First Amendment, Supreme Court, jurisprudence, student speech, forseeability threshold, online speech
“Ms. Sarah Phelps is the worst teacher I’ve ever met.” While the name of this Facebook page is perhaps a bit harsh, most would hardly view it as grounds for school suspension. The very heart of the First Amendment, and indeed the notion for which our Framers drafted it, is the right of citizens to “think, speak, write and worship as they wish, not as the Government commands.” Without this fundamental freedom—one that has persevered despite countless efforts to narrow its reach—the American people would live in constant fear of backlash and suppression for merely voicing their opinions.
Foreseeably Uncertain: The (In)Ability of School Officials to Reasonably Foresee Substantial Disruption to the School Environment,
73 Ark. L. Rev.
Available at: https://scholarworks.uark.edu/alr/vol73/iss1/11