I. Introduction

II. Background ... A. The Supreme Court’s Student Speech Jurisprudence ... B. Circuits Struggle to Define the Limits of Tinker ... 1. The Eighth Circuit’s Approach: Reasonable Foreseeability the Speech Will Reach the School ... 2. The Fourth Circuit’s Approach: The Nexus Test ... C. The Ninth Circuit Tackles Off-Campus Student Speech: C.R. v. Eugene School District 4J ... 1. Facts ... 2. The Court’s Justification for Applying Tinker to C.R.’s Speech

III. Analysis ... A. Tinker Should Be Applied Off-Campus under Certain Circumstances ... B. Criticisms of the Ninth Circuit’s Approach to Off-Campus Speech … 1. The Nexus Test Is Unclear and the Factors for Reviewing Courts to Consider Have Not Been Adequately Articulated ... 2. The Reasonably Foreseeable Test Provides No Additional Protection for Off-Campus Speech ... 3. Policy Implications from the C.R. Decision ... C. Proposed Threshold Test: The Availment Standard … 1. The Availment Test Is a Stronger Legal Standard than Other Proposed Threshold Tests ... 2. Applying the Availment Test ... a. Cyber Bullying ... b. Political Speech ... c. Threats of School Violence ... d. Application to C.R. ... 3. Potential Criticisms of the Availment Test

IV. Conclusion