This article proposes a test to determine when a student's off-campus internet speech should be punishable by school administration. The proposed balancing test provides enhanced protections for student speech and conduct that ostensibly occurs outside of the school house gate, but also recognizes the administrative need to punish such "off-campus" actions when the explicit or implicit intent was to effect in an school distribution.
Number of Pages in PDF File: 67
Keywords: First Amendment, Cyberbullying, Internet, Free Speech, Students, School
Markey, Justin P., Enough Tinkering with Students' Rights:
The Need for an Enhanced First Amendment Standard to Protect Off-Campus Student Internet Speech (August 4, 2008). Cap. U. L. Rev., Vol 36, No. 129, 2008. Available at SSRN: http://ssrn.com/abstract=1202022