Cracking Open the Classroom Door: Developing a First Amendment Standard for Curricular Speech
Northwestern University - Pritzker School of Law
May 10, 2012
Northwestern University Law Review, Vol. 107, Forthcoming 2013
This Comment will attempt to disentangle this convoluted doctrine and propose a new standard for the analysis of K-12 educators’ free speech rights. When determining if the First Amendment protects curricular speech, the teacher’s interest in speaking on matters of legitimate pedagogical concern should be balanced against the school’s interest in providing an effective educational environment. Additionally, the proposed analysis will be specifically tailored to the realities of the schoolhouse. In proposing this test, this Comment works within existing Supreme Court doctrine while seeking the optimal balance between the interests of teachers, government, and students.
Number of Pages in PDF File: 42
Keywords: First Amendment, Education Law
Date posted: May 10, 2012 ; Last revised: July 15, 2012