Law Commons^™

Hate Speech In The Schools: A Potential Change In Direction, Kevin W. Saunders

Maine Law Review

The law regarding free expression and students in the public schools has long been somewhat confused. An early Supreme Court vindication of student speech rights has eroded over the years. Yet, it is perhaps unclear how great the erosion has been and how much of the original recognition still stands. This has left the lower courts rather unwilling to protect school students from hate speech, at least in cases where there has not been a history of such speech leading to disruption or even violence. Only recently has there been some sign of change in that regard, with a few …