The scholarly article "Punishment and Student Speech: Straining the Reach of the First Amendment" by James F. Ianelli analyzes the legal implications of the court cases regarding the First Amendment rights of students. According the Ianelli, the approach to judicial review that the lower courts and the supreme court has taken in regard to student speech has resulted in the suppression of student speech. Citing court cases such as Gertz v. Welch and Marks v. United States, Ianelli makes the case that the inconsistent verdicts regarding the first amendment (more specific on obscenity than other forms of speech, etc.) foster an environment where school administrators and officials have more power than is just in dictating the punishment of students for their speech. Ianelli believes that one of the main injustices that occurs regarding the speech of students is the lack of restriction on the punishment they receive.
Ianelli, James F. "Punishment and Student Speech: Straining the Reach of the First Amendment." Harvard Journal of Law and Public Policy (2010): n. pag.ProQuest Political Science. Web.
No comments:
Post a Comment