Abstract
I advance my argument in three parts. In Part I, I discuss the law as it currently applies to student publications. I begin by briefly addressing the law as it applies to student publications in high schools as a way of demonstrating the lack of clarity in the law as it applies to student publications on college campuses. I then discuss the current state of speech regulation for student publications, including yearbooks, on college campuses. In Part II, I discuss each of the categories of unprotected speech as they are currently interpreted by the Supreme Court, and I demonstrate how they fall short of protecting all students. In Part III, I suggest ways these categories of unprotected speech can be modified to better allow for the exchange of ideas on college campuses in a way that promotes inclusive environments where each student can learn and feel safe. Adopting such modifications would allow student publications to truly serve as a “marketplace of ideas” where curiosity and creative expression can thrive.
Recommended Citation
MaryAnn Grover,
The First Amendment and the Great College Yearbook Reckoning,
53
U. Rich. L. Rev.
19
(2019).
Available at:
https://scholarship.richmond.edu/lawreview/vol53/iss5/3
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