Format
Book Chapter
Book Title
Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society
Editor
Ana Melro and Lídia Oliveira (University of Aveiro, Portugal)
First Page
73
Last Page
89
Files
Download Full Text (5.5 MB)
Description
The very first amendment to the United States Constitution protects the freedom of speech. While the Supreme Court held in 1969 that students “do not shed their constitutional rights at the schoolhouse gate,” since then the Court has limited students' freedom of speech, stopping short of considering the boundaries of off-campus, online speech. Lower court holdings vary, meaning that a student engaging in certain online speech may not be punished at all in one state but would face harsh criminal punishments in another. The lack of a uniform standard leads to dangerously inconsistent punishments and poses the ultimate threat to constitutional knowledge and citizenship exercise: chilling of speech. Recent interest in technology-related cases and the presence of a new justice may reverse the Court's prior unwillingness to address this issue. In the meantime, this chapter argues that school districts should erect a virtual schoolhouse gate by implementing a uniform standard.
ISBN
9781522583509
Publication Date
3-2019
Publisher
IGI Global
Disciplines
Courts | Education Law | First Amendment | Jurisdiction | Law and Society | Online and Distance Education
Recommended Citation
Ahranjani, Maryam. "Erecting a Virtual Schoolhouse Gate." Constitutional Knowledge and Its Impact on Citizenship Exercise in a Networked Society (2019): 73-89. https://digitalrepository.unm.edu/law_facbookdisplay/202
Included in
Courts Commons, Education Law Commons, First Amendment Commons, Jurisdiction Commons, Law and Society Commons, Online and Distance Education Commons