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Student Speech Rights In The Modern Era, Brett Thompson
Student Speech Rights In The Modern Era, Brett Thompson
Mercer Law Review
Many things have changed since the United States Supreme Court's last major student speech case, Hazelwood School District v. Kuhlmeier, was decided in 1988. In 1999 a tragic school shooting occurred at Columbine High School in Colorado. During that same time period, there were a number of other occurrences of major violence at public schools. Since then, schools and legislatures have scrambled to prevent the occurrence of similar incidents. For example, a number of states have enacted anti-bullying statutes. Some were motivated to do so by a U.S. Secret Service report indicating that bullying played a role in many …
Holy Moses: What Do We Do With The Ten Commandments?, Haynes Maier, Eric R. Mull
Holy Moses: What Do We Do With The Ten Commandments?, Haynes Maier, Eric R. Mull
Mercer Law Review
In McCreary County v. ACLU, the United States Supreme Court held displays of the Ten Commandments in two county courthouses unconstitutional because the displays violated the Establishment Clause of the United States Constitution. However, in Van Orden v. Perry, the United States Supreme Court held that a display of the Ten Commandments on the Texas State Capitol grounds did not violate the Establishment Clause. This obvious contradiction does little to resolve the uncertainty of current Establishment Clause jurisprudence. In McCreary the Court reaffirmed the Establishment Clause test articulated in Lemon v. Kurtzman, while at the same time …