Download This PaperDisciplining the 'Disruptive' Student Heckler
17 Pages Posted: 1 Jun 2020
Date Written: May 1, 2020
Abstract
The recent rise of state statutes and policies that discipline disruptive student protestors raises a host of important, yet largely unaddressed, constitutional questions. This Commentary seeks to identify the constitutional issues raised by such disciplinary systems, in addition to making three principal contentions. First, this Commentary argues that any state disciplinary policy that subjects disruptive student protestors to punishment must not be unconstitutionally overbroad. Second, and by contrast, state disciplinary statutes or policies must specify what is prohibited and what is allowed to avoid chilling the expression of constitutionally protected speech. Third, this Commentary normatively contends that a carefully crafted disciplinary sanction regime may encourage civic activism as students will feel more comfortable expressing their views when they know which conduct is clearly permitted and which is subject to discipline. Speakers may also find confidence in voicing their perspectives to an audience subject to a disciplinary regime which punishes overly disruptive speech and behavior. In short, a disciplinary sanction regime, accompanied by defined terminology, may further the significant government interest in promoting a sort of marketplace, where students are exposed to a variety of different ideas, and where contrarian points of view are freely expressed on campus.
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