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Seventh Circuit Review

Abstract

Can officials at public colleges and universities in the Seventh Circuit censor student speech? How free is the college free press? In Hazelwood School District v. Kuhlmeier, the U.S. Supreme Court permitted high school administrators to censor school-sponsored speech if their actions were supported by "legitimate pedagogical concerns." However, the high court specifically stated that it was not deciding whether the same degree of deference is appropriate with respect to speech in higher education. Thus, this article argues that the Seventh Circuit's application of the Hazelwood standard to assess a student newspaper censorship claim at a Illinois public university is an unwarranted extension of the Supreme Court's high school-specific holding and has sweeping implications on First Amendment jurisprudence.

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