Censorship Makes the School Look Bad: Why Courts and Educators Must Embrace the "Passionate Conversation"

LoMonte, Frank D.

Journal: Washington University Journal of Law & Policy

Volume: 65

First Page: 091

Year: 2021

Bluebook Citation: 65 WASH. U. J. L. & POL'Y 091 (2021)

Author: Frank D. Lomonte: all 24 publications


Abstract

This Article analyzes the Supreme Court’s decision in Hazelwood School District v. Kuhlmeier. The Court held that students have no freedom to choose the content of school-sponsored newspapers or other curricular vehicles, so long as the justification for censorship is “reasonably related to legitimate pedagogical concerns.” LoMonte argues the Court erred in elevating the government’s reputation to a concern of constitutional value. LoMonte urges the Supreme Court to re-think its decision as it has done with respect to persons in other categories. Young people use their talents to organize reform movements and have political opinions worth hearing, particularly about the education they are receiving.

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