CALIFORNIA -- Speakers at the University of
California at Davis Law Review Symposium on Friday will attempt to answer
questions regarding free speech in public schools, an issue for which some think
the Supreme Court has provided unclear guidance. "We want to have a
robust dialogue about these issues," said Megan Knize, law review editor
in chief. "We're hoping [the speakers] will have some new ways of
analyzing these issues." One of the 10 speakers representing law
schools across America is Dean Kenneth W. Starr of Pepperdine Law School. In
2007 Starr successfully argued the U.S. Supreme Court case Morse v.
Frederick, which found that administrators may punish student speech that
advocates the use of illegal drugs. "Earlier decisions seem to give
students more rights ... but later decisions seem to clamp down more heavily on
what students can say in a school setting," Knize said. The First
Amendment topic was chosen after a group of law students solicited law school
faculty for proposals, she said. "Faculty are very interested in this
topic. It seems to me that this is an area of law that's pretty
muddled," she said. "The doctrines are not very
clear." Knize said she hopes administrators and others who deal with
this issue will leave the symposium with clear answers on how to address
situations they face daily. Landmark Supreme Court decisions that have
affected students' First Amendment rights in public schools include
Tinker v. Des Moines Independent Community School District in 1969 and
Hazelwood School District v. Kuhlmeier in 1988. In Tinker, the Supreme Court ruled that in order to censor student speech,
administrators must prove the speech would create a "substantial
disruption" of normal school activities or would invade the rights of
others. But in Hazelwood, the Court said school officials generally may
censor items in school-sponsored outlets if they can present a reasonable
educational justification for doing so and if they have not traditionally
allowed students to make final content decisions. A list of speakers
and a schedule for the symposium can be found at http://lawreview.law.ucdavis.edu/symposia/2008/home.php?page=index&group=symposia.
© 2008 Student Press Law Center