This note analyzes the current circuit split over whether schools should have the authority to punish students for speech made on the Internet. Part I discusses the First Amendment generally and the four Supreme Court cases that have refined its application with respect to on-campus student speech. Part II presents the ensuing circuit split over the constitutionality of disciplining students for online, off-campus speech. Specifically, this section will explain both of the existing perspectives and why neither of the two is ideal. Part III attempts to devise a solution to the current divide by advocating a compromise position. In particular, an analysis of the existing case law will demonstrate the ability of this proposal to balance longstanding First Amendment principles with the interests of school administrators.
Brittany L. Kaspar,
Beyond the Schoolhouse Gate: Should Schools Have the Authority to Punish Online Student Speech?,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol88/iss1/12