Tinkering With Student Speech: Emerging Legal Debates in P-20 Education

Session Type: Symposium

Abstract

Panelists will discuss the student speech legal landscape from a P-20 vantage point. This approach is intended to spur consideration of important legal tensions regarding student speech, namely in the areas of: (1) the degree to which courts consistently do or do not make meaningful distinctions regarding the educational level of the student(s) in determining the extent of speech rights; (2) educational aims related to inclusivity and civility versus the rights of students to engage in speech viewed by at least some members of the campus community as offensive or hurtful; and (3) how online speech has created difficulties for courts in distinguishing between in-school and off-campus expression and in determining the appropriate limits of educators’ authority over student speech.

Sub Unit

• SIG-Law and Education

Chair

• Karen L. Miksch, University of Minnesota - Twin Cities

Papers

• (The Lack of) Distinctions Among Students’ Educational Levels as Determinants of Student Speech Rights - Suzanne E. Eckes, Indiana University; Neal H. Hutchens, The Pennsylvania State University - University Park; Jeffrey C. Sun, University of Louisville

• Inclusivity and Civility - Suzanne E. Eckes, Indiana University; Jeffrey C. Sun, University of Louisville

• Online Speech and Expressive Conduct - Martha M. McCarthy, Loyola Marymount University; Neal H. Hutchens, The Pennsylvania State University - University Park

Discussant

• Karen L. Miksch, University of Minnesota - Twin Cities