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Constitutional Law

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Golden Gate University School of Law

Journal

2017

Freedom of speech; students' freedom of speech;

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C.R. Ex Rel. Rainville V. Eugene School District 4j: Slowly Expanding A School’S Ability To Reach Off-Campus Speech, Mary R. Loung Jan 2017

C.R. Ex Rel. Rainville V. Eugene School District 4j: Slowly Expanding A School’S Ability To Reach Off-Campus Speech, Mary R. Loung

Golden Gate University Law Review

The United States Constitution guarantees equal protection under the law to all citizens regardless of race, color, religion, and gender. However, there are special circumstances when constitutional rights can be restricted. The First Amendment rights of public school students fall under one of these special circumstances. While parents have a responsibility to care for, protect, and discipline their child, the responsibility transfers to the school’s in loco parentis authority when the child becomes a student under their supervision. The salient issue then becomes how to determine when the school’s authority begins and ends. The Ninth Circuit’s decision in C.R. ex …