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17 Duke L. & Tech. Rev. 1 (2018-2019)

handle is hein.journals/dltr17 and id is 1 raw text is: DIALING IT BACK: WHY COURTS SHOULD RETHINK STUDENTS' PRIVACY AND SPEECH RIGHTS AS CELL PHONE COMMUNICATIONS ERODE THE 'SCHOOLHOUSE GATE' NICHOLAS J. MCGUIRET ABSTRACT The ubiquity of cell phones in today's society has forced courts to change or dismiss established, but inapplicable analyticalframeworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court's ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for substantial threats against the school community, courts could accommodate students' constitutional rights while upholding school administrators' ability to maintain a safe environment. INTRODUCTION Cell phone technology has changed almost every aspect of the modern age. Cell phones provide a means to access and store vast amounts of information and to communicate with people around the world. They are also popular across age groups, including among children and teens who use them as a primary mode of communication and entertainment. Because cell phone users keep their phones on their person, this poses several problems in the school setting, where traditionally school administrators can regulate certain student speech and conduct some searches of student belongings. Courts have failed to adopt a consistent standard for school administrators' scope of authority over off-campus speech. Although the Supreme Court has developed a test for assessing the reasonableness of a search in school, it has not clarified how cell phones fit within that test. This Article traces the constitutional contours both of student speech and student searches, identifies the nuanced issues posed by cell phones, and proposes a solution that honors the underlying concerns on all sides: abolish the inconsistent standards of authority for t Duke University School of Law, J.D. expected May, 2019; B.A. Political Science and Media Studies, Davidson College, May, 2014.

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