School officials may not punish student speech unless they can clearly demonstrate that it will cause a substantial disruption of normal school activities. What is a “substantial disruption?” What if an argument broke out in the cafeteria? What if a fight occurred in a busy hallway?  In your opinion, when should school administrators punish student speech?

 

Textbooks:

  • Kaplin, W. A. & Lee, B. A. (2014). The law of higher education. (5th Ed., Student Version). San
  • Francisco: Jossey Bass. ISBN: 978-1-118-03662-4

 

Read the following sections:

  • Section 9.4: Student Protests and Freedom of Speech
  • Section 9.5: Speech Codes and the Problem of Hate Speech
  • Section 10.3: The Student Press

 

Supplemental Materials:

  • Tinker v. Des Moines Independent Community School District
  • Sadegh Shamloo v. Mississippi State Board of Trustees (BRIEF)
  • Justice for All v. Faulkner (BRIEF)
  • Lewis v. St. Cloud University

 

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