18 Pages Posted: 11 Feb 2009 Last revised: 21 Aug 2010
The Supreme Court's recent decision in Morse v. Frederick continues a pattern of judicial unwillingness to protect student speech. A key flaw in the Court's approach is in failing to draw a distinction between government control over the curriculum (and even student speech in curricular activities) and student speech outside the school's curriculum. Deference to school officials is appropriate in the former, but not in the latter. Unfortunately, the Court's approach, as reflected in its last few decisions concerning student speech, has been uncritical deference to schools and far too little protection of student speech.
Suggested Citation: Suggested Citation
Chemerinsky, Erwin, Teaching that Speech Matters: A Framework for Analyzing Speech Issues in Schools. UC Davis Law Review, Forthcoming; UC Irvine School of Law Research Paper No. 2009-2. Available at SSRN: https://ssrn.com/abstract=1341212