Tinker Walked so Mahanoy Could Cheer: The Evolution of Student Speech Culminating in Mahanoy Area School Dist. v. B.L.
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Authors
Herchenbach, Morgan
Issue Date
2022
Volume
55
Issue
3
Type
Journal Article
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Abstract
INTRODUCTION|This Note first explains the facts of Mahanoy and the Supreme Court’s holding. This Note then provides background information establishing the liberty rights of parents, the interests of society in raising good citizens, the rights and limitations of student speech, and how the circuit courts have handled online student speech prior to the Mahanoy decision. This Note subsequently analyzes the interplay of the interests of students, parents, schools, and society, and examines how Mahanoy aligned with the Constitution by protecting each of these interests. Thereafter, this Note argues the Supreme Court
ruled correctly in Mahanoy by balancing the interests of the school, parents, and students. Finally, this Note assesses how the Court’s decision in Mahanoy will affect students who continue to grow and learn in a society where technology is so pervasive.
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Citation
Publisher
Creighton University School of Law