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Student Publications Homepage
ARTICLE CONTENTS
[Pages 173-204]
TOP OF ARTICLE
Introduction
I. Students’ First Amendment Rights Prior to Hazelwood School District v. Kuhlmeier
A. Tinker v. Des Moines Independent Community School District’s Material and Substantial Disruption Test
B. Narrowing of Students’ Free Speech Rights
II. Hazelwood School District v. Kuhlmeier’s “Legitimate Pedagogical Concerns” Test
A. Public Forum Analysis
B. Regulation of School-Sponsored Speech
C. Dissenting Opinion
D. Federal Court Decisions Since Hazelwood
III. Regulation of Student Speech at Public Universities
A. Tinker v. Des Moines Independent Community School
District Applied to the University Setting
B. Application of Hazelwood to University Extracurricular Activities
1. University Newspaper as a Nonpublic Forum
2. University Newspaper as a Limited Public Forum
C. Application of Hazelwood to University Curricular Speech
1. Judge Graber: Hazelwood Is Applicable
2. Judge Reinhardt: Hazelwood Is Not Applicable
IV. Hazelwood School District v. Kuhlmeier’s Deference Is Inappropriate in the University Setting
A. Distinctions Between Secondary and Post-Secondary Education
B. Extension of Viewpoint Discrimination to Public Universities
V. Alternative Standards of Review
A. Revival of Tinker v. Des Moines Independent Community School District’s Material and Substantial Disruption Test
B. Standards Based on Context: Public Forum Analysis
C. Standards Based on Age: The “Age-of-Majority” Test
D. Framework for Future Analysis
Conclusion
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