THE TWENTY-SIXTH AMENDMENT: RESOLVING THE FEDERAL CIRCUIT SPLIT OVER COLLEGE STUDENTS' FIRST AMENDMENT RIGHTS
Since the mid-1980s, public universities across the country have routinely, and often unapologetically, restricted their students' expression. In order to create welcoming and safe environments for their students, universities regulate student speech by promulgating civility codes; banning verb...
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| Published in: | Texas journal on civil liberties & civil rights 2008-10, Vol.14 (1), p.27 |
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| Main Author: | |
| Format: | Article |
| Language: | eng |
| Subjects: | |
| Online Access: | Get full text |
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| Summary: | Since the mid-1980s, public universities across the country have routinely, and often unapologetically, restricted their students' expression. In order to create welcoming and safe environments for their students, universities regulate student speech by promulgating civility codes; banning verbal harassment; censoring the student press; implementing overbroad time, place, and manner restrictions; and denying funding to student groups with disfavored views.1 An important ambiguity in the Supreme Court's jurisprudence enables this regulation to occur: specifically, the question of whether the First Amendment standards developed for secondary and primary schools apply to universities.2 Since it first addressed the university,3 the Court has conceptualized it as possessing a distinct function in society.4 It has held the university up as an open marketplace of ideas whose primary function is truth-seeking. |
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| ISSN: | 1930-2045 |