, the 10th Circuit Court of Appeals ruled to uphold the right of Americans to speak and associate anonymously. The ruling came in response to Speech First v. Shrum, a case brought by Young America’s Foundation and the Manhattan Institute. That case alleged violations of free speech by Oklahoma State University, including requiring conservative and Christian student organizations to hand over their membership lists in an apparent attempt at restricting their activities and messaging.
The Alliance for Defending Freedom (ADF) filed an amicus brief (“friend of the court”) in support of Young America’s Foundation and Manhattan Institute, arguing that “The First Amendment protects the freedom to speak and associate anonymously” and that Oklahoma State University had applied vague school policies in a way that restricted the free speech of students who held views which were “unpopular, controversial, and in the minority on campus.”
Several students filed suit anonymously against the university for such policies, but the district court held that the identity of those students must be revealed. As ADF notes, “The students understand that others on campus may find their speech offensive and report them for ‘bias incidents’ that will then incur University discipline,” leading the students to file suit anonymously. The Circuit Court of Appeals upheld the students’ right to do so.
The ADF brief continued: “College students today fear voicing their views. Studies reveal that most students believe that other students have self-censored because some may find the mere expression of their views ‘offensive’ or even ‘violent.’ And college policies—like Oklahoma State University’s here— prohibit exactly that type of speech. The data demonstrate that students with views perceived to be in the minority on controversial issues—such as abortion and gender identity—are much more likely not to share their beliefs.”
The 10th Circuit Court’s ruling is a positive, albeit small, step in the right direction. The ruling extends some protection to students who challenge what appear to be increasingly hostile treatment of Christian and/or politically conservative viewpoints on college campuses.
The Importance of Handwriting
For a slightly different kind of story, we turn to a fascinating study released by researchers from the Norwegian University of Science and Technology. The study focused on whether any significant difference could be found between how a person’s brain is engaged while typing versus while writing by hand.
One article noted, “Results showed connectivity between different brain areas increased substantially when writing by hand. In contrast, typing did not produce a comparable boost in connectivity.” And further, “The meticulous letter formation and precise movements of handwriting substantially boost the brain’s connectivity patterns involved in learning.”
Classical educators are not likely to be surprised by such results, but you may be wondering, “How does this relate to a legal update?” Good question.
Such studies have reversed a previous trend away from cursive and other handwriting instruction. Now, more than twenty states have introduced requirements for handwriting instruction, including California, who passed legislation requiring cursive writing be required for elementary school students.
Classical schools, once again, have remained cutting edge by holding to what is tried and true. As the familiar quote from C.S. Lewis reminds us, “If you are on the wrong road progress means doing an about-turn and walking back to the right road and in that case the man who turns back soonest is the most progressive man.”
May God bless the work of your hands!
Grace & Peace,
Brian Phillips, Ed.D.
If you are in search of legal advice for you or your school, please consider the following resources: Brotherhood Mutual and Alliance Defending Freedom
Brian Phillips is the pastor of Holy Trinity Reformed Church (CREC – Concord, NC), teaches Rhetoric at Oaks Classical Christian Academy (Albemarle, NC), and is Board Vice Chairman for New Aberdeen College. Brian has also served as the Director of Consulting for The Circe Institute, Head of Upper School at Covenant Classical School (Concord, NC), and was an adjunct faculty member of Belmont Abbey College.
Dr. Phillips has an M.A. in Theological Studies, an M.A. in Classical Studies, an Ed.D. in Classical Education, and completed paralegal training at Duke University. He is also the author/editor of several books, including Sunday Mornings: An Introduction to Biblical Worship and the Canon Classics Guides to Dante’s Inferno and the Meditations of Marcus Aurelius. Brian and his wife, Shannon, live in North Carolina with their four children and their German Shepherd, Ajax the Great.