Digital Commons Network^™

Professional Standards And The First Amendment In Higher Education: When Institutional Academic Freedom Collides With Student Speech Rights, Clay Calvert

Saint Louis University Law Journal

This article analyzes the disturbingly growing use of external professional standards by public colleges and universities to squelch students’ First Amendment speech rights. Using the 2016 decision by the U.S. Court of Appeals for the Eighth Circuit in Keefe v. Adams and the 2015 decision by the Ninth Circuit in Oyama v. University of Hawaii as analytical springboards, the article exposes the tension between two competing First Amendment rights – the institutional academic freedom of public universities to control curricula and the free speech rights of public university students both on and off campus. Without guidance from the Supreme Court, …

Surfing Past The Pall Of Orthodoxy: Why The First Amendment Virtually Guarantees Online Law School Graduates Will Breach The Aba Accreditation Barrier, Nicholas C. Dranias

ExpressO

The impact of the constitutional dilemma created by the ABA’s aversion to Internet schooling is widespread. Currently, 18 states and 2 U.S. territories restrict bar exam eligibility to graduates of ABA-accredited law schools. Additionally, 29 states and 1 U.S. territory restrict admission to practice on motion to graduates of ABA-accredited law schools.

Although numerous lawsuits have been filed in ultimately failed efforts to strike down bar admission rules that restrict eligibility to graduates of ABA-accredited law schools, none has challenged the ABA-accreditation requirement based on the First Amendment’s prohibition on media discrimination. This Article makes that case.

Despite accelerating technological …