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Local Government, Land Use, and the First Amendment: Protecting Free Speech and Expression
The U.S. Supreme Court recently ruled on the critical issue of the right of public-school students to engage in free expression outside of school and when they may be subject to school discipline for speech beyond school grounds.
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Closed Captioned.
By an 8-1 vote, the Court ruled that student rights to express themselves off-campus are protected by the First Amendment, but that public schools may discipline students in a few situations such as bullying, harassment or threats aimed at individuals or at the school. It now falls to thousands of school administrators to put the Court's guidance into practice in ways that will have an extraordinary impact on the rights of American youth to engage in free expression away from school and on the reach of schools to maintain discipline and decorum. It has been 52 years since the Supreme Court recognized the importance of student free speech in Tinker v. Des Moines Independent School District. In the years since Tinker, the Court has on several occasions, imposed limits on student speech, most recently 14 years ago when the justices upheld the discipline of an Alaska high school student who displayed the message "bong hits for Jesus" on a banner at an event outside his school. But the Court has, until now, passed up numerous chances to define how the era of social media and instant Internet communications impact school authority to regulate student speech. In an era when so much student speech may take place at home on private devices and personal social media accounts, the issue has enormous practical consequences. This panel will explore the practical and legal consequences of this critically important Supreme Court ruling.
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8/5/2021 12:00:00 AM
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