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Children are Crying and Dying while the Supreme Court is hiding: Why Public Schools Should Have Broad Authority to Regulate Off-Campus Bullying "Speech."

Authors :
Butwin J
Source :
Fordham law review [Fordham Law Rev] 2018 Nov; Vol. 87 (2), pp. 671-701.
Publication Year :
2018

Abstract

Bullying has long been a concern for students, parents, teachers, and school administrators. But technological advances--including the internet, cell phones, and social media--have transformed the nature of bullying and allow "cyberbullies" to extend their reach far beyond the schoolhouse gate. The U.S. Supreme Court established that schools may regulate on-campus speech if the speech creates a substantial disruption of, or material interference with, school activities. However, the Court has yet to rule on a school’s ability to regulate students' off-campus bullying speech. This Note examines how various courts have approached the issue, analyzes the current circuit split, and ultimately proposes that schools should have the authority to discipline students for off-campus bullying speech.

Details

Language :
English
ISSN :
0015-704X
Volume :
87
Issue :
2
Database :
MEDLINE
Journal :
Fordham law review
Publication Type :
Academic Journal
Accession number :
30398321