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Unpublished Paper
My Space or Theirs? Trying to Reconcile the Messy Judicial Doctrine for Off-Campus Student Expression
ExpressO (2012)
  • Ryan C Tuck, University of Georgia School of Law
Abstract
The Supreme Court's student expression jurisprudence is notoriously muddled, but regarding one major question, the Court basically has remained silent: whether and when schools can regulate student expression that originates physically beyond the campus and lacks any indicia of school sponsorship. The Court has included some suggestive language in its four landmark student expression cases, including its most recent decision in 2007, but the Court never has resolved this issue. And after denying a pair of petitions for certiorari earlier this year, the Court appears unlikely to do so anytime soon. (The Court denied a similar petition the previous term.) This uncertainty has tripped up lower courts, and school officials and students grappling with the law on a daily basis. Looking to just the recent petitions for certiorari, this Article identifies four significant circuit splits regarding the off-campus student expression issue. Because this doctrinal morass presents a very real potential to chill student speech, this Article attempts to clarify the law student practitioners in this area must face. In addition, this Article gleans from the current doctrine tips that should help students to avoid administrator – and judicial – cross hairs.
Keywords
  • circuit split,
  • student expression
Disciplines
Publication Date
June 16, 2012
Citation Information
Ryan C Tuck. "My Space or Theirs? Trying to Reconcile the Messy Judicial Doctrine for Off-Campus Student Expression" ExpressO (2012)
Available at: http://works.bepress.com/ryan_tuck/1/