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From Keyboard To Schoolhouse: Student Speech In An Age Of Pervasive Technology, Erin M. Leach
From Keyboard To Schoolhouse: Student Speech In An Age Of Pervasive Technology, Erin M. Leach
Missouri Law Review
To most Americans, the First Amendment's Free Speech Clause is among the most sacred provisions of the Constitution. At first reading, it seems a broad guarantee of the right of citizens to speak their mind without limitation. But the jurisprudence on the clause shows that the law governing free speech is far from uncomplicated. The analysis is made more complex in the context of student speech due to a different set of standards governing the rights of students while they are under the care of their schools. S.J.W ex rel. Wilson v. Lee's Summit R-7 School District, a recent Eighth …
Cause For Action For Student-On-Student Sexual Harassment Under The Missouri Human Rights Act, A , Amanda N. Johnson
Cause For Action For Student-On-Student Sexual Harassment Under The Missouri Human Rights Act, A , Amanda N. Johnson
Missouri Law Review
This Note argues that a cause of action under the MHRA is problematic because it misapplies the law with respect to public schools, creating limitless liability against school districts. The cost of damages and legal fees could overwhelm many of Missouri’s school districts, taking taxpayer money from funding education and putting it in the pockets of attorneys and plaintiffs.
How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia
How Not To Criminalize Cyberbullying, Lyrissa Lidsky, Andrea Pinzon Garcia
Missouri Law Review
This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …
Regulating Student Cyberspeech, Barry P. Mcdonald
Regulating Student Cyberspeech, Barry P. Mcdonald
Missouri Law Review
Part I of this Article will provide the First Amendment background for thinking about these disputes. It will explain how the Court has interpreted that amendment to provide primary and secondary students in American public schools with free speech rights, albeit not as broad as they enjoy in their capacities as ordinary citizens of our country. It has given public school administrators special power to regulate student speech as necessary to achieve the task the people have assigned them - the effective education of their children. When cyberbullying occurs then, as it often does, completely or partially off of school …
Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools , Daniel B. Weddle
Still Disconnected: Current Failures Of Statutory Approaches To Bullying Prevention In Schools , Daniel B. Weddle
Missouri Law Review
This Article will offer a brief critique of current bullying legislation and suggest changes to the legislation designed to achieve the good intentions that usually motivate such legislative efforts. It will also briefly address some of the less well-meaning legislative efforts and suggest that legislators duped by their uncharitable colleagues into passing counter-productive bullying legislation take the necessary steps to reverse the damage. Because of the brevity of this Article, I will focus primarily upon weaknesses that legislatures should address and will not discuss the strengths that can be found in a few legislative efforts to deal with bullying in …