Law Commons^™

A Less Hazardous Freedom? Critiquing The Student Welfare Standard For Potentially Harmful Student Speech, Jonathan A. Blume

Jonathan A Blume

From the school shootings at Columbine to the suicides of LGBT teens traumatized by the words of their intolerant classmates, the issue of violent and emotionally wounding student speech is increasingly becoming a prominent concern. Attempting to address the dangers of such speech, courts have gradually shifted from the bold First Amendment protections of Tinker v. Des Moines Independent Community Schools, moving instead toward a student welfare standard for evaluating potentially harmful student speech. The student welfare standard emphasizes the potential harm from speech, allowing school administrators to restrict student speech posing a significant danger to student safety or welfare. …