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My Teacher Sux! [Censored]: Protecting Students' Right to Free Speech on the Internet

Byline:

Katherine Hokenson

Issue:

VOL. XXVIII • Spring 2011 • NO. 3 (table of contents)

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Cite as:

28 John Marshall J. of Comp. & Info. Law 385

Abstract:

This comment will discusses the problem posed by student speech made on the Internet, how free speech issues are generally addressed by courts, the Supreme Court cases that have specifically addressed the First Amendment rights of students, and factors that courts dealing with student speech made on the Internet have attempted to use in their decisions. The comment will further look at how courts have analyzed online student speech cases in light of available Supreme Court precedent, and will propose that the Court adopt a hybrid of the Tinker test when addressing student speech made on the Internet, which will distinguish between speech that has a physical connection to the school and all other instances. The Comment will also consider some supplementary ways that the First Amendment rights of students can be protected to avoid unnecessary litigation.

Author Footnote:

Author Katherine Hokenson is a J.D. Candidate, 2012, at The John Marshall Law School, Chicago, Illinois. She is extremely thankful to her friends and family for their unwavering support throughout the law school experience, especially her grandmother, Florence Hokenson, and her fiance, Brent Waldher. She also thanks the JCIL staff, past and present, for their support through the writing, editing, and publishing phases.

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