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First Amendment Commons

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Articles 1 - 5 of 5

Full-Text Articles in First Amendment

Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal Sep 2011

Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal

Connecticut Public Interest Law Journal

No abstract provided.


Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?, Joanne Sweeny Aug 2011

Do Sexting Prosecutions Violate Teenagers' Constitutional Rights?, Joanne Sweeny

San Diego Law Review

The media has recently been highlighting a rash of prosecutions of teenagers who engage in "sexting"--sending nude or sexually explicit images of themselves or their peers--under child pornography laws. These prosecutions have led to mass criticism for threatening teens with long prison terms and registration as sex offenders for activities that are perceived to be relatively innocent. Many, if not most, of these sexting teens are legally permitted to engage in sexual activities through their states' statutory rape laws, which leads to an absurd situation in which teens are permitted to engage in sex but not photograph it. This mismatch …


Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates, Douglas E. Abrams Jan 2011

Recognizing The Public Schools' Authority To Discipline Students' Off-Campus Cyberbullying Of Classmates, Douglas E. Abrams

Faculty Publications

The American Medical Association, the National Institute of Child Health and Human Development, and the U.S. Centers for Disease Control and Prevention have identified bullying in the public elementary and secondary schools as a "public health problem". This article explains the schools' comprehensive authority, consistent with the First Amendment, to impose discipline on cyberbullies, by suspension or expulsion if necessary. Ever since Tinker v. Des Moines Independent Community School District (1969), the Supreme Court's First Amendment decisions have granted the schools authority to discipline student speech that causes, or reasonably threatens, (1) "substantial disruption of or material interference with school …


My Teacher Sux! [Censored]: Protecting Students' Right To Free Speech On The Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011), Katherine Hokenson Jan 2011

My Teacher Sux! [Censored]: Protecting Students' Right To Free Speech On The Internet, 28 J. Marshall J. Computer & Info. L. 385 (2011), Katherine Hokenson

UIC John Marshall Journal of Information Technology & Privacy Law

This comment will discusses the problem posed by student speech made on the Internet, how free speech issues are generally addressed by courts, the Supreme Court cases that have specifically addressed the First Amendment rights of students, and factors that courts dealing with student speech made on the Internet have attempted to use in their decisions. The comment will further look at how courts have analyzed online student speech cases in light of available Supreme Court precedent, and will propose that the Court adopt a hybrid of the Tinker test when addressing student speech made on the Internet, which will …


Equal Access Struggle: Counter-Military Recruitment On High School Campuses, 44 J. Marshall L. Rev. 459 (2011), Phillip Ruben Nava Jan 2011

Equal Access Struggle: Counter-Military Recruitment On High School Campuses, 44 J. Marshall L. Rev. 459 (2011), Phillip Ruben Nava

UIC Law Review

No abstract provided.