Entertainment, Arts, and Sports Law Commons^™

Tinkering With The Schoolhouse Gate: The Future Of Student Speech After Mahanoy Area School District V. B.L., Victoria R. Bonds

Loyola of Los Angeles Entertainment Law Review

When the Supreme Court last created a rule about students’ First Amendment rights, MySpace was the most popular social media platform. Students’ use of social media and technology has radically changed since then, and it is time the First Amendment case law reflects that. With the transition to online learning after the COVID-19 pandemic and overall increased reliance on technology, students need clear answers about when school officials can punish them for their social media posts.

The Supreme Court had a chance to clarify First Amendment student speech law this year in Mahanoy Area School District v. B.L., but …

Unringing The Bell: Publicly Funded Art And The Government Speech Doctrine, John Barlow

Loyola of Los Angeles Entertainment Law Review

This Article advances the novel argument that within the domain of removing publicly funded art from public display, the application of the Government Speech Doctrine is improper because of the current scope and policy considerations of the Doctrine, the mutable nature of art speech, and artist moral rights. As an alternative, this Article proposes a model statute legislatures should adopt that outlines an appropriate analytical framework for removing public art from public display that takes into consideration individual free speech rights, the government’s right to control its own messages, the nature of art speech, and artist moral rights.