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5 Belmont L. Rev. 103 (2018)
Searching for Balance with Student Free Speech: Campus Speech Zones, Institutional Authority, and Legislative Prerogatives

handle is hein.journals/belmolre5 and id is 110 raw text is: SEARCHING FOR BALANCE WITH STUDENT FREE SPEECH: CAMPUS SPEECH ZONES, INSTITUTIONAL AUTHORITY, AND LEGISLATIVE PREROGATIVES NEAL H. HUTCHENS* FRANK FERNANDEZ INTRODUCTION.. ................................................... 103 I. SOME COMMENTS ON AUTHORS' POSITIONALITY.. ................. 106 II. FORUM STANDARDS AND OPEN CAMPUS AREAS.... ............... 109 III. STUDENTS, OPEN CAMPUS AREAS, AND SPEECH ZONES ...... ..... 114 IV. BEYOND FORUM ANALYSIS .............................. ..... 121 V. STATE LEGISLATIVE EFFORTS TO RE-SHAPE STUDENT AND INSTITUTIONAL SPEECH RIGHTS.. ......................... 124 CONCLUSION ............................................ ...... 127 INTRODUCTION Free speech controversies on college and university campuses have resulted in a steady stream of media headlines.' U.S. Attorney General Jeff * Professor of Higher Education at the University of Mississippi. The authors wish to thank the members of the Belmont Law Review for the opportunity to participate in this symposium issue. * Assistant Professor of Higher Education at the University of Houston. 1. See, e.g., Nicholas B. Dirks, The Real Issue in the Campus Speech Debate: The University is Under Assault, WASH. POST (Aug. 9, 2017), https://www.washingtonpost.com/ news/grade-point/wp/2017/08/09/the-real-issue-in-the-campus-speech-debate-the-university- is-under-assault/?utm term=.1aa36d34dlbb (arguing that challenges to free speech from the extreme right and left present a fundamental challenge to the concept of the appropriate role of a university); Christine Hauser, Campuses Grapple with Balancing Free Speech and Security after Protests, N.Y. TIMES (Mar. 29, 2017), https://www.nytimes.com/2017/03/29/ us/texas-aandm-speaking-policy-richard-spencer.html (considering how allowing speakers must be balanced against campus safety issues); Elliot C. McLaughlin, War on Campus: The Escalating Battle over College Free Speech, CNN (May 1, 2017, 12:04 PM), 103

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