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Full-Text Articles in Law
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley
Tweaking Tinker: Redefining An Outdated Standard For The Internet Era, Shannon M. Raley
Cleveland State Law Review
This Note argues that the Tinker standard needs to be reevaluated to encompass Internet-related cases both by eliminating the “on-campus” requirement and by further defining what constitutes a “substantial disruption.” The “on-campus” requirement should be eliminated for the following reasons: 1) lower federal courts already disregard this condition for Internet-related cases; 2) it leads students to abuse their First Amendment rights; and 3) this requirement threatens the safety of teachers, students, and other school personnel. Additionally, Tinker's “substantial disruption” prong would be better understood as a factors test. This ensures that schools utilize the same criteria in determining whether a …
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Student Publications, The First Amendment, And State Speech, T. D. Buckley Jr.
Cleveland State Law Review
The lower federal courts and state courts have been applying the first amendment in student press cases arising at public colleges and high schools since 1967. But ordinary first amendment analysis is inadequate in most student press disputes. As a result the courts in some cases have been unable to articulate satisfactorily the bases for good decisions. And in other cases the real issues generated in student press litigations have been ignored. This Article evaluates the cases so far decided, and proposes a new approach to student press disputes which would rationalize what the courts have intuitively done correctly in …
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Freedom Of Expression In Secondary Schools, Ann Aldrich, Joanne V. Sommers
Cleveland State Law Review
Guzick v. Drebus, currently under consideration on appeal to the United States Court of Appeals for the Sixth Circuit, raises important questions concerning the application of the First Amendment to secondary school students.