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When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz
When Students Speak Away From School How Much Does The First Amendment Hear?, Leora Harpaz
Faculty Scholarship
Controversies arising over the extent of the First Amendment speech rights of public school students while at school are resolved by an analysis of the familiar quartet of major decisions of the United States Supreme Court: Tinker, Fraser, Kuhlmeier, and Morse. While these decisions have not removed all uncertainty over the scope of student speech rights, they at least have divided these cases into distinct categories and identified the standard to be applied within each category. The wide range of judicial views on the issue of when student off-campus speech can be the basis of discipline by school authorities makes …
Beyond The Schoolhouse Gate: Do Student First Amendment Rights Apply To Classroom Assignments?, Leora Harpaz
Beyond The Schoolhouse Gate: Do Student First Amendment Rights Apply To Classroom Assignments?, Leora Harpaz
Faculty Scholarship
While it has long been apparent that the First Amendment protection for freedom of expression limits the discretion of public school teachers and administrators, it has been assumed that those limitations do not constrain equally all aspects of a school's operation. One area that has seemed somewhat immune from First Amendment free speech oversight has been the pedagogic choices made by schools in defining their own educational objectives. Public schools have been permitted to select curricular materials for use in their classrooms and have been able to evaluate whether students have fulfilled course requirements without concern that they may be …
Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz
Internet Speech And The First Amendment Rights Of Public School Students, Leora Harpaz
Faculty Scholarship
In exploring the range of the First Amendment issues raised by school efforts to discipline students for Internet activities, this Article first examines Supreme Court and lower court precedent involving student speech outside of the Internet context. It then looks at Beussink, the first reported decision to involve discipline of a student for Internet speech. It also discusses other Internet situations in which schools have sought to impose sanctions on students. In its final section, it applies free speech methodology to a range of Internet situations. This exploration identifies some situations where a school is free to control speech that …