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Student Speech: Whose Speech Is It Anyway And Why Does The First Amendment Care?, Leora Harpaz
Student Speech: Whose Speech Is It Anyway And Why Does The First Amendment Care?, Leora Harpaz
Faculty Scholarship
A key feature of First Amendment speech analysis in the public schools focuses on speaker identity. Speaker identity can play a crucial role in designing the First Amendment landscape on a variety of issues including the right of speakers to gain access to public school forums for expression, the right of student editors to control the content of school-sponsored publications, and the right of school administrators to permit religious speech in the public school setting. Courts faced with decisions about whether speech in the public school setting is private or government speech must consider the context in which the speech …
Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Returning To Hazelwood's Core: A New Approach To Restrictions On School-Sponsored Speech, Emily Gold Waldman
Elisabeth Haub School of Law Faculty Publications
The Article begins by discussing the Hazelwood decision in depth. It then discusses the various contexts in which courts have applied Hazelwood and the circuit split that has developed over how broadly Hazelwood should reach. Next, it describes the circuit split over whether Hazelwood permits viewpoint-based speech restrictions, highlighting the different speech contexts in which the circuits have reached divergent conclusions. The Article then argues that the overextension of Hazelwood links the two splits. This Part also discusses why Hazelwood is uniquely suited to the student speech context and why other doctrines-namely, the Pickering-Connick framework for teachers' classroom speech and …
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai
Reconsidering Gobitis: An Exercise In Presidential Leadership, Robert L. Tsai
Faculty Scholarship
In June of 1940, the Supreme Court ruled 8-1 in Minersville School District v. Gobitis that the First Amendment posed no barrier to the punishment of two school age Jehovah's Witnesses who refused to pay homage to the American flag. Three years later, the Justices reversed themselves in West Virginia State Board of Education v. Barnette. This sudden change has prompted a host of explanations. Some observers have stressed changes in judicial personnel in the intervening years; others have pointed to the wax and wane of general anxieties over the war; still others have emphasized the sympathy-inspiring acts of …