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ERIC Number: ED330485
Record Type: RIE
Publication Date: 1991-Apr
Pages: 28
Abstractor: N/A
Reference Count: N/A
Adolescent Reasoning and Adolescent Rights.
Moshman, David
In two recent cases, the U.S. Supreme Court addressed the authority of public secondary schools to exercise control over student publication in the school newspaper (Hazelwood v. Kuhlmeier, 1988) and student meetings on school premises (Board of Education v. Mergens, 1990). The Court ruled for substantial school authority with respect to the content of the school newspaper but upheld students' right of equal access with respect to student meetings. It is argued that the two decisions are based on inconsistent assumptions about the intellectual competence of adolescents. A more consistent approach would be based on either a rebuttable presumption of adolescent immaturity or a rebuttable presumption of adolescent maturity. Current psychological evidence is more consistent with the latter presumption. Implications for other legal, educational, and social policy decisions concerning adolescents are discussed. Thirty-five references are included. (Author/RH)
Publication Type: Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Access to Facilities; Supreme Court
Note: Paper presented at the Biennial Meeting of the Society for Research in Child Development (Seattle, WA, April 18-20, 1991).