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First Amendment

First amendment

2018

Fordham Law School

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Full-Text Articles in Law

University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse Jan 2018

University Trademarks And “Mixed Speech” On College Campuses: A Case Study Of Gerlich V. Leath And Student Free Speech Rights, Nathan Converse

Fordham Intellectual Property, Media and Entertainment Law Journal

Higher education has long been a fundamental building block upon which American democracy is based. The guarantee of free speech is itself a revered liberty in the American polity; it has, in turn, served as the catalyst for higher education. Recent events on college campuses continue to reexamine universities’ role in their students’ education and push the legal boundaries on student speech rights. In many instances, however, students’ speech and expressive viewpoint conflicts with that of other students. Other times, students’ speech conflicts with the expressive interests of their university. This Article examines the latter instance in the context of …