Cracking Open the Classroom Door: Developing a First Amendment Standard for Curricular Speech

42 Pages Posted: 10 May 2012 Last revised: 15 Jul 2012

Date Written: May 10, 2012

Abstract

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.

Keywords: First Amendment, Education Law

Suggested Citation

Tygesson, Nick, Cracking Open the Classroom Door: Developing a First Amendment Standard for Curricular Speech (May 10, 2012). Northwestern University Law Review, Vol. 107, Forthcoming 2013. Available at SSRN: https://ssrn.com/abstract=2055892

Nick Tygesson (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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