Law, College of
Nebraska Law Bulletin (Selected Issues)
Date of this Version
7-24-2012
Document Type
Article
Citation
Nebraska Law Bulletin (July 24, 2012)
Abstract
This article addresses whether and to what extent the First Amendment protects student speech when students select or discuss a particular topic as part of curriculum that allows students to freely and sovereignly choose their desired substantive topic. Specifically, this article addresses the applicability of the First Amendment protection provided by Hazelwood School District v. Kuhlmeier, protection that allows a school to censor speech “in school-sponsored activities so long as [the school’s] actions are reasonably related to legitimate pedagogical concerns.” Part II provides and explains the pertinent federal jurisprudence, obligatorily starting with Tinker v. Des Moines Independent Community School District, continuing with Hazelwood, and ending with Settle v. Dickson County School Board. Part III discusses why Hazelwood’s scope of First Amendment protection is not appropriate for all curriculum contexts, particularly for this context. Part IV then advocates for a heightened scope of First Amendment protection in this context. Part IV also addresses any administrative problems or difficulties with implementing this heightened level of protection, and Part V will add some concluding thoughts and summations.
Comments
Copyright 2012, the author