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Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz
Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz
Faculty Scholarship
In exploring the range of the First Amendment issues raised by school efforts to discipline students for Internet activities, this Article first examines Supreme Court and lower court precedent involving student speech outside of the Internet context. It then looks at Beussink, the first reported decision to involve discipline of a student for Internet speech. It also discusses other Internet situations in which schools have sought to impose sanctions on students. In its final section, it applies free speech methodology to a range of Internet situations. This exploration identifies some situations where a school is free to control speech that …
Constitutional Law--First Amendment--No Constitutional Right To Vote For Donald Duck: The Supreme Court Upholds The Constitutionality Of Write-In Voting Bans In Burdick V. Takushi, Jeanne M. Kaiser
Faculty Scholarship
This Note examines the Supreme Court decision in Burkick v. Takushi in detail and questions the Court's conclusion that the voters' interest in casting write-in votes is so slight that write-in bans are presumptively valid. The Note concludes that the Burdick decision is both inconsistent with the Court's previous ballot access jurisprudence, and restricts the electoral process at a time when voters are clamoring for more diverse choices in the voting booth. Section I of this Note briefly reviews a number of cases that considered the constitutionality of legislation governing candidate access to election ballots. The ballot access cases are …