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78 La. L. Rev. 145 (2017-2018)
From Hoodies to Kneeling during the National Anthem: The Colin Kaepernick Effect and Its Implications for K-12 Sports

handle is hein.journals/louilr78 and id is 151 raw text is: From Hoodies to Kneeling During the National Anthem: The Colin Kaepernick Effect and Its Implications for K-12 Sports Laura Rene McNeal' TABLE OF CONTENTS Introduction ......................................... 146 1. Social Activism Enters the World of High School Sports: The Colin Kaepernick Effect................ ............. 152 A. The Rebirth of Social Activism in Sports: The Evolution of the Kaepernick Effect.............................. 153 B. The Emergence of Social Protests in High School Sports and Disciplinary Consequences .......... ..... 158 II. Freedom of Expression Jurisprudence: K-12 Perspective............163 A. Mind to Mind Framework: West Virginia v. Barnette........... 167 B. The Gold Standard: Tinker v. Des Moines............. 170 C. Birth of Censorship: Bethel School District No. 43 v. Fraser ...............................173 D. Curriculum Matters: Hazelwood School District et al. v. Kuhlmeier ................................. 178 E. Guiding the Moral Compass: Morse v. Frederick................. 181 III. Uncharted Waters: Safeguarding Students' Free Speech Rights ............................. ...... 185 A. Free Speech Shortfalls: A Call for Change ..... ........ 186 B. Tinker-Spence Standard: A New Constitutional Standard for Free Speech in K-12 Schools ............ ....... 189 C. Limitations of Proposed Tinker-Spence Standard.................. 194 Conclusion.......................... ........... 195 Copyright 2017, by LAURA RENE MCNEAL. * Law and Policy Analyst at the Charles Hamilton Houston Institute at Harvard Law School and Associate Professor of Law at the University of Louisville Brandeis School of Law. I am grateful to my colleagues, Cedric Powell and Tanya Washington, for their valuable comments and insights. I would like to thank the stellar Louisiana Law Review staff for their professionalism and thoughtful comments throughout the editorial process. Finally, a special thanks to my husband, Montel Bratcher, for his unyielding support throughout this publication process.

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