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Publication Date

2008

Abstract

In three seminal cases dating from 1969-1988, the U.S. Supreme Court determined that students have a more limited right to free speech while within the confines of a public school building. In recent years, however, more and more cases have arisenin which it is not so clear whether a student speaker is "on-campus,"due in large part to the rapid increase in speech communicated over the Internet. This Note explores the possibility of how far the "confines of a public school building" should be extended in this age of the Internet. After analyzing the current confusion regarding what amount of restriction on student speech is proper in what situations and considering proposals set forth by other scholars,this Note proposes a new threshold test that student speech must satisfy to be brought within the realm of on-campus speech and thus subject to the Supreme Court's formulation of lesser free speech rights

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