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Circuit split; school; students; First Amendment; Internet; electronic speech; digital age; Tinker v. Des Moines; off-campus speech; school officials; school discipline; schoolhouse gate; free speech
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Denying Certiorari In Bell V. Itawamba County School Board: A Missed Opportunity To Clarify Students’ First Amendment Rights In The Digital Age, Elizabeth A. Shaver
Denying Certiorari In Bell V. Itawamba County School Board: A Missed Opportunity To Clarify Students’ First Amendment Rights In The Digital Age, Elizabeth A. Shaver
Brooklyn Law Review
In the last decade, the federal circuit courts have grappled with the issue whether, and to what extent, school officials constitutionally may discipline students for their off-campus electronic speech. Before 2015, three federal circuit courts had extended school authority to off-campus electronic speech by applying a vague test that allows school officials to reach far beyond the iconic “schoolhouse gate” referenced in the Supreme Court’s landmark decision in Tinker v. Des Moines Independent Community School District. Two other federal circuits had avoided the issue altogether by deciding the cases before them on other grounds. In 2015, the Fifth Circuit Court …