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ERIC Number: EJ1169651
Record Type: Journal
Publication Date: 2017-Jan
Pages: 33
Abstractor: As Provided
ISSN: EISSN-1947-5578
Homophobic Expression in K-12 Public Schools: Legal and Policy Considerations Involving Speech that Denigrates Others
Eckes, Suzanne E.
Berkeley Review of Education, v7 n1 p49-80 Jan 2017
This article examines an education policy matter that involves homophobic speech in public schools. Using legal research methods, two federal circuit court opinions that have examined the tension surrounding anti-LGBTQ student expression are analyzed. This legal analysis provides non-lawyers some insight into the current realities of student speech jurisprudence in public schools and offers school leaders guidance about how they might address speech that denigrates other students. It also proposes how courts might reconsider analyzing homophobic expression in public schools under existing precedent.
Berkeley Graduate School of Education, University of California, 5648 Tolman Hall, Berkeley, CA 94702. Tel: 510-328-3701; e-mail:; Web site:
Publication Type: Journal Articles; Reports - Research
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Tinker v Des Moines Independent School District; Bethel School District 403 v Fraser; Hazelwood School District v Kuhlmeier
Grant or Contract Numbers: N/A