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Triggering Tinker: Student Speech In The Age Of Cyberharassment, Ari Ezra Waldman

Articles & Chapters

This essay challenges the common assumption that public schools have limited authority to regulate cyberbullying that originates and takes place off campus. That argument presumes a level of myopia, clarity, and literalism in the law that simply does not exist. First, even assuming it existed, a geographic requirement is an outdated creature of a preinternet age. Cyberbullying poses unique challenges to young people, educators, and schools not contemplated when the Court decided its student speech cases. If it existed then, it should adapt to today’s realities. Second, I argue that a campus presence requirement for regulating any kind of off-campus …