William & Mary Bill of Rights Journal
Abstract
This Article first explores the constitutional background of student speech rights, beginning with the Tinker decision and continuing through early court attempts to analyze online, off-campus cases. Next, it examines Mahanoy itself, unpacking the frustratingly murky majority opinion written by Justice Stephen Breyer. The Article then breaks new ground by exploring court decisions in the years since Mahanoy, as jurists continue trying to identify First Amendment boundaries in student speech cases involving bullying, threats, and otherwise offensive speech. A concluding section synthesizes the state of the law and offers perspectives on this vital area of constitutional concern.
This abstract has been taken from the author's introduction.
Repository Citation
Emily Erickson and Matthew D. Bunker, Waiting for Mahanoy: Examining the Still-Unsettled Jurisprudence of Online Student Speech, 32 Wm. & Mary Bill Rts. J. 991 (2024), https://scholarship.law.wm.edu/wmborj/vol32/iss4/9
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