Enough Tinkering with Students' Rights:
The Need for an Enhanced First Amendment Standard to Protect Off-Campus Student Internet Speech

Cap. U. L. Rev., Vol 36, No. 129, 2008

67 Pages Posted: 7 Aug 2008  

Justin P. Markey

Roetzel & Andress, LPA

Date Written: August 4, 2008

Abstract

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.

Keywords: First Amendment, Cyberbullying, Internet, Free Speech, Students, School

Suggested Citation

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: https://ssrn.com/abstract=1202022

Justin P. Markey (Contact Author)

Roetzel & Andress, LPA ( email )

222 South Main Street
Akron, OH 44240
United States

HOME PAGE: http://www.ralaw.com

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