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2009 BYU Educ. & L.J. 1 (2009)
Student Speech in Public Schools: A Comprehensive Analytical Framework Based on the Role of Public Schools in Democratic Education

handle is hein.journals/byuelj2009 and id is 3 raw text is: STUDENT SPEECH IN PUBLIC SCHOOLS: A COMPREHENSIVE ANALYTICAL FRAMEWORK BASED ON THE ROLE OF PUBLIC SCHOOLS IN DEMOCRATIC EDUCATION Curtis G. Bentley1 It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. - Justice Fortas2 I wish, therefore, wholly to disclaim any purpose on my part to hold that the Federal Constitution compels the teachers, parents, and elected school officials to surrender control of the American public school system to public school students. Justice Black3 I. INTRODUCTION Ever since the Supreme Court's decision in Tinker v. Des Moines Independent Community School District,4 the fact that public school students retain First Amendment speech rights while in school has become generally-although not universally-accepted. Nevertheless, the problem of how to balance concern for student expression with the teaching and discipline requirements of public schools remains a thorny problem for which the Supreme Court has been unable to devise a comprehensive and coherent answer. Notwithstanding the continued assertion of the few who argue that the First Amendment provides no protection for student speech in public schools,5 the difficult question is no longer whether public 1. J.D., J. Reuben Clark Law School, Brigham Young University, 2008. 2. Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 506 (1969). 3. Id. at 526 (Black, J., dissenting). 4. 393 U.S. 503 (1969). 5. See, e.g., Morse v. Frederick, 127 S. Ct. 2618, 2630 (2007) (Thomas, J.,

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