The Next Step in Student Speech Analysis? How the Eighth Circuit Further Complicates the First Amendment Rights of University Students in Keefe v. Adams
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INTRODUCTION|In the seminal student speech case, Tinker v. Des Moines Independent Community School District, the United States Supreme Court concluded that high school officials violated students' First Amendment rights when they were punished for expressing their opposition to the Vietnam War. The Court decided that school officials may discipline a student for speech made on school premises only if the speech causes a material and substantial interference with school activities or the rights of other students. Following Tinker, the Court addressed other instances in which high school officials may regulate student speech. In Hazelwood School District v. Kuhlmeier, the Court held that high school officials were permitted to regulate student speech conducted in school-sponsored expressive activities so long as the regulation was reasonably related to legitimate pedagogical concerns. Relevant to both Tinker and Hazelwood was the situational context: in both cases the students the schools respectively disciplined were high school students...
Creighton University School of Law