Welcome to the InfoSci Platform
Assessing the Current Jurisprudence

Assessing the Current Jurisprudence

Copyright: © 2016 |Pages: 48
ISBN13: 9781466695191|ISBN10: 1466695196|EISBN13: 9781466695207
DOI: 10.4018/978-1-4666-9519-1.ch013
Cite Chapter Cite Chapter

MLA

Joseph O. Oluwole and Preston C. Green III. "Assessing the Current Jurisprudence." Censorship and Student Communication in Online and Offline Settings, IGI Global, 2016, pp.304-351. https://doi.org/10.4018/978-1-4666-9519-1.ch013

APA

J. Oluwole & P. Green III (2016). Assessing the Current Jurisprudence. IGI Global. https://doi.org/10.4018/978-1-4666-9519-1.ch013

Chicago

Joseph O. Oluwole and Preston C. Green III. "Assessing the Current Jurisprudence." In Censorship and Student Communication in Online and Offline Settings. Hershey, PA: IGI Global, 2016. https://doi.org/10.4018/978-1-4666-9519-1.ch013

Export Reference

Mendeley
Favorite

Abstract

This chapter assesses the current state of the off-campus student-speech jurisprudence. It discusses the lower courts' application of the United States Supreme Court's student-speech tests to off-campus student speech. The discussion reveals that there is no uniformity in this application. It further reveals that the lower courts do not uniformly embrace school-censorship authority over off-campus speech. While a majority of courts have been willing to extend school-censorship authority beyond the school campus, a few courts remain resistant to this extension. The chapter also presents data on the judicial trends in the off-campus student-speech jurisprudence. This data reveals that most courts use the material and substantial disruption test when reviewing the constitutionality of school censorship of off-campus student speech. On the other hand, no court has applied the Hazelwood test to off-campus speech. The data also shows that most off-campus speech cases involve speech directed at or against school officials rather than students. The ultimate goal of the chapter is to provide insight into the current unsettled off-campus student-speech jurisprudence.

Request Access

You do not own this content. Please login to recommend this title to your institution's librarian or purchase it from the IGI Global bookstore.