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ERIC Number: ED527827
Record Type: Non-Journal
Publication Date: 2010
Pages: 193
Abstractor: As Provided
Reference Count: N/A
ISBN: ISBN-978-1-1245-7988-7
ISSN: N/A
School Authority over Off-Campus Student Expression in the Electronic Age: Finding a Balance between a Student's Constitutional Right to Free Speech and the Interest of Schools in Protecting School Personnel and Other Students from Cyber Bullying, Defamation, and Abuse
Dryden, Joe
ProQuest LLC, Ed.D. Dissertation, University of North Texas
In "Tinker v. Des Moines Independent School District", the Supreme Court ruled that students have speech rights in the school environment unless the speech causes or is likely to cause (1) a substantial disruption, or (2) interferes with the rights of others. The Supreme Court has yet to hear a case involving school officials' authority to regulate electronically-delivered derogatory student speech, and no uniform standard currently exists for determining when school authorities can discipline students for such speech when it occurs off campus without violating students' First Amendment rights. This dissertation examined 19 federal and state court decisions in which school authorities were sued for disciplining students for electronically delivered, derogatory speech. Eighteen of these cases involved student speech that demeaned or defamed school teachers or administrators. Only one involved speech that demeaned another student. Each case was analyzed to identify significant factors in court holdings to provide a basis for the construction of a uniform legal standard for determining when school authorities can discipline students for this type of speech. The full application of "Tinker's" first and second prongs will provide school officials the authority needed to address this growing problem while still protecting legitimate off-campus student cyber expression. Predictions of future court holdings and policy recommendations are included. [The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.]
ProQuest LLC. 789 East Eisenhower Parkway, P.O. Box 1346, Ann Arbor, MI 48106. Tel: 800-521-0600; Web site: http://www.proquest.com/en-US/products/dissertations/individuals.shtml
Publication Type: Dissertations/Theses - Doctoral Dissertations
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment; Tinker v Des Moines Independent School District